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

[grey tug]

 

My blog has now been edited to remove any factual inaccuracies (strikethrough so you can see what was written) you will note that it always has referred to plans for more facilities and was never intended as any kind of testimonial, how could it be?

 

It would have been helpful if all the people who contacted me via my blog identified themselves and their connection with the problems as it is sometimes difficult to sort out people who know the facts from those passing unsubstantiated comments.

 

As soon as I receive a response from Mr McMasters I will update it further and I am not going to respond to DaveG's comments as he is clearly very angry at the moment.

 

Thank you for updating your blog. I do hope that this whole messy business will somehow get sorted out, but I have to admit, I don't know how it will, not in the short term anyway!

Edited October 19, 2011 by grey tug

[Ray T]

This is now being liberally bandied about by McMaster to hide the fact they cannot get connected to the National Grid. However, I have received the following from Catherine Camp, the clerk to the council:

 

There is no planning permission to construct a wind and solar electricity generating plant. This would require planning consent, and I have spoken to Daventry District Planning Department who say that there has been no pre-planning discussions about it either.

 

The Marina was granted planning permission on Appeal (ref APP/Y2810/A/09/2100581) on 11th September 2009. The application was for an 108 berth non-residential marina and no one can live on a boat at the marina for more than 72 hrs in any one week. I attach the appeal document for your information see point 14.

 

Happy Days

 

I've been following this thread with interest as we (HQ) and myself briefly considered a move to this marina, for a change of site. Glad we didn't.

 

I'm confused, after going past Barby on many occasions I got the impression the boats moving in were residential ones, (I am probably wrong though), yet as above this marina has clearly not been granted residential planning permission.

[Theo]

If what I read in Towpath Talk is true, about there being excess marina capacity nationally of some 3000 berths, I would have thought that incomplete marinas are likely to remain that way.

 

Nick

Edited October 19, 2011 by Theo
To try to make sense!

[Allan(nb Albert)]

If what I read in Towpath Talk is true, about there being excess marina capacity nationally of some 3000 berths, I would have thought that incomplete marinas are likely to remain that way.

 

Nick

 

Last year occupancy at BWML marinas fell from 81% to 75%. In other words BWML now have one in four berths empty.

 

The problem is that BW has encouraged new marina development using out of date demand figures.

[Slim]

Since posting my comments a few days ago I've kept my head down (apart form responding to several personal messages) whilst I considered my options.

 

Firstly I contacted the Trading Standards people who gave me some very clear and helpful advice. At this stage sufficient to say that I will be writing to Mr Master in the near future (Don't tell them your name Pike!!)

 

Secondly I've found a new mooring. Initially I spoke to someone at Brinklow Marina. I don't know who it was but he was very sympathetic and helpful. He assured me that If I wanted a mooring there (55ft) he would find me something. It might be against sheet piling but it would be safe and secure and serviced with electricity. I also got the distinct impression he would extend such help to anyone else in a similar position. It's worth a try. As it happens I won't be taking him up on his offer. The mooring I've found ( I first saw it in the summer) is in a small arm off the South Oxford near Cropredy. Fairly basic, just electricity and water, but the surroundings are idyllic.Time will tell but at least I'm 'buying' what I see.

 

Thirdly I'VE ESCAPED!. After some logistics with my car which I didn't want to leave at Barby a friend (a school friend of 60 years standing) dropped me off there. Just as well he did because it took the two of us to get the gangplank, a length of pontoon decking, from the shore onto the cockpit gunwale. Seemingly a similar set up on several other boats wound up in the water in the recent high winds and either mine did also or someone was concerned that it might.

 

When I got there there was no sign of Mr McMaster so I couldn't tell him I was going.Nor could I return his gate key. Mr McMaster, I will return it when I write. (I'm sure you will read this post!) I had interesting conversations with a couple of moorers but in the interests of confidentiality I won't say more. After much huffing and puffing with the pole I managed to get the boat off the mud and departed. On the way out I'm sure I saw Mr McMaster on the other side of the pit (can't call it a marina) but he seemed to ignore me.

