Barby Moorings and the Trade Description Act!!!!??

[bigcol]

Easy peasey

 

Take a copy of this thread complete,and attaché the whole lot on return of the court sumons only (not his letter)

 

Then get info for the adverts and the advertising body that has stop advertising his Marina

 

Then you take his letter to you telling you to vacate

 

Take copy of the services he advertised you would get

 

Take photos of services or non services you had

 

Defend your self it comes across better, and solicitors won't have the same passion, although none of this will matter as all the evidence is there in paper and pics

 

Even counter sue for all your monies back on the same summons all breach of contract

 

Simples you will win

 

Col

[Ray T]

Up until now I have mainly kept out of this thread but have followed it with interest.

 

What ever anyone may think of this site, there is additional "evidence" here which may be of use.

 

Boaters deserting Barby.

 

http://www.narrowboa...deserting-barby

 

Barby Mooring shambles

 

http://www.narrowboa...deserting-barby

 

County Court fees here:

 

http://www.justice.gov.uk/guidance/courts-and-tribunals/courts/fees/

 

Advice for counter claims here as well.

 

BTW Mrs. T used to do a lot of credit control and was familiar with the County Court process.

As mentioned earlier the more evidence you have to support your claim, the better.

Edited November 16, 2011 by Ray T

[Ray T]

Mrs T Writes....

 

To Dave G and Frank

Did McMaster actually send you an invoice for the period he is claiming ?

 

It strikes me as a bit peculiar that he is threatening court action in such a short space of time. In my experience I had to show the court I had issued an invoice, statement, reminder letters by recorded delivery (first two asking for payment, third threatening further action), further statements inbetween and this could take between 90-120 days.

 

Did someone also refer to his changing the T&C's in the past two years - find that out as supporting evidence to see exactly what he has changed AND when.

 

Good luck,

 

Mrs T

[Slim]

Mrs T Writes....

 

To Dave G and Frank

Did McMaster actually send you an invoice for the period he is claiming ?

 

It strikes me as a bit peculiar that he is threatening court action in such a short space of time. In my experience I had to show the court I had issued an invoice, statement, reminder letters by recorded delivery (first two asking for payment, third threatening further action), further statements inbetween and this could take between 90-120 days.

 

Did someone also refer to his changing the T&C's in the past two years - find that out as supporting evidence to see exactly what he has changed AND when.

 

Good luck,

 

Mrs T

 

 

 

 

Mrs T,

 

In my case the answer to your question is YES.

 

The process that you refer to is similar to the advice I've been given.

 

 

 

 

 

Frank

 

 

 

Happy to give further info to moorer/ex moorers via PMs

[fuzzyduck]

I have to say.... Sueing members of such a large chunk of the boating community that is CWDF, after such damning publicity as has been exposed here, seems like a own goal of almost Church of Scientology proportions.

[the grinch]

having just read all 14 pages!! i just had to laugh at the comment above so much so that it deserves the "greenie" of the day.

[Grace and Favour]

I have to say.... Sueing members of such a large chunk of the boating community that is CWDF, after such damning publicity as has been exposed here, seems like a own goal of almost Church of Scientology proportions.

 

Aah! they'll be the Tom Cruisers then

[Laurie Booth]

Easy peasey

 

Take a copy of this thread complete,and attaché the whole lot on return of the court sumons only (not his letter)

 

Then get info for the adverts and the advertising body that has stop advertising his Marina

 

Then you take his letter to you telling you to vacate

 

Take copy of the services he advertised you would get

 

Take photos of services or non services you had

 

Defend your self it comes across better, and solicitors won't have the same passion, although none of this will matter as all the evidence is there in paper and pics

 

Even counter sue for all your monies back on the same summons all breach of contract

 

Simples you will win

 

Col

No solicitors allowed.

[Trevor S]

Does anybody have any recent photographs of the marina - or do I have to stop in mid cut and put the stepladder on the roof so I can climb up and see over the bank? (I don't expect Mt M to let me wander around the site with my camera - unless I go in disguised as a duck!)

 

I wish I'd been reading this thread before I booked in and parted with my £400 .. but what has really made me angry was discovering that I couldn't stay on board over the winter unless I was prepared to break the law - which I'm not. His answer was, effectively, that 'he owned the marina and in the marina what he said goes'; when I queried the <72 hours in any seven days> his answer was that he 'didn't know anybody who stayed on their boat for three days without going ashore to stretch their legs - or walk the dog'

 

Speaking personally, I don't think that he can hold me to any contract where he hasn't confirmed the T&Cs, etc., beforehand and, luckily for me, I did everything by phone from an advert in WWW as I had no internet access at the time. This kicks in the 'Distance Selling Regulations' and give a lot of rights regarding cancellation - apart from the fact that nobody can enforce a contract that requires the other party to commit an illegal act.

