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


Annie Girl

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I appreciate the terms of the settlement are confidential but I note we are not told that she was actually paid out, only that a settlement was reached. A stark contrast with the crowing about how Barby caved in and paid out the other claim, Slim's I think.

 

MtB

 

Been interesting watching this all start up again but he 'caved in' with me too - crediting my bank account back less than an hour before my bank, First Direct, did a back charge (I think that is what it was called) on my behalf. I've never understood why more folk didn't get their cash back via their banks because all they require is a written statement saying that what they bought was not supplied. Then Barby would have had to go to court with a claim against *me* and prove that I had received, or could have received, what he had contracted to supply me in return for my money - which, of course, he couldn't do.

 

There were many other issues where he had no leg to stand on, such as being able to live aboard 24/7/52 (he claimed that all I would need to do was step ashore every three days - ludicrous, absolutely ludicrous; the man was an idiot as well as a conman - in my own experience and, I have heard, in others'; it has also been said, almost broke and living from 'newly sold (imaginary) pontoon mooring to mouth'!)

 

Coincidentally, at that time RBoS were using him as one of their big success stories - say no more, I rest my case!

 

Trevor S

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Been interesting watching this all start up again but he 'caved in' with me too - crediting my bank account back less than an hour before my bank, First Direct, did a back charge (I think that is what it was called) on my behalf. I've never understood why more folk didn't get their cash back via their banks because all they require is a written statement saying that what they bought was not supplied.

 

I'm intrigued. The only thing I know of like this is a 'charge back' available when you pay by credit card or certain types of VISA debit card. The transaction is simply reversed by the card company but this is not, as far as I know, available with ordinarty debit card, bank transfer or cheque payments.

 

Or are you saying your experience is otherwise? How did you pay? Debit card or VISA/credit card?

 

MtB

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Without being able to tell us the result of the mediation, the program just becomes pointless.

I'm inclined to agree. It didn't really say anything and Sue certainly didn't look full of the joys of spring.

Bricklayer who had never touched a brick? Fireman never seen a fire? Are we supposed to be impressed?

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Without being able to tell us the result of the mediation, the program just becomes pointless.

 

I agree totally.

 

I got very annoyed with myself for bothering to have watched it.

 

A total utter non-story, I felt.

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I agree totally.

 

I got very annoyed with myself for bothering to have watched it.

 

A total utter non-story, I felt.

 

Watching it using the link allows one to FF through the silly women and their modelling photo saga, thereby easing the pain of watching a little...

 

I have to say I don't have a whole pile of sympathy for Sue for failing to visit and check the place out before committing to the deal. I find it beyond belief that people do this!

 

MtB

Edited by Mike the Boilerman
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I'm intrigued. The only thing I know of like this is a 'charge back' available when you pay by credit card or certain types of VISA debit card. The transaction is simply reversed by the card company but this is not, as far as I know, available with ordinarty debit card, bank transfer or cheque payments.

 

Or are you saying your experience is otherwise? How did you pay? Debit card or VISA/credit card?

 

MtB

I'd be lying if I said I can remember right at the moment as all of my cards are 'Visa' now and the First Direct ones are almost indistinguishable from each other, IRC - as I am 'living on' I only keep a couple of quite low limit cards with me in case they 'disappear' and, as neither are the ones from the bank anyway I can't easily check .. well, not wiithout telling my wife to get out of bed, go down stairs and dig out the statements - and I'm really not that brave, or foolish, not even at this distance .. LOL!

 

I deal through the bank, by phone, on all of their cards but I have a vague memory of going through security only the once - which would seem to imply it was one of the debit cards.

 

With apologies, because I am not just pointing in your direction <g>, what a lot of folk do not know is that whilst a 'charge back' is a legal right with a credit card transaction (which I would have preferred to have had - but couldn't as my credit card had timed out and the replacement had still to reach me), with a debit card it is at providers discretion. (In reality all they do is put through a negative sum to the specified account in the same value as the original credit - with a reference link to the appropriate file and customer; the physical process of a charge back between a cc and a dc is more or less identical really - only the numbers are different.

 

Trevor S

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So I can pay to go to the cinema, pay by debit card and the next day ring up my bank and get a refund because I didn't like the film.

 

I don't think so.

 

Had you paid by credit card (not debit card, a different thing despite looking nearly the same) you would be able to ring up and get a refund if the cinema failed to show the film. But not if you didn't like it. This is because youyr contract is jointly between yourself and the card co and the cinema. If the cinema fail to honour the contract you can look to the card co for a refund. With a debit card there is no joint liability, it's just between you and the cinema, your bank has no legal liability. Except with VISA debit cards for some reason I don't yet understand.

 

MtB

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I don't think so.

 

Had you paid by credit card (not debit card, a different thing despite looking nearly the same) you would be able to ring up and get a refund if the cinema failed to show the film. But not if you didn't like it. This is because youyr contract is jointly between yourself and the card co and the cinema. If the cinema fail to honour the contract you can look to the card co for a refund. With a debit card there is no joint liability, it's just between you and the cinema, your bank has no legal liability. Except with VISA debit cards for some reason I don't yet understand.

 

MtB

Have a look here: http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback/

 

Chargeback applies to all uk debit cards, but there has to be breach of contract for the bank to agree to it.

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Have a look here: http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback/

 

Chargeback applies to all uk debit cards, but there has to be breach of contract for the bank to agree to it.