 

I'm typing this sitting in The Boathouse in Braunston. I can't tell you the relief I feel. I spent 42 years working in an environment where conflict was an everyday event (not the police,prison service or amed forces) and I don't want anymore. Nor do I want to be taken as an idiot. Had Tony been upfront and honest I might still be at Barby Moorings.

 

As I said previously I WILL be taking the matter further so watch this space.

 

The friend mentioned reminded me that we have a mutual school friend yes school friend who is a QC. Are the laws of England and Australia that different? Hell of a long way to go for a consultation. Sorry, I think the Hobgobin is taking effect

[Slocomo]

Thinking back, I should have smelt a rat when I was told that the "pontoons will be arriving in July / August / September" and that they will be "floated into place on three plastic barrels which will then be filled with water so that the pontoons sink slowly into place on the steel / pads already in place...". Only a lunatic would add the pontoons AFTER the marina was full of water. I should probably have realised that the money had already run out by then.

 

Of the few people who have actually got money back, has anyone got their non-refundable deposit back? I can't see that there is any chance of this, and so expending effort or solicitors fees would seem to be just be pouring good money after bad.

 

For those actually wanting to moor at this location, the best hope now is that, following inevitable bankruptcy, someone takes it over and finishes the job properly.

[CV32]

Sadly it seems there are many on here prepared to admit they have paid deposits ( or more) to barby for non existent moorings/services. Would a joint action between the victims not be a good idea? Obviously seperate complaints to the ASA etc but if solicitors are involved it could prove to be cheaper and people often find comfort in a group rather than feeling isolated as individuals. Just a thought.

[Top cat]

 

Secondly I've found a new mooring. Initially I spoke to someone at Brinklow Marina. I don't know who it was but he was very sympathetic and helpful. He assured me that If I wanted a mooring there (55ft) he would find me something. It might be against sheet piling but it would be safe and secure and serviced with electricity. I also got the distinct impression he would extend such help to anyone else in a similar position. It's worth a try.

 

 

Yes the guys at Brinklow are a very helpful bunch.

 

TC

[i love my narrowboat]

This is an open letter to Tony McMaster of Barby Marina/pit. I have been reliably informed that you have been monitoring this forum anonymously. This Friday gone you spoke with an acquaintance of mine, citing the things I had put on this forum as the reason for your refusal to give her, her deposit back. Having a week earlier promised to return it to her.

I refuse to allow you to use me as your scapegoat, her deposit is nothing to do with me whatsoever and I would like to make the following comments to you. The fact that you have stooped so low as to use me as an excuse, not to give someone their deposit back astounds me.

If anything I have written is untrue or factually incorrect, I respectfully suggest that your solicitor makes contact at the address you have for me, and I will gladly stand up in court to defend myself with my photographs, and testimonies of many other disgruntled customers of yours, along with the letter from my bank informing me of the cheque you wrote out that was not honoured (bounced), first time round.

Furthermore having been away from your site for 7 weeks, I understand there has been no progress, as there is only a certain amount of work your entire workforce of one female can do.

This is a far cry from the utopia portrayed in your current batch of advertisements running in the various canal publications! And of your colourful description and promises of how wonderful a marina you will have ‘shortly’.

It is now 2040 (0840pm) I will stop writing this now Tony so that you can wander up along the unlit, unmade, unsecure road and turn off the generator, thus plunging the few boats left moored there, into darkness/back to battery backup.

I resent being used as an excuse for your inability to refund anyone their deposit.

People would have far more respect for you, if, instead of sitting there reading the posts anonymously , you signed in and contributed some honest comments as to what is happening with their deposits, that you are holding against services/moorings you have failed to supply.

[bargemast]

This is an open letter to Tony McMaster of Barby Marina/pit. I have been reliably informed that you have been monitoring this forum anonymously. This Friday gone you spoke with an acquaintance of mine, citing the things I had put on this forum as the reason for your refusal to give her, her deposit back. Having a week earlier promised to return it to her.

I refuse to allow you to use me as your scapegoat, her deposit is nothing to do with me whatsoever and I would like to make the following comments to you. The fact that you have stooped so low as to use me as an excuse, not to give someone their deposit back astounds me.

