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

[DaveG]

Full page ad in Towpath Talk this month listing whole pile of facilities as up and running.

[i love my narrowboat]

We too have been caught out by the owners of Barby Marina. We paid a deposit for a bankside mooring with 'own private garden', we were assured that when we arrived there would be water and electric in place. We arrived later than expected and were greeted with not hello and welcome to your new mooring, but 'can you come in the office and pay your mooring fees'. Thank god we did not pay the full year that we had intended to, just a 3 month one of £1,125 approx. We should have heard alarm bells ringing as we had not even tied up. we were also told not to tie up too tight and ' pull my mooring rings out'.

The pontoon are of a poor design, and fixed to a light weight breeze block on a bed of cement. One tap from a narrowboat and the seal would be broken hence when we moored we pulled the boat in by hand.

We went to the office and paid and my husband mentioned that there was still no water or electric installed, Tony said 'don't worry it will be in tomorrow'. (the old saying tomorrow never comes, is very prealent in this case)we were shown the tap which is the only one that is situated on the so called 'quay side' which is hardcore glass (lots of resident boaters dogs have cut their paws) and would have meant a hose of in excess of 250 metres was required,or it owuld have meant moving the boat through a slalom course of 'RSJ' awaiting their pontoons.

After we were loaned a key to the gate padlock on the road frontage of the marina, as there was no more left for the boaters, we had to then go and get a key cut.

day 2 it poured with rain and our 'private garden' was a quagmire of mud, there was no path to the boats, my husband thankfully had made a decking path which he brought back with him from work that day and laid it to the pontoon, the boat was filthy with syrup like mud that stuck to everything.

My husbands vehicle got stuck in the mud and Penny (Tony's partner) ripped into my husband saying he had made the carpark an eyesore and was most put out that he had made skid marks on her 'MUD'.

We were shocked at her behaviour and made us feel very unwelcome and we knew then that this was A BIG MISTAKE. we bought a cantilever umbrella to shade our pontoon in the hope of sunshine and were promptly questioned by Tony whether the umbrella 'was a permanent structure'. which then confirmed it was a mistake to come to Barby Marina.

we gave notice on day 3 that we were going due to the lack of facilities, and that our leaving day was day four

It was unbearable and the only facility inplae being the bin and was rigourously policed by Penny as to what could and could not be put in the. We infact took our rubbish off site for the 3 unbearable days we were there.

When I said to Tony that we were going the next day and mentioned the mud, he said in a very condascending voice 'what do you expect when it rains.'

They in my opnion seemed more interested in building an ornamental bridge rather than fitting essential facilites such as pontoons, water, electric.

We then waited with bated breath for our refund.his reply was 'I have not had my key back' which was laughable as 'i had given it to Penny on the way out on day of departure.

He then said he would post it to me.

7 days later still nothing.

I phoned again and he said he would post it that week,

I then sent them by recorded delivery a 2 page 'A4' letter of complaint, pointing out to him that he was breaking the law under the 'Trade description act' etc and gave him 7 days to pay or I would take legal action.

A cheque arrived,

I banked it.

IT BOUNCED

At the time of writing this it is still in the clearing process for the second time. Once it clears I WILL be contacting Trading Standards.

I feel very sorry for the boaters who are there as they have no facilites and electric via a generator until 9pm when it is turned off. Have no elsan or pump out facilities and hae to go to Hillmorton or Braunston to empty them.

Barby Marina unfinished, steer well clear..

Edited October 11, 2011 by i love my narrowboat

[Bob18]

In light of two posts, one from "I Love My Narrowboat", and the other from DaveG there's another body that might take an interest in the activities of Barby marina - the Advertising Standards Authority. All adverts appearing in the UK have to be "legal, decent, honest and truthful", and the ASA covers just about every form of media known. It would appear that recent TT may have been "legal" - I'm not a lawyer so can't say for sure, "decent" - I don't think there were any bits of the ad that would offend the moral standards of the nation, but "honest"? - it uses a lot of positive phrases about the availability of facilities that are somewhere scant to non-existent, and "truthful"? - the ad gives the impression of the marina being fully equipped and functional when in reality it isn't.

 

Interestingly enough any member of the public may make a complaint to the ASA, so when I get in later today I will dig out that TT and launch pen to paper, or more likely fingers to keyboard.

[i love my narrowboat]

In light of two posts, one from "I Love My Narrowboat", and the other from DaveG there's another body that might take an interest in the activities of Barby marina - the Advertising Standards Authority. All adverts appearing in the UK have to be "legal, decent, honest and truthful", and the ASA covers just about every form of media known. It would appear that recent TT may have been "legal" - I'm not a lawyer so can't say for sure, "decent" - I don't think there were any bits of the ad that would offend the moral standards of the nation, but "honest"? - it uses a lot of positive phrases about the availability of facilities that are somewhere scant to non-existent, and "truthful"? - the ad gives the impression of the marina being fully equipped and functional when in reality it isn't.

 

Interestingly enough any member of the public may make a complaint to the ASA, so when I get in later today I will dig out that TT and launch pen to paper, or more likely fingers to keyboard.

