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Post by bodger on Mar 7, 2017 10:13:33 GMT
Manager did not explain 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. wot you said he said is hearsay and carries no weight. wot the contract says is binding. where is the contract clause/s that refer?
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Post by TonyDunkley on Mar 7, 2017 10:34:52 GMT
Manager did not explain 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. I've looked through the EA Mooring Agreement/Contract you signed last year, Andy, and I can't find anything in it by which they could hold you to any retrospectively applied 'administration charge' in respect of not renewing for a further period. Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract. As I said yesterday, you need not concern yourself any further over this. It has been nothing more than a cynical and rather clumsy attempt to con you out of £50.00. It is, of course, always a possibility that they may keep a refusal to be conned into paying up in return for absolutely nothing on record and have another try for it if you want an EA mooring again at some future date, but it really isn't worth losing any sleep over, . . . and nor is anything that the forum gloom merchants persist in vapouring on about.
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Post by Telemachus on Mar 7, 2017 12:15:37 GMT
Manager did not explain 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. I've looked through the EA Mooring Agreement/Contract you signed last year, Andy, and I can't find anything in it by which they could hold you to any retrospectively applied 'administration charge' in respect of not renewing for a further period. Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract. As I said yesterday, you need not concern yourself any further over this. It has been nothing more than a cynical and rather clumsy attempt to con you out of £50.00. It is, of course, always a possibility that they may keep a refusal to be conned into paying up in return for absolutely nothing on record and have another try for it if you want an EA mooring again at some future date, but it really isn't worth losing any sleep over, . . . and nor is anything that the forum gloom merchants persist in vapouring on about. Slightly weaselly-worded if I may say so, in that you say "anything in it that they could hold you to". Which isn't quite the same as saying there is no clause relating to a need to give notice to quit/fee for not doing so. That you don't want to show us the contract makes me suspicious! But if all is as you imply then I agree with you. If there is nothing about it in the contract, the letter can't suddenly impose a £50 charge.
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Post by Deleted on Mar 7, 2017 12:28:45 GMT
Sorry to of given more stress to Tony dunkly . Wen he's probably got more things to do in life. Then to be quizzed on here with verbal etc.
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Post by TonyDunkley on Mar 7, 2017 13:19:49 GMT
Sorry to of given more stress to Tony dunkly . Wen he's probably got more things to do in life. Then to be quizzed on here with verbal etc. No need for any apologies, Andy, . . . . there's nothing, and nobody, here with the capacity to cause me any stress.
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Post by Deleted on Mar 7, 2017 13:57:35 GMT
Is the charge 40 quid plus vat at 20%, or just 50 quid for the manager. Get the manager to confirm that he or she will issue a vat receipt when you pay.
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Post by erivers on Mar 7, 2017 14:06:25 GMT
I've looked through the EA Mooring Agreement/Contract you signed last year, Andy, and I can't find anything in it by which they could hold you to any retrospectively applied 'administration charge' in respect of not renewing for a further period. Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract. As I said yesterday, you need not concern yourself any further over this. It has been nothing more than a cynical and rather clumsy attempt to con you out of £50.00. It is, of course, always a possibility that they may keep a refusal to be conned into paying up in return for absolutely nothing on record and have another try for it if you want an EA mooring again at some future date, but it really isn't worth losing any sleep over, . . . and nor is anything that the forum gloom merchants persist in vapouring on about. Slightly weaselly-worded if I may say so, in that you say "anything in it that they could hold you to". Which isn't quite the same as saying there is no clause relating to a need to give notice to quit/fee for not doing so. That you don't want to show us the contract makes me suspicious! But if all is as you imply then I agree with you. If there is nothing about it in the contract, the letter can't suddenly impose a £50 charge. Nothing "weaselly-worded" whatever in Tony's statement. "Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract."
.... which makes it abundantly clear that any attempt by the EA to arbitrarily impose an administration charge for not giving 5-weeks notice confirming the intention to fully meet the terms of the contract by vacating the mooring when that contract expired on 31st March has no reasonable basis and can only be seen as an attempt to exploit customers.
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Post by Telemachus on Mar 7, 2017 14:10:08 GMT
Slightly weaselly-worded if I may say so, in that you say "anything in it that they could hold you to". Which isn't quite the same as saying there is no clause relating to a need to give notice to quit/fee for not doing so. That you don't want to show us the contract makes me suspicious! But if all is as you imply then I agree with you. If there is nothing about it in the contract, the letter can't suddenly impose a £50 charge. Nothing "weaselly-worded" whatever in Tony's statement. "Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract."