If anything I have written is untrue or factually incorrect, I respectfully suggest that your solicitor makes contact at the address you have for me, and I will gladly stand up in court to defend myself with my photographs, and testimonies of many other disgruntled customers of yours, along with the letter from my bank informing me of the cheque you wrote out that was not honoured (bounced), first time round.

Furthermore having been away from your site for 7 weeks, I understand there has been no progress, as there is only a certain amount of work your entire workforce of one female can do.

This is a far cry from the utopia portrayed in your current batch of advertisements running in the various canal publications! And of your colourful description and promises of how wonderful a marina you will have ‘shortly’.

It is now 2040 (0840pm) I will stop writing this now Tony so that you can wander up along the unlit, unmade, unsecure road and turn off the generator, thus plunging the few boats left moored there, into darkness/back to battery backup.

I resent being used as an excuse for your inability to refund anyone their deposit.

People would have far more respect for you, if, instead of sitting there reading the posts anonymously , you signed in and contributed some honest comments as to what is happening with their deposits, that you are holding against services/moorings you have failed to supply.

 

 

That is a very clear open letter, I agree for 100 % with everything you wrote, and am following this thread to see if Tony has the ba..s to give a straight answer, or even just an answer.

 

Peter.

[sebrof]

I shouldn't waste energy on open letters, or any other kind.

 

Anybody who has paid money to Barby Marina should be putting in a claim to the small claims court demanding it all back - and that includes the "non-returnable deposit" because it was obtained under false pretences. Alternatively, if the promises which led to the payment of the deposit were made in good faith a year ago, then the deposit is refundable because Barby have failed to deliver.

[Athy]

Slim, congratulations on the great escape; it's just a pity that circumstances made it necessary. On ething intrigues me: we moor just north of Cropredy, at Clattercote Wharf, and I can't think of a "small arm" in the area except the inlet where Steve Hayward moors his boat next to a sunken old working boat. Where is this arm? The only one I can think of is just north of Sovereign Wharf in Banbury

Edited October 23, 2011 by Athy

[bigcol]

So has anybody taken a small claim out on this man yet.

 

After running a small business sometime ago, having to deal with late layers not sticking to terms

 

I found it so easy to make a small county court claim

 

1). The whole process can be done on line by your self

2) the court receives your claim, and then sends out the claim details to bar by moorings which he has just a number of days to pay up or defend

3) if nothing is heard then the court will notify you,they will then send the claim either by reg post or send a sever/ballife to the address to serve.

4) if he does not comply then a judgement is made against him

5) you then apply (all on the same online claim for enforcement) they send in balifts in to seize goods to the value of total Inc their fees

 

Ps always cover the fact that you must make sure you get his company name right, or a personal claim to him or and his wife

(I duplicate the claim to cover companies,or and private individuals)

 

It was amazing how company directors driving around in big flash cars, big houses,big boats, money stuffed in their matresses, yet their company showed bugger all!!

But when a county court claim lands on their private door step,as well as their company address bills always got paid!!!

 

No one likes a county county court judgement

 

 

The only thing I think I would do is as it does not cost a lot of money to do this online,knowing all costs have to be met by the other party anyway,

is triple the action to cover him,her and company??

 

Good luck to you all, and Dan who left this Marina 2 weeks ago after paying a deposit to Barby Marina and was on his way just 2 weeks ago,

 

Col

Edited October 23, 2011 by bigcol

[bigcol]

If every one effected done the above in the next 5 days,

 

BarBy moorings will either pay up all,

no assets, then barby will Be forced to close. ( ok might start another company) but if judgements are made they can't be directors, nor will they get finance with ccjs

If claims are made personal to Mr and Mrs then you might end up with their 50 inch LCD TV!!

 

What else have the couple got worth taking, a boat? A Caravan, or a lap top, Russell Hobbs toaster in yellow perhaps

 

 

Be the first in the Q!! At least you will get some enjoyment knowing you can follow your claim and imagine his wifes face when she gets some thick brown envelopes on their door step.

 

That DFS suite she was going to buy on interest free credit wouldn't happen

 

Their both sticking their fingers up at our community and will hide behind their ltd co, Fight back!!!