 

 

Once my cheque is cleared and funds are in my account i will be contacting all Trading Standards and the one you have mentioned ASA..many thanks

[Biggles]

Sounds very much to me that the money has long time since run out and the two are under a lot of stress forcing them to behave in such a strange way.

 

As for relying on current mooring fees to do finishing off work, I doubt this would touch the surface. A project like this needs massive initial investment way beyond what several years of full occupancy mooring would bring in.

 

I wonder if the bank has pulled the plug, or that they are not prepared to release another payment until a certain agreed point has been reached.

[DaveG]

As long as the boating press continue to accept advertising from this company then these frauds will continue. I have written to three such publications all of whom seem disinterested - I guess as long as they are getting their fee they are not bothered.

 

Up until this year Barby Moorings were registered (along with a number of other companies) at an accountant's accommodation address in Bedford. They are now registered at a similar type of address in Nuneaton although the postcode quoted is for a different address in the centre of Coventry.

 

From the information I have been able to dig up from publicly available sources and other boaters I know plus the other tales of woe on here it would appear Barby are probably trading whilst insolvent.

 

From the Northampton Chronicle 30th June 2011:

 

A NEW £1 million village marina opens next month, creating several jobs for the area.

 

Barby Moorings, which offers 108 berths, has been funded by a combination of family investment and money from the Royal Bank of Scotland.

 

The marina, situated in Barby Lane in the village, has taken two years to build and will create 14 seasonal jobs.

 

The project was the brainchild of Tony McMaster and Penny Leede who intend to make Barby Moorings a major tourist attraction for canal users and day-trippers.

 

Mr McMaster said: “We’re very excited about the way Barby Moorings has developed from an arable field into this amazing marina. We have a real passion about narrowboats and the environment and wanted to create something that would definitely benefit both.”

 

According to Companies House, Ms Leede is not a partner in the business.

 

"This amazing marina".....not according to any dictionary I own!

Edited October 11, 2011 by DaveG

[Bob18]

Amazing? Oh, I don't know, amazing has many shades.

 

In one sense of the word it is truly amazing - an amazing rip-off?

[David Mack]

Up until this year Barby Moorings were registered (along with a number of other companies) at an accountant's accommodation address in Bedford. They are now registered at a similar type of address in Nuneaton although the postcode quoted is for a different address in the centre of Coventry.

 

 

While much looks fishy, I think that is nothing more than a typographical error. According to Companies House website the registered address is

 

BARBY MOORINGS LTD

33-35 COTON ROAD

NUNEATON

WARWICKSHIRE

CV1 5TP

 

As you point out, that postcode is in Coventry, not Nuneaton, but a search on the address shows 33-35 Coton Road with a postcode of CV11 5TP to be the offices of Baldwins Accountants.

 

David

[DaveG]

While much looks fishy, I think that is nothing more than a typographical error. According to Companies House website the registered address is

 

BARBY MOORINGS LTD

33-35 COTON ROAD

NUNEATON

WARWICKSHIRE

CV1 5TP

 

As you point out, that postcode is in Coventry, not Nuneaton, but a search on the address shows 33-35 Coton Road with a postcode of CV11 5TP to be the offices of Baldwins Accountants.

 

David

 

Yes, you're right - I hadn't spotted that. It does seem to be a trend, though, to have your registered office at an address which is not your place of business nor any place you would associate with it. As was discussed in another recent thread, the law does seem heavily weighted in favour of those who owe rather than those who are owed. It does rather look like those of us who are trying to get our money back from these people won't see a penny but, no doubt, some "new" company will spring up in its place.

[carlt]

but a search on the address shows 33-35 Coton Road with a postcode of CV11 5TP to be the offices of Baldwins Accountants.

 

Quote from 192.com:

 

There are more than 20 businesses listed within this postcode.

[Bob18]

Not uncommon for businesses to use their accountants address when starting out, but for one that's been around a couple of years less common. Though with the hole filled with water I would have thought it more professional to have the business address moved to nearer the location of the hole.

[DaveG]

 

a search on the address shows 33-35 Coton Road with a postcode of CV11 5TP to be the offices of Baldwins Accountants.

 

David

 

Plus another firm of accountants, Knight Arnold Wall, and as Carlt points out, at least another 20 businesses. Not bad for a smallish end-of-terrace property.

 

Out of interest, if one building can be the registered office of multiple businesses, do they all have to pay business rate on the property?

[Bob18]

Almost certainly, but how much depends on how much of the property is dedicated to business activities, they might get away with claiming only a small room, plus entrance way to that room.

[DaveG]

Not uncommon for businesses to use their accountants address when starting out, but for one that's been around a couple of years less common. Though with the hole filled with water I would have thought it more professional to have the business address moved to nearer the location of the hole.

 

Business started 13th July 2008, registered office at an address in Bedford which also houses at least two firms of accountants (Thompsons & Co and Novakovic & Co) and over 20 other companies. Moved on 1st July his year to Nuneaton.

[Laurie Booth]

It is quite normal to have your ltd. business registered at your accountants. Nothing sinister in this practice. An accountant could have hundreds registered at his/her address.

