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

[Guest]

"The moorings are also fully serviced with electricity, water, wired internet and digital ready TV aerial sockets for every boat."

 

Even the Royal Bank of Scotland, by use of the present tense in this June press release, gives credence to the lie that the marina has fully functioning moorings. Nice to see the £20billion taxpayer bailout they received has been put to good use!

 

Whilst they of course they should check such stuff before it goes out maybe this is their actual understanding of how far the work they presumably have loaned the funds for has progressed???

[DaveG]

Whilst they of course they should check such stuff before it goes out maybe this is their actual understanding of how far the work they presumably have loaned the funds for has progressed???

 

One would like to think so. However, as there is a photo of the smiling proprietors and an RBS "Senior Relationship Manager" named (somewhat ironically) Adam Smith taken in front of the (at that time unfilled except for rainwater) empty marina it strikes me that the actual author of the article has done some rather lazy "cut and paste" job from the marina website which has then not been subject to any editorial review rather than actually check the facts.

[Guest]

One would like to think so. However, as there is a photo of the smiling proprietors and an RBS "Senior Relationship Manager" named (somewhat ironically) Adam Smith taken in front of the (at that time unfilled except for rainwater) empty marina it strikes me that the actual author of the article has done some rather lazy "cut and paste" job from the marina website which has then not been subject to any editorial review rather than actually check the facts.

 

If I was RBS then I'd be asking some serious questions about what the dosh has been spent on....

[Bob18]

From what I've read its a despicable state to get customers into, with blatant lies about the facilities available "today" etc.

So get the local Trading Standards people involved, if you can't find the correct one, go into your local one, explain the situation and they WILL contact the correct one, and give you the case officer's details.

[DaveG]

I know a number of people (myself included) have notified Trading Standards and also the Advertising Standards Authority but both are already quite overstretched and their actions do not get much publicity. In the meantime I feel it's important that this is out in the public domain so more people don't get suckered into parting with their cash. I guess the irony is that we were prepared to put up with the mess and dishonesty if the proprietors had been willing to put their hands up and say "mea culpa" and reduce the fees to an appropriate level (I suggested just under half the published price considering I was on a shared mooring with no facilities other than somewhat wobbly part-time electric) until the marina really was ready. Instead they seem hell bent on perpetuating the myth that they are fully up and running whilst, in the meantime, booting out anyone - I am not alone, it seems - who dares to complain.

[Midnight Rider]

Perhaps a copy of the complaint to Trading Standards should be sent to the named managers at RBS so that they are made aware of the situation.

 

It would also be interesting to know if BW are taking action re the watering of the marina in June when the levels were already low.

[Laurie Booth]

Sounds like a marina to avoid, like one I know on the K&A.

[David Mack]

I know a number of people (myself included) have notified Trading Standards and also the Advertising Standards Authority but both are already quite overstretched and their actions do not get much publicity. In the meantime I feel it's important that this is out in the public domain so more people don't get suckered into parting with their cash. I guess the irony is that we were prepared to put up with the mess and dishonesty if the proprietors had been willing to put their hands up and say "mea culpa" and reduce the fees to an appropriate level (I suggested just under half the published price considering I was on a shared mooring with no facilities other than somewhat wobbly part-time electric) until the marina really was ready. Instead they seem hell bent on perpetuating the myth that they are fully up and running whilst, in the meantime, booting out anyone - I am not alone, it seems - who dares to complain.

 

How about putting the matter into the hands of the lawyers who assisted the owners of nb Waiouru. Clicky

Edited September 28, 2011 by David Mack

[WotEver]

How about putting the matter into the hands of the lawyers who assisted the owners of nb Waiouru. Clicky

What, and pay out 80 grand?

[The Pipe]

Is it something about the Oxford canal it seems to be littered with the shady types ripping people off.

[Starcoaster]

Bad bad nasty peoples! How about asking Towpath Talk to do an article on it?

[CV32]

Went past a week back and was surprised to see no pontoons (only their support structures sticking out of the water) and all the boats either moored up round the edge or in groups all breasted together. Not very encouraging for potential customers, have to say i feel sorry for those that have already coughed up deposits / advance fees.

[DaveG]

Further to my ramblings yesterday, I've received a reply from the Royal Bank Of Scotland which contains the following:

 

"I respect of your comments relating to the press release, I can assure you that this was based on information directly provided and indeed as you have noted, featured on the web site. I apologise if you feel the bank has in someway misinformed the general public, as this was certainly not our intension. Please accept my apology for any misinformation you believe was included in my press release, which I can assure you was written based information provided to us at the time"

 

Spelling errors are theirs, not mine, but it least it seems that bigger fish than I also fell for it and they have taken the issue on board...so to speak.

[john6767]

Went past a week back and was surprised to see no pontoons (only their support structures sticking out of the water) and all the boats either moored up round the edge or in groups all breasted together. Not very encouraging for potential customers, have to say i feel sorry for those that have already coughed up deposits / advance fees.

 

Same here, we went past weekend before last, and I was surprised that there were no pontoons. It looked a real mess, with loads of boats all breasted up around the bank, and what looks like nothing but mud everywhere. The facilities building seemed to consist of a "B&Q" type garden marque.

 

 

 

[BEngo]

How about putting the matter into the hands of the lawyers who assisted the owners of nb Waiouru. Clicky

 

 

Don't pi55 around with lawyers. Put in a Small Claim (through the small claims court) for the difference between the Barby full rate and a sensible unserviced mooring rate- the cost of the nearest unserviced BW mooring would be a good starting price. Be prepared to justify your cost estimate- like allowances for car parking, an extra reduction for being breasted up (which BW would not make you do) etc.

