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Post by Mr Stabby on Mar 6, 2017 19:19:18 GMT
I was told that day I came in here that I could just walk out when my contract is up.and they can't do nothing he said. I told him on 3rd March that I'm leaving. So he's had near enough 1 month notice. I think I was tricked by him telling me that i could just walk out.WITH NO NOTICE Sorry Andy but I think you should pay the £50. He may have said x, you may have heard y, who knows but unfortunately for you the written words sent to you as per the post from sscruddy (presuming you received that) make it pretty clear that you had to give notice to quit by Feb 24th, and you didn't. Much as I would prefer to be able to take the side of the boater against the marina, if the OP agreed by signature to the written contract which sscruddy posted then he will be on a very sticky wicket if he tries to avoid paying the Administration Fee, regardless of what may have been said verbally, since the written contract is completely unambiguous.
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Post by Deleted on Mar 6, 2017 19:20:44 GMT
The EA got there sneaky ways lol
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Post by Deleted on Mar 6, 2017 19:22:46 GMT
Not if they have misled you .it isnt it's classed as fraud and makes a contract don't mean nothing I think it's buisness law
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Post by TonyDunkley on Mar 6, 2017 19:34:48 GMT
All this for 50 quid lol I'd rather pay them . than have to pay more mooring charges for another year.and it's cheaper. You don't have to pay them £50.00, or another year's mooring fees, . . it's just a 'try on', . . . tell them to get lost !
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Post by Mr Stabby on Mar 6, 2017 19:42:59 GMT
Not if they have misled you .it isnt it's classed as fraud and makes a contract don't mean nothing I think it's buisness law The trouble is that if it came to a small claims court action, you would not be able to provide any evidence that you have been misled, whereas the marina would be able to provide evidence that you agreed to their terms. I'm not trying to piss on your chips or anything but if you signed that contract, then you agreed to this charge, and if the written contract did not tally with what you were told verbally then you should have queried this at the time and had this condition struck out from the contract before you agreed to it. I'm sorry if I don't appear to be "in your corner" but I am just trying to give you the best advice according to my understanding of contract law.
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Post by Deleted on Mar 6, 2017 19:55:32 GMT
I don't know as I'm learning. but if he told you something (which was untrue) and you beleaved him. And you signed it without looking.meaning in good faith . contract don't mean nothing providing you can prove it
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Post by Deleted on Mar 6, 2017 20:01:01 GMT
Not if they have misled you .it isnt it's classed as fraud and makes a contract don't mean nothing I think it's buisness law The trouble is that if it came to a small claims court action, you would not be able to provide any evidence that you have been misled, whereas the marina would be able to provide evidence that you agreed to their terms. I'm not trying to piss on your chips or anything but if you signed that contract, then you agreed to this charge, and if the written contract did not tally with what you were told verbally then you should have queried this at the time and had this condition struck out from the contract before you agreed to it. I'm sorry if I don't appear to be "in your corner" but I am just trying to give you the best advice according to my understanding of contract law. I think you are probably right but would the ea actually take noratrace to the small claims court over £50? I suppose they might but would it really be worth it?
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Post by TonyDunkley on Mar 6, 2017 20:18:09 GMT
Not if they have misled you .it isnt it's classed as fraud and makes a contract don't mean nothing I think it's buisness law The trouble is that if it came to a small claims court action, you would not be able to provide any evidence that you have been misled, whereas the marina would be able to provide evidence that you agreed to their terms. I'm not trying to piss on your chips or anything but if you signed that contract, then you agreed to this charge, and if the written contract did not tally with what you were told verbally then you should have queried this at the time and had this condition struck out from the contract before you agreed to it. I'm sorry if I don't appear to be "in your corner" but I am just trying to give you the best advice according to my understanding of contract law. I bet the only thing that keeps you going is being so cheerful and optimistic ! Andy hasn't signed anything agreeing to hand over £50.00 in return for sod all, . . . so where does contract law come into any of this ? All the EA have got is a badly worded and undated circular letter asking customers to sign, but leave undated, next year's mooring agreement, which will be subject to an unfinalized set of amended rules which they will publish at some future date. It's a load of nonsense, and I seriously doubt that anyone would be foolish enough to attempt to argue a County Court claim based on the gibberish the EA have produced.