.... which makes it abundantly clear that any attempt by the EA to arbitrarily impose an administration charge for not giving 5-weeks notice confirming the intention to fully meet the terms of the contract by vacating the mooring when that contract expired on 31st March has no reasonable basis and can only be seen as an attempt to exploit customers. No, your are conflating 2 things. The bit you quote in italics says that notice doesn't have to be given. That is not in question. It doesn't say there is or isn't an exit fee if notice isn't given. And my earlier comment stands. If it were so clear cut, why can't the contract be posted?
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Post by Deleted on Mar 7, 2017 14:12:53 GMT
Maybe pay the £50, get a recipt for it then send a letter confirming your intention to go to the small claims court for a refund of the illegally applied fee.
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Post by erivers on Mar 7, 2017 14:21:23 GMT
Nothing "weaselly-worded" whatever in Tony's statement. "Nor is there anything that imposes any obligation on either party to give notice of not renewing within any specified period of time prior to expiry of your current Agreement/Contract."
.... which makes it abundantly clear that any attempt by the EA to arbitrarily impose an administration charge for not giving 5-weeks notice confirming the intention to fully meet the terms of the contract by vacating the mooring when that contract expired on 31st March has no reasonable basis and can only be seen as an attempt to exploit customers. No, your are conflating 2 things. The bit you quote in italics says that notice doesn't have to be given. That is not in question. It doesn't say there is or isn't an exit fee if notice isn't given. And my earlier comment stands. If it were so clear cut, why can't the contract be posted? With respect, I suggest that it is you who is confused. If the contract does not require any period of notice or further confirmation to end it on the date already specified within the contract, then how can that same contract include a penalty for failure to give such notice?
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Post by Telemachus on Mar 7, 2017 14:40:01 GMT
No, your are conflating 2 things. The bit you quote in italics says that notice doesn't have to be given. That is not in question. It doesn't say there is or isn't an exit fee if notice isn't given. And my earlier comment stands. If it were so clear cut, why can't the contract be posted? With respect, I suggest that it is you who is confused. If the contract does not require any period of notice or further confirmation to end it on the date already specified within the contract, then how can that same contract include a penalty for failure to give such notice? I'm speculating, of course, but for example the contract could call either for zero notice and an exit fee of £50, or a month's notice and no exit fee. The exit fee and the notice are thus both optional - but one or the other has to be applied, a choice. The period of notice is not required - there is an alternative. This fits all the statments from Tony. Of course it may say nothing of the sort, we don't know.
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Post by Deleted on Mar 7, 2017 14:48:32 GMT
So the £50 fee would in effect be a contribution towards potential lost earnings because without the notice the marina would have less time to advertise and fill the vacancy. That would make sense.
Compared to some of the tricks/scams estate agents are known for this is lightweight !
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Post by Deleted on Mar 7, 2017 14:50:13 GMT
Assuming EA in the title stands for Enviroment Agency and not Estate Agent !
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Post by thebfg on Mar 7, 2017 15:26:59 GMT
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 Added now because weve worked out there is no £50 charge. The landowner such as a supermarket very rarely take their customers to court, hat would be stupid. However it's the private parking companies that do, mostly that's the reason that they lose. Some of them never touch court. Railway and airports come to mind. Parking eye start between 500 and a 1000 court cases A WEEK against motorists. Doesn't need to be a pay and display either. I got one parked outside my flat. However I won because they did not have a sufficient contract with the landowner but more importantly my lease said I could park there without any mention of a permit. My lease trumped any secondary conditions imposed by a third party. It does not stop them trying it on though
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Post by naughtyfox on Mar 7, 2017 15:46:43 GMT
Slightly weaselly-worded if I may say so, in that you say "anything in it that they could hold you to". Which isn't quite the same as saying there is no clause relating to a need to give notice to quit/fee for not doing so. That you don't want to show us the contract makes me suspicious! But if all is as you imply then I agree with you. If there is nothing about it in the contract, the letter can't suddenly impose a £50 charge. .... which makes it abundantly clear that any attempt by the EA to arbitrarily impose an administration charge for not giving 5-weeks notice confirming the intention to fully meet the terms of the contract by vacating the mooring when that contract expired on 31st March has no reasonable basis and can only be seen as an attempt to exploit customers. www.northamptonmarina.co.uk/Feel free to contact them and ask about this mysterious £50 "administration fee". If a con, then they should be named & shamed! If not, then we will know what it is for, won't we? And - if a con, then write to the local Northamptonshire newspaper to have it exposed!
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