[Humphrey]

Having read this thread re Barby Moorings and their accounts etc etc, can I suggest you look at http://companycheck.co.uk/company/06619594.

[Bob18]

That speaks volumes of nothing...

Surely the bank would have done such a simple check before lending them the dosh to dig the hole?

Unless that was done by another party, who have now "moved on to new pastures".

[carlt]

Having read this thread re Barby Moorings and their accounts etc etc, can I suggest you look at http://companycheck.co.uk/company/06619594.

Looked at it...What am I missing?

[DaveG]

That speaks volumes of nothing...

Surely the bank would have done such a simple check before lending them the dosh to dig the hole?

Unless that was done by another party, who have now "moved on to new pastures".

 

The link doesn't take you to the actual page for Barby Moorings for some reason. This one may work, though:

 

My link

 

then click on the link on the page. I saw this a while back and it doesn't make good reading. The only "asset" appears to be the land against which there were £231,620 of current liabilities. There was £4868 in the bank. However, these figures are well over a year old and there have since been two further charges taken over the land, presumably by RBS who, judging from I love my narrowboat's bounced cheque, have now pulled the plug. One can only assume that the rest of us who are still waiting for money from these people will meet the same fate. It would also explain why there isn't a single contractor working on the site.

 

Whilst it may be "normal" for businesses to register in this way it doesn't necessarily mean it is ethical. There are all sorts of ways debtors can avoid paying what they owe - the Harral business is a good example. My brother in law had an electrician business subcontracted to a major volume housebuilder. The builder (Thor) went under owing him nearly £30,000 but was up and running again within three days, the directors still living in their smart houses, whereas my brother in law didn't get a cent, went out of business and lost his home.

Edited October 11, 2011 by DaveG

[i love my narrowboat]

Yes, you're right - I hadn't spotted that. It does seem to be a trend, though, to have your registered office at an address which is not your place of business nor any place you would associate with it. As was discussed in another recent thread, the law does seem heavily weighted in favour of those who owe rather than those who are owed. It does rather look like those of us who are trying to get our money back from these people won't see a penny but, no doubt, some "new" company will spring up in its place.

 

 

Well I am seriously keeping my fingers tightly crossed that the cheque clears this time, I can not afford to lose £1,125.00...I have had a notice of risk of redundancy from work and so have to watch the pennies!!!. and for all the other people who are wanting their money back, I wish them all the luck, as it will not be easy

[Bob18]

If the cheque is a rubber ball then get in touch with the Small claims court (or whatever they are called this week). In hte first place for guidance, but probably in the very near future to get an order. Failure to pay against the court order can then lead to an application for you (or your agent) to seize and dispose of goods to cover the initial debt plus your incurred costs. As far as I can work out this seizure can be from any address where the business is trading, not restricted just the registered office...

[DaveG]

I have received a letter from Trading Standards this morning which states they are "monitoring the activities of this business".

 

They also ask that anyone who has any complaint, information or experience of Barby Moorings/Barby Marina to ring Consumer Direct (which is the government sponsored Trading Standards organisation) on :

 

08454 040506. The reference for this case is NW4359282.

[sebrof]

Yes, you're right - I hadn't spotted that. It does seem to be a trend, though, to have your registered office at an address which is not your place of business nor any place you would associate with it. As was discussed in another recent thread, the law does seem heavily weighted in favour of those who owe rather than those who are owed. It does rather look like those of us who are trying to get our money back from these people won't see a penny but, no doubt, some "new" company will spring up in its place.

 

It's not a trend; it's something that has been going on for 100 years or more. Many companies employ accountants or specialist firms to act as Company Secretary, and it make sense for official documents (stuff from Companies House and writs!) to go direct to the the Co Sec.'s address, so that becomes the Registered Office. There is nothing odd or suspicious about this at all.

 

Well I am seriously keeping my fingers tightly crossed that the cheque clears this time, I can not afford to lose £1,125.00...I have had a notice of risk of redundancy from work and so have to watch the pennies!!!. and for all the other people who are wanting their money back, I wish them all the luck, as it will not be easy

 

If it bounces again, take them to court. It costs very little, and as others have said, a judgement in your favour will enable you in due course to seize goods.

 

But act fast, as the bank will have secured its loan against everything of significant value, and if you don't get there before the company goes into administration, you won't get anything.

 

As Biggles has said, these are people under enormous stress, who are presumably about to lose their life savings, and perhaps those of other family members. This is why they are acting oddly.

[churchward]

If the cheque is a rubber ball then get in touch with the Small claims court (or whatever they are called this week). In hte first place for guidance, but probably in the very near future to get an order. Failure to pay against the court order can then lead to an application for you (or your agent) to seize and dispose of goods to cover the initial debt plus your incurred costs. As far as I can work out this seizure can be from any address where the business is trading, not restricted just the registered office...

I second that. I used the process about 5 years ago to good effect. There is some bureaucracy to it and is not stress free but all in all a fairly straight forward process which doesn't cost the earth (the other party can end up paying for it anyway) well worth doing for the scale of money that is being talked about here and doesn't take forever to get a result either.

[c c]

Even easier in my experience is :-

https://www.moneyclaim.gov.uk/web/mcol/welcome