 

Don't bother writing letters, put the same energy into filling out form on line with a cup of tea knowing that your going to get your money pluss costs, or mess their lives up like their messing yours

 

Good luck

[Humphrey]

Thank God my friends are out of Barby after three months living nightmare, bearing in mind they are both in their 60's. They have been looking for a suitable marina and due to the accusations on this forum regarding Barby, they approached the post office regarding some of their mail being redirected. After walking their dog on Saturday he (Tony) requested they both join him in his office with his son lurking in the background (for obvious reasons), and basically accused my friend of spreading malicious gossip round the marina, which of course is a load of !!!! Yes he does speak to everyone he meets about things in general. As for malicious gossip it seems he has created that himself! He asked my friends if they planned on staying after the end of the month when their fees paid would be up and after that meeting they said they would be moving on at the end of the month and they answered yes. With that he produced a letter from the post office regarding my friends personal redirected mail (and only theirs) and stated he would have the redirection stopped - which obviously they told him would be illegal to do so. With that he told them to pack up their belongings and get out, which they did with a sigh of relief. How low can someone get? My friend's wife says it is the first time in her life she has been 'thrown out' of anywhere!!!

Edited October 23, 2011 by Humphrey

[Nightwatch]

This family need to be exposed on a wider scale in my opinion. What they are currently getting away with is just not on.

 

 

National Press, TV, Watchdog who knows.

 

Martyn

 

eta. The Police?

Edited October 23, 2011 by Nightwatch

[Slim]

This is beginning to look like the storyline from Eastenders.

 

Sorry to read the comments from Humphrey. I know (met several times) the couple to to whom he refers and they are a nice, ordinary couple who were worried stiff about their short term future. In particular I recall the comments from the lady who said they had chosen Barby Moorings so that their grandchildren would be able to visit them.

 

If McMaster had any integrity he would either come out into the open or at least say he was advised not to do so by his lawyers.

 

Why do magazines/newspapers continue to publish their adverts? They must know what's going on. I can only assume that legally they must do so until told by officialdom otherwise.

 

To answer Athy's question (sorry don't know how to do all the clever things like pull up previous quotes) .My idea of small is very small. In this instance about 80 ' Yes, the spot is in an inlet alongside a sunken old working boat. Don't know who was there before but it's been vacant for about 3 months. I might find out more later in the week. At the moment I'm at Fenny Compton waiting to get a pumpout,diesel, gas and coal (winters coming) FC marina is closed today and tomorrow. Don't want to count my chickens but things are looking good. No reflection on where I'm going but after Barby Moorings ANYTHING would look good!!!

[ditchcrawler]

Slim, congratulations on the great escape; it's just a pity that circumstances made it necessary. On ething intrigues me: we moor just north of Cropredy, at Clattercote Wharf, and I can't think of a "small arm" in the area except the inlet where Steve Hayward moors his boat next to a sunken old working boat. Where is this arm? The only one I can think of is just north of Sovereign Wharf in Banbury

That was my thoughts, maybe the chap has sold the sunken hull and he is mooring next to Steve.

[Graham Davis]

If the owner of this marina(??) is tampering or witholding mail, then he is committing an Offence under one of the Mail Acts (can't remember which) so perhaps he needs reporting to them as well.

[i love my narrowboat]

I am so glad we got out of BArby Marina and even though it was only 3 days, we have to say it was the most awful experience. I feel sorry for all those boaters who are still there and wish them all the luck..

[Athy]

Gotcha, Slim. I guess Steve's boat 'Justice' must have moved on, as the working boat (which was mentioned in another recent thread) does not look as if it's going anywhere soon - it has apparently been sunk for ten years. Enjoy your rather select new mooring!

[mayalld]

If the owner of this marina(??) is tampering or witholding mail, then he is committing an Offence under one of the Mail Acts (can't remember which) so perhaps he needs reporting to them as well.

 

 

s84 Postal Services Act 2000

 

carries up to 6 months in jail.

[Graham Davis]

Thanks Dave, knew someone would find it!

[Humphrey]

This has all gone very quiet. Has anyone got any updates?

[Nightwatch]

Possibly been advised to keep quiet on an open forum, just in case it gets messy in court.

 

I don't mean the footy player either.

 

Martyn

Edited October 29, 2011 by Nightwatch