 

The only question, insofar as I can see, concerns getting back the money he took under false pretenses - and I'm working on that right now

[Midnight Rider]

The only question, insofar as I can see, concerns getting back the money he took under false pretenses - and I'm working on that right now

I think that you will have to be damn quick, I can't see this outfit lasting much longer. Best of luck.

[Starcoaster]

Trevor, the pics posted by Carl T a few pages back were taken on the 27th October when we went past.

[Humphrey]

Trevor S

My friends have lots of photos taken while they were staying there at end of October if you want some.

[Robbo]

If its okay with the OP and mods I think this thread should renamed to have "Barby Moorings" In the title purely because it will by higher up in the ratings on Google.

Edited November 19, 2011 by Robbo

[bargemast]

If its okay with the OP and mods I think this thread should renamed to have "Barby Moorings" In the title purely because it will by higher up in the ratings on Google.

 

 

I agree for 100 % with this suggestion.

 

Peter.

[Bob18]

View PostRobbo, on 19 November 2011 - 10:15 AM, said:

If its okay with the OP and mods I think this thread should renamed to have "Barby Moorings" In the title purely because it will by higher up in the ratings on Google.

 

 

 

I agree for 100 % with this suggestion.

 

Peter.

 

Thirded

[Annie Girl]

I put the original item on here, if there is a way to rename it I will. Is there a way to do it?

[DaveG]

I support this, too - sounds better than "fourthed".

[Guest]

I put the original item on here, if there is a way to rename it I will. Is there a way to do it?

 

- it needs a mod to to it. Report the original post using the 'report' button and type in the box that comes up what you want them to change it to.

[matty40s]

- it needs a mod to to it. Report the original post using the 'report' button and type in the box that comes up what you want them to change it to.

 

I am not sure that putting the name would be a good idea, as the website is responsible for all posts, and could be construed as unduly influencing the process, or Daniel could be sued due to the (not unwarranted) defamatory comments.

[adam1uk]

the (not unwarranted) defamatory comments.

 

If they're not unwarranted, they're not defamatory.

[Guest]

I am not sure that putting the name would be a good idea, as the website is responsible for all posts, and could be construed as unduly influencing the process, or Daniel could be sued due to the (not unwarranted) defamatory comments.

 

If that had been a concern I think the mods or the site owner would have shut down the thread long ago - the marina concerned is named frequently throughout the thread so I don't believe adding it to the title makes any difference.

[Theo]

Just added the requested subtitle.

 

Please make sure that you don't post libelous stuff

 

Nick

[Niko]

A general principle of making a financial claim is to go for the people with the biggest pockets (often those who have insurance). Two potential defendants spring to mind having read this thread.

 

Firstly, the bank whose article about the marina might well have encouraged, or even been fully responsible for some people making the decision to purchase a mooring, and secondly any media source which presented the marina as up and running with all facilities in place.

 

Distinguish here between simple adverts and articles which read as if the reporter has been and seen and is not just lifting from advertising material. The question would be whether it was clearly an advertising spiel or whether there was any notice that this was an advertising feature, if so, was it clear and easily noticeable.

 

Those who think their decision was in full or in part based on such articles should write to the bank and/or the media sources stating what has happened, what percentage of the decision was driven by their article (which appeared in a trusted journal) and why it was not immediately obvious that the author was simply repeating advertising material.

 

Ask what they intend to do to compensate you, give some figures of what you think reasonable in the circumstances, and reserve the right to refer the matter to either the Banking Ombudsman or the Press Complaints Commission.

 

All sorts of factors will alter the claims for each person, for instance, did the company see, or were they likely to have seen the adjudication by the Advertising standards agency? Would a reasonable organisation taking adverts in the current economic climate refer to the ASA page? Especially since there have been complaints in the public arena for some time? How long after that date did you make the decision to purchase a mooring?

 

It would be wise to save the pages on the net that such articles and comments appear on. Also, register the websites with archive.org - if they have not already appeared there.

 

If the marina has been declared insolvent then anyone with a claim should notify the administrator that they have a claim - could be years before you get a penny in the pound or whatever might just be left after the people with charges on any property have been paid off.

 

I note that issuing a cheque without funds to pay is a criminal offense. As are other activities described here. This is not a comment on how likely a prosecution would be, that depends on the circumstances.

 

Changes to terms and conditions might be another irregularity, depending on whether the original agreement reserved the right to change them without further notice - again, there are such things as unfair terms in contracts and even if a particular clause is deemed not to be unfair, this can change depending on the individual circumstances that apply.

[Robbo]

I am not sure that putting the name would be a good idea, as the website is responsible for all posts, and could be construed as unduly influencing the process, or Daniel could be sued due to the (not unwarranted) defamatory comments.

 

 

This thread does show up if you search on Google for Barby Moorings, but an older thread is further up the rankings.

[ditchcrawler]

Well if the owner is happy to send registered letters to people he has thrown off for not giving notice I am sure he will be happy to send one to the list owner. Do the Post Office give credit for recorded delivery?