 

And, from your link, the supplier has to agree to give the refund!

 

"Chargeback doesn't mean there is joint liability on the card company. Claims must be addressed to the bank that provides your debit or credit card, which in turn will put in a request to the merchant's bank.

 

As a result, you could get your money back from the merchant's bank if the money is there to be recovered.

 

But, there are no guarantees your bank will be able to recover the money through chargeback, or that the trader will accept that you were justified in taking the money back."

 

MtB

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I have to say I don't have a whole pile of sympathy for Sue for failing to visit and check the place out before committing to the deal. I find it beyond belief that people do this!

 

MtB

Well, I'm one who hadn't visited and I was completely taken in by his lies on the phone when I was checking out places for a winter mooring.

 

Luckily (and only because my memory isn't what it used to be) for me I had already written down a list of my questions, and his answers to them, almost word for word, but I'd been ill and was desperate to find an affordable winter mooring as I'd missed my window to beat the closures on the Thames by just two days, the clincher was when he told me that Barbie was at over 85% full - and that if I left it much longer then, at the rate bookings were coming in, he might not be able to offer me anything!

 

He was / is(?) an excellent liar, and I give him full marks for that, because no matter how I asked a question he always had a ready answer. Some parts of that conversation *were* honest, he volunteered the fact that some of the buildings were not quite finished as we spoke - but the would definitely be up and running by Christmas, eight or nine weeks later. Electricity, fine, the power points were in (neglecting to mention that there was no wire between his 12 hours a day only generator and aid power outlets, fresh water taps were in - but without a pipe to the water main, and so it went on ....)

 

He even asked me to use the repair dock if I wanted to put some paint on the outside of the boai so I'd not disturb my neighbours in the small floating hamlets of eight or ten narrowboats - designed by him that way in order to build small communities who would take pride in their particular local areas, looking after it, picking up any litter blowing around, helping each other when somebody has a problem or falls ill ....

 

Well, we can all be wise after the event, can't we - it is just such a shame that retrospect only looks backwards, it would be so much better if it worked forwards, wouldn't it .... but when you are living it, under pressure to find a safe and secure mooring over the winter, 'cos that's what you promised your family you would do - and have the recommendation of a fellow singlehander to boot (however mistaken she might have subsequently discovered those words to be) as we chatted whilst we worked our way together down through the Napton locks.

 

I'd wager that poor woman's heart fell into her boots as she steered in through the entrance to Barby Marina :(

 

She told me that she had been there earlier in the summer, 'before the mud I'd guess, and she had chosen, booked (and presumably paid in advance for...) her berth at Barby; not only that but she had left her car there whilst she collected her boat and had a holiday - in fact she was *very* positive and the *only* reason why I'd been checking out McMaster's website.

 

By the way, if you were that lady then I've forgiven you completely :) I'll even buy you a coffee, LOL, as your own disappointment and dismay, when you arrived there the following morning must have beaten mine by at least a factor of ten ....

 

In the end, of course, the only thing at all professional were the information pages on McMasters' website, the publicity blurb from RBoS, and his adverts in the canal orientated press.

 

One day, when there is a new owner, one with his pockets stuffed full of used fivers, that marina will be good - but at the current rate of progress, and in McMasters' hands, I'll have turned my toes skywards long beforehand :(

 

Trevor S

  • Greenie 2
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Had you paid by credit card (not debit card, a different thing despite looking nearly the same) you would be able to ring up and get a refund if the cinema failed to show the film. But not if you didn't like it. This is because youyr contract is jointly between yourself and the card co and the cinema. If the cinema fail to honour the contract you can look to the card co for a refund. With a debit card there is no joint liability, it's just between you and the cinema, your bank has no legal liability. Except with VISA debit cards for some reason I don't yet understand.

 

 

 

Always use a Credit Card for anything over £100, you are protected by law if the "goods" don't turn up. Chargeback isn't protected by law.

 

Edit to add: Just seen the info is in the link that nicknorman posted as well.

Edited by Robbo
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Always use a Credit Card for anything over £100, you are protected by law if the "goods" don't turn up. Chargeback isn't protected by law.

 

Yes, you put it better than me.

 

I was trying to say this in the first place when Mr Norman piped up suggesting the contrary, which turns out to be wrong.

 

MtB

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Yes, you put it better than me.

 

I was trying to say this in the first place when Mr Norman piped up suggesting the contrary, which turns out to be wrong.

 

MtB

Ah, courtesy was always your strong point (NOT!). IIRC you were suggesting that only some types of debit card would do chargeback. I merely posted the link that says they all do, but as has been said it's no guarantee of getting your money back. Nothing I "piped up" with has turned out to be wrong. Using a credit card for larger transactions is of course the sensible thing to do. Maybe it is you who should pipe down, or perhaps find somewhere warm, moist and dark to store your pipe?

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I know we don't normally mention the dark side if we can avoid it - but they have made a reference to this thread on their report about the program shown this week - is this a thawing of relations?

 

 

Probably not but it would appear to acknowledge that an appeal on here would reach a larger audience than one on there.

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I think that the lady had a valid complaint given the isolation of her mooring berth.

 

2lwm79g.jpg

The perfect video for the discerning mobile broadband :-)

 

Doorman, I just realised a great similarity to your avatar and the 'Wonga' advert. Just a thought to bounce your way :)

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