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Post by Mr Stabby on Mar 6, 2017 20:32:52 GMT
And you signed it without looking.meaning in good faith . contract don't mean nothing providing you can prove it Are you saying that if you sign a contract without reading it, then you aren't bound by it? Like I said earlier, I'm not trying to "have a go" but you seem to be totally lacking in understanding as to how contract law works. It's up to you what you do, you could just do a moonlight flit, but if EA decided to enforce their contract then you wouldn't have a snowflake's chance in hell of defending it on the grounds that you didn't read it before you signed it.
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Post by Mr Stabby on Mar 6, 2017 20:35:33 GMT
The trouble is that if it came to a small claims court action, you would not be able to provide any evidence that you have been misled, whereas the marina would be able to provide evidence that you agreed to their terms. I'm not trying to piss on your chips or anything but if you signed that contract, then you agreed to this charge, and if the written contract did not tally with what you were told verbally then you should have queried this at the time and had this condition struck out from the contract before you agreed to it. I'm sorry if I don't appear to be "in your corner" but I am just trying to give you the best advice according to my understanding of contract law. I bet the only thing that keeps you going is being so cheerful and optimistic ! What is the point of giving a fellow member wrong information just to be cheerful and optimistic? Your totally erroneous advice has the potential to cost him a lot of money.
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Post by erivers on Mar 6, 2017 21:10:57 GMT
Iconoclast said:
"if the OP agreed by signature to the written contract which sscruddy posted then he will be on a very sticky wicket if he tries to avoid paying the Administration Fee, regardless of what may have been said verbally, since the written contract is completely unambiguous."
With respect Mr Iconoclast, you really might be able to offer more sensible advice if you first took the trouble to avail yourself of the facts.
The "written contract which sscruddy posted" to which you refer is no such thing. It is simply a letter advising that an admin charge will be applied if certain conditions are not met. There appears to be no contractual basis for any such administration charge.
Perhaps if I write to you suggesting that I demand £50 from you if you post such crap here in future you will be more than happy to pay up simply on the basis that if you've read my preposterous letter you have agreed to the terms!
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Post by bodger on Mar 6, 2017 21:37:09 GMT
what a load of hot air.
until we see the actual mooring contract everything discussed here is just pie in the sky...... and a few folks round here are good at making the most of pies.
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Post by Telemachus on Mar 6, 2017 22:01:28 GMT
Well Tony now has the contract apparently, why doesn't he post it and then we can all see the actual situation instead of guessing?
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Post by Deleted on Mar 6, 2017 22:17:26 GMT
Before you read the contract. The Manager said to me.that when my date comes I can just walk out that day.and they can't do anything. About it.i was going to read the contract but he just said oh its just only what we talked about. so I didn't read it .as i believed that I can just walk out with no hassle so I signed it in good faith. Beleaving what he told me
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Post by Mr Stabby on Mar 6, 2017 22:43:39 GMT
Before you read the contract. The Manager said to me.that when my date comes I can just walk out that day.and they can't do anything. About it.i was going to read the contract but he just said oh its just only what we talked about. so I didn't read it .as i believed that I can just walk out with no hassle so I signed it in good faith. Beleaving what he told me Then the moral of the story is not to sign a contract without reading it and agreeing to it first. How you deal with this is entirely up to you, but you agreed to pay this charge when you took out the mooring so you are legally liable to pay it. Banging on about "I signed it in good faith" when what you mean is "I signed a contract I didn't read" just will not cut the mustard in any court of law. But it's up to you, there is a world of information on the internet explaining this, if you don't want to accept it then it's really not my problem, I've tried to help you and if you just won't listen then that's just your tough shit.
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