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

[churchward]

Unchanged advert in Dec 2011 WW but no ads in Nov 2011 Towpath Telegraph or Dec 2011 Canal Boat.

If the ASA order was 26/10 as mentioned above then it is possible that it was too late to change the printing of the magazine by then.

[Boondock]

Another boater passing with their dogs today said Barby Marina has gone bankrupt..can anyone confirm???

 

Not according to Companies House yet. Still showing as active. More likely to be some bloke anticipating the innevitable

Edited November 10, 2011 by Boondock

[bargemast]

Another boater passing with their dogs today said Barby Marina has gone bankrupt..can anyone confirm???

 

 

I can't confirm, but if it works out to be true it's no surprise is it ?

 

Peter.

[sebrof]

Not according to Companies House yet. Still showing as active. More likely to be some bloke anticipating the innevitable

 

Depending on exactly what has happened, Companies House might be the last to know.

[Bob18]

If the "rumour" of the bankruptcy of Barby Moorings is true, then where does it leave those whose boats are moored there?

In particular are they are risk from being "impounded" by the receiver, or are they immune from such action?

[Guest]

If the "rumour" of the bankruptcy of Barby Moorings is true, then where does it leave those whose boats are moored there?

In particular are they are risk from being "impounded" by the receiver, or are they immune from such action?

 

Don't know the answer -

 

Tigger will know though.

 

But if your car is in for service at a car service dealership which goes bankrupt what happens then???

 

You may need to be able to demonstrate or actually prove ownership...

[i love my narrowboat]

Depending on exactly what has happened, Companies House might be the last to know.

 

 

I must admit I had a look on Companies house but it does take at least a month from declaring bankruptcy to being put on

 

If the "rumour" of the bankruptcy of Barby Moorings is true, then where does it leave those whose boats are moored there?

In particular are they are risk from being "impounded" by the receiver, or are they immune from such action?

 

 

It would not affect the boaters, it is the marina itself and the tired old worker (JCB that is not the wife

[sebrof]

If the "rumour" of the bankruptcy of Barby Moorings is true, then where does it leave those whose boats are moored there?

In particular are they are risk from being "impounded" by the receiver, or are they immune from such action?

 

They are not at risk.

 

The only time a boat owner is at risk when somebody goes bust is if he is the owner of a part-finished new boat. Unless it has formally changed hands, it will be regarded as work in progress belonging to the boatyard.

 

There are ways round this, and anybody having a boat built in these troubled times should consult a solicitor before signing a contract.

[Bob18]

In the event of the rumour being true that is a relief for those moored at Braby.

[bigcol]

In the event of the rumour being true that is a relief for those moored at Braby.

 

Hi I'm not sure it be a relief or not

 

What will they do, or where will they go, will they be able to stay, and theirs monies paid are gone, lost!!.

 

If it gets taken over, old mooring contracts may not be honored

 

Col

[Bob18]

I should have enclosed relief in quote marks. You are quite right, it closes one set of problems, but brings on a whole pile more.

[WotEver]

Let's hope that (if the rumour is true) the receiver and subsequent purchaser act honourably, and not only honour existing agreements (it's not like it will actually cost them anything to permit existing moorers to remain) and then start ploughing some money into it.

 

Tony

[DaveG]

I don't know if Barby have gone into liquidation or not. However, if this rumour is true then I would guess the first thing to be switched off would be the water and electricity to the boats still there which would make their continued occupation of the site very difficult.

 

It also depends on whether the liquidator tries to keep the site running as a "going concern" or simply shuts it down and puts it on the market at its land value to try and recoup the debts which, I suspect, are largely owed to RBS. The liquidator only has a responsibility to the creditors, not to the moorers. I understand that all agreements between Barby and it's "customers" instantly become void - the administrators could, I believe, start re-invoicing boaters from day one of the liquidation meaning people who have already paid in advance finding they are having to pay again if they wish to stay. The "blind-eye" to residential boats may no longer be quite so "blind" either. I would suggest that anyone who still has a boat in there, especially liveaboards, at a minimum takes advice from the CAB to ascertain exactly where they stand if the company has indeed gone bust or bankruptcy is imminent. Forewarned is forearmed. They cannot take your boat unless you owe Barby money, and that would have to be done through a separate court action, but security of tenure is a different question altogether.

[muddywaters]

Should I bill him for my expertise?

~ Starcoaster, as seen on Narrowboat world.

I would try not to let that get out, you will lose all credibility

[i love my narrowboat]

Does anyone know how many boats are actually left at Barby Marina? be interesting to know,

[sebrof]

Hi I'm not sure it be a relief or not

 

What will they do, or where will they go, will they be able to stay, and theirs monies paid are gone, lost!!.

 

If it gets taken over, old mooring contracts may not be honored

 

Col

 

The question was would boats be impounded. The answer is no. That is a big relief but it doesn't mean there are no other problems.

[DaveG]

I have received a recorded delivery letter from Barby Moorings this morning - having sent me notice to quit the marina on 27th September, it would seem they are now going to take me to court for non-payment of mooring fees of £354 for 9 weeks following the date I removed my boat "in lieu of notice". As soon as I have the date and location of the hearing I will publish it here and anyone who wishes to come and watch me being taken away in chains and cast into a debtors prison is more than welcome.

[Laurie Booth]

I have received a recorded delivery letter from Barby Moorings this morning - having sent me notice to quit the marina on 27th September, it would seem they are now going to take me to court for non-payment of mooring fees of £354 for 9 weeks following the date I removed my boat "in lieu of notice". As soon as I have the date and location of the hearing I will publish it here and anyone who wishes to come and watch me being taken away in chains and cast into a debtors prison is more than welcome.

Good luck, I lost my battle with a marina I was with.

[WotEver]

I have received a recorded delivery letter from Barby Moorings this morning - having sent me notice to quit the marina on 27th September, it would seem they are now going to take me to court for non-payment of mooring fees of £354 for 9 weeks following the date I removed my boat "in lieu of notice". As soon as I have the date and location of the hearing I will publish it here and anyone who wishes to come and watch me being taken away in chains and cast into a debtors prison is more than welcome.

I'll save up all my rotten tomatoes and cabbages

 

If I recall correctly, at the bottom of the form should be a section for you to fill in if you wish to counter-claim. How much was the distress, worry and inconvenience worth to you?

[Bob18]

And weren't you the one that was "served notice"?

[Guest]

I have received a recorded delivery letter from Barby Moorings this morning - having sent me notice to quit the marina on 27th September, it would seem they are now going to take me to court for non-payment of mooring fees of £354 for 9 weeks following the date I removed my boat "in lieu of notice". As soon as I have the date and location of the hearing I will publish it here and anyone who wishes to come and watch me being taken away in chains and cast into a debtors prison is more than welcome.

 

 

Surely the court is just going to pee themselves laughing at this.

[Graham Davis]

If they have gone into liquidation or administration, then who has issued the threat of Court action?

[WotEver]

If they have gone into liquidation or administration, then who has issued the threat of Court action?

That would be the administrators, I guess.

 

Tony

[DaveG]

The letter came from directly from Barby - as far as I am aware they are still in business as Barby Moorings Ltd.

 

The rest is in the hands of my rather tenacious solicitor!

[Athy]

....unless a new company called something like Barby Moorings (2011) Ltd. has arisen from the ashes, or rather from the mud?