 

 

You seem to have a good case, from the evidence on here of over-representation of the facilities available and the small claims court is really cheap. CAB should also be a help here.

 

N

[john6767]

Whilst they do seem OTT in their claims for the current state of the marina, I would have thought that the mooring terms (to which you agreed) would have clauses that state that there is no guarantee that any of the services are available at a point in time, and that you are not due any compensation in that case. They would be crazy it that were not the case. Perhaps that is challengeable given they have never been available.

 

For what it is worth, in my opinion with the approach that they seem to be taking I would assume that they are loosing a lot of good will, and if it were me running it and I needed the income to finish the works, I think I would be offering a discount on next years mooring. That way you get the income you need (or already have) now, and hook people in for next year when presumable you will still have spare capacity. In the meantime there is never an excuse for not being helpful and sympathetic.

[Guest]

Whilst they do seem OTT in their claims for the current state of the marina, I would have thought that the mooring terms (to which you agreed) would have clauses that state that there is no guarantee that any of the services are available at a point in time, and that you are not due any compensation in that case. They would be crazy it that were not the case. Perhaps that is challengeable given they have never been available.

 

For what it is worth, in my opinion with the approach that they seem to be taking I would assume that they are loosing a lot of good will, and if it were me running it and I needed the income to finish the works, I think I would be offering a discount on next years mooring. That way you get the income you need (or already have) now, and hook people in for next year when presumable you will still have spare capacity. In the meantime there is never an excuse for not being helpful and sympathetic.

 

But do no not earlier posts indicate a lot of dosh has been forthcoming (from RBS) - time for somebody else to take over surely...?

[Ray T]

We pass this marina quite often and it was originally scheduled to open Autumn 2010 according to their banner at the side of the cut. It actually opened some 9 months behind schedule. New banner appeared in May grandly advertising the opening in July, no mention of the delay.

 

I know of 4 people from the marina where we berth CF, who went to look at Barby and decided to stay put.

 

I feel sorry for the folks who have moorings on the Barby Straight. What pressure will now be put on them to move into the new marina?

Edited September 29, 2011 by Ray T

[DaveG]

At the time we made the reservation the mooring terms were non-existent. We were simply "sold" a pontoon and accompanying facilities which was supposed to be available from last January. The "regulations" have only appeared recently but, even so, there is no mention in them of guarantees of facilities or not. My solicitor advises me that the statements contained in their website form part of a contract to supply once they have accepted your deposit. Exclusions may be put in to cover short term breaks in service due to unforeseen circumstances, but this does not apply if they are claiming facilities exist which have never been built in the first place. There is a big difference between OTT, which is exaggeration, and barefaced lies. The numbered pontoon we reserved and paid a deposit for does not exist one year later, in fact there is not one single pontoon in the whole marina. I am disabled and we emphasized at the time of booking that a pontoon is essential and for £2,600 per year it is not unreasonable to expect something more than to be breasted up outside another boat - it wasn't so bad when we were on the inside but for some reason the owner took it upon himself to move us without bothering to ask. The ASA and OFT are both in agreement with me, they are advertising and taking money for facilities which they know full well are non-existent despite the statements and pictures on their website. Unfortunately it is also causing a lot of stress as I now need to find another mooring but am due to go into hospital so I will probably have to cancel that and get to the back of an ever lengthening queue. If they had been honest and reasonable with us all along we would have been more likely to be understanding, it is the simple dishonesty which has left us feeling the way we do.

[john6767]

At the time we made the reservation the mooring terms were non-existent. We were simply "sold" a pontoon and accompanying facilities which was supposed to be available from last January. The "regulations" have only appeared recently but, even so, there is no mention in them of guarantees of facilities or not. My solicitor advises me that the statements contained in their website form part of a contract to supply once they have accepted your deposit. Exclusions may be put in to cover short term breaks in service due to unforeseen circumstances, but this does not apply if they are claiming facilities exist which have never been built in the first place. There is a big difference between OTT, which is exaggeration, and barefaced lies. The numbered pontoon we reserved and paid a deposit for does not exist one year later, in fact there is not one single pontoon in the whole marina. I am disabled and we emphasized at the time of booking that a pontoon is essential and for £2,600 per year it is not unreasonable to expect something more than to be breasted up outside another boat - it wasn't so bad when we were on the inside but for some reason the owner took it upon himself to move us without bothering to ask. The ASA and OFT are both in agreement with me, they are advertising and taking money for facilities which they know full well are non-existent despite the statements and pictures on their website. Unfortunately it is also causing a lot of stress as I now need to find another mooring but am due to go into hospital so I will probably have to cancel that and get to the back of an ever lengthening queue. If they had been honest and reasonable with us all along we would have been more likely to be understanding, it is the simple dishonesty which has left us feeling the way we do.

 

I was not meaning to belittle the issues. There is no excuse for them not being straight with the people who put their faith in them. I hope you manage to work out a solution.

 

 

 

[Guest]

I was not meaning to belittle the issues. There is no excuse for them not being straight with the people who put their faith in them. I hope you manage to work out a solution.

 

I hope they manage to sue their arses off...

[tillergirl]

how about a quick email to the planning department at their local council?? Think they might be interested to know that they are taking money off people when there are no services in place? Especially if you had a contract with them.

[petalponk]

If there's a lot of these disgruntled moorers why not get in touch with watchdog http://www.bbc.co.uk/watchdog/ It can't do any harm!

[14skipper]

Would have thought owners might have come on by now to defend their position.Unless they don,t have any reasonable excuse for whats happened.

14Skipper

[bigcol]

Cut and paste watch dog, they will love a story like this, and can read the posts, which shows a total disregard for trading laws

 

Col