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Post by Deleted on Mar 6, 2017 23:20:41 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. I suppose you're right. But isn't a shame how the concept of a gentleman's agreement....or spit in the hand handshake....has gone? I blame lawyers and middlemen who have got nothing better to do than screw us.
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Post by TonyDunkley on Mar 7, 2017 0:40:58 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 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. and :~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. You're talking through your backside, which can't be easy whilst you've your head stuck up the same orifice, . . . you are the one dishing out the "totally erroneous advice" about Andy having agreed to brass up this £50.00 charge when, in truth, he hasn't done anything of the sort. I'll repeat what's been said earlier, both by me and others, . . . Andy has NOT signed any contract committing him to handing over any sum of money in the form of an 'administration' charge or anything else along similar lines.
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Post by Deleted on Mar 7, 2017 7:32:17 GMT
Defective negotiations. Mistakes trickery .misleading conduct.or misrepresentation. Signed in good faith.by the way good morning
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Post by Mr Stabby on Mar 7, 2017 7:56:40 GMT
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. and :~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. Andy has NOT signed any contract committing him to handing over any sum of money in the form of an 'administration' charge or anything else along similar lines. Then why has he stated that he has?
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Post by thebfg on Mar 7, 2017 8:06:47 GMT
Even if he has you only need to pay it when they send a complient letter before action.
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Post by TonyDunkley on Mar 7, 2017 8:08:25 GMT
Andy has NOT signed any contract committing him to handing over any sum of money in the form of an 'administration' charge or anything else along similar lines. Then why has he stated that he has? He hasn't, . . . it was an assumption on your part that he had, when in fact the first time that any mention of this charge has occurred was only a matter of days ago, . . . and it was communicated to Andy verbally rather than in writing.
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Post by Deleted on Mar 7, 2017 8:11:51 GMT
It all sounds a bit like those supermarket car park penalty charge notices. The car park owner can not enforce a penalty charge but people pay "just in case"
There is a moderate threat level so you pay a relatively small amount to make that threat go away.
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Post by lollygagger on Mar 7, 2017 8:20:21 GMT
It all sounds a bit like those supermarket car park penalty charge notices. The car park owner can not enforce a penalty charge but people pay "just in case" There is a moderate threat level so you pay a relatively small amount to make that threat go away. In the back of your mind also - "I might want to use one of their marinas in the future, better pay up". Admin charges. Grr. The mooring fees cover administrating the moorings!
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Post by thebfg on Mar 7, 2017 8:22:10 GMT
It all sounds a bit like those supermarket car park penalty charge notices. The car park owner can not enforce a penalty charge but people pay "just in case" There is a moderate threat level so you pay a relatively small amount to make that threat go away. But the ones who don't pay it, ignore it and many end up with a default county judgement against them. Because however dodgy it is an undefended court claim will always lose. I would say we need to see the original contract.
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Post by Deleted on Mar 7, 2017 8:22:58 GMT
lollygagger Didn't think of that. I guess there probably is a marina "black list" and it may even be shared with other marinas so could cause quite a big problem as you suggest.
bfg - fair point. I make a point of never leaving my car in an area with threat notices anyway. but I read convincing information that for example supermarkets will not take you to court for parking infringement (unless they have a pay and display which you don't pay for but thats different). I suppose if you left the car there persistently then they would do something more serious.
I don't really know - this is not legal advice .. giggle
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Post by lollygagger on Mar 7, 2017 8:31:57 GMT
Didn't think of that. I guess there probably is a marina "black list" and it may even be shared with other marinas so could cause quite a big problem as you suggest. Where it's a chain yes, I was assuming EA marinas have a few, I may have wrong end of the stick. When I read threads like this I'm glad to be where I am. Pure luck but it's great here in a marina run on common sense. The owner and staff are great, the marina is full. They seem content with what they have and rather than spend their time scheming to squeeze more cash out of the moorers they get on and enjoy their lives like the rest of us..
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Post by naughtyfox on Mar 7, 2017 8:44:28 GMT
Then why has he stated that he has? He hasn't, . . . it was an assumption on your part that he had, when in fact the first time that any mention of this charge has occurred was only a matter of days ago, . . . and it was communicated to Andy verbally rather than in writing. I'm lost on this thread. WHAT is the charge for? Is it, presumably, for not giving enough notice that he was leaving? YET - is it not so that at the beginning of the mooring 'agreement/contract' Andy said he'd be off by end of March 2017? We haven't seen any documents that Andy has signed with a pen, have we? A lot of assumptions and few facts (if any) in all of this! To me, anyway, the £50 seems like superfluous nonsense if Andy has paid for his mooring in full.
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Post by Deleted on Mar 7, 2017 9:06:53 GMT
Thanks for the advice everybody and for taking your time. especially when you got your own troubles.and things too do
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Post by Deleted on Mar 7, 2017 10:08:42 GMT
Manager did not explain or mention to me when I first moved in.about eny further charges.only he said that I can walk out on that date it ends and they can't do enything about it.
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Post by bodger on Mar 7, 2017 10:12:17 GMT
it can't be too difficult for OP or TD to cut and paste the clause in the contract about giving notice of your intention to leave, or about a fixed term mooring term, or to state there are no such provisions (which I doubt).
in the meantime all this remains as just hot air.
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