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Dispute at Pillings

andy the hammer

By andy the hammer
in General Boating

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Dominic M Influencer

Dominic M

Posted
Posted (edited)

 

You appear to be mistaken in your understanding of company law wrt directors duties

Have a read of this: http://www.companylawclub.co.uk/topics/directors_duties.shtml

 

several other posters could do with reading the bits about fraudulent & wrongful trading as well

 

And perhaps you could explain "shorttermism so beloved of accountants" - Do you think that accountants make all the decisions?

I'm glad you made this point. I read Tony Brooks's post and felt it should noted that UK company law does not exonerate fraudsters, and that fraud is a criminal offence and anyone convicted of that will be disbarred from holding a company directorship for a considerable length of time. As for accountants being short term in their views, that is just a piece of ill founded bar room prejudice.

 

On a different point, I think you will find that BWML do pay a connection charge, but with some of their acquisitions, Cowroast being the most recent, the payments are way below the rate set down in the NAA once BW decided to encourage the private sector into marina development. This is because older marinas seem to have been negotiated locally with no national guidelines, producing considerable disparity. Some, such as Whilton, were simply allowed to continue with their free connection to the canal through sheer civil service incompetence. However, as BWML is a private limited company wholly owned, I believe, by CRT, payment of any connection fee is a paper exercise of little consequence. In an ideal world, DEFRA should never have sanctioned the use of vast sums of taxpayers' money to be handed over interest free to BWML to effectively nationalise formerly privately owned marinas. It skewed marina values and it created a desperately un-level playing field as no private business could access millions in interest free capital as BWML did. They should be sold back to the private sector.

 

A bit off beam from the matter of Pilling's Lock, but this is page twenty something. All I can say about that is CRT have a contract with the Pilling's and it seems they have enforced it through the courts. A court would not involve itself in subjectivity over what is "fair" or not, unless the defendant was an inexperienced individual (not a company) who had entered into the agreement without being advised by the experienced plaintiff to get legal advice first.

Edited by Dominic M
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Paul G2 Rising Star

Paul G2

Posted
Posted

Just seen crucifix being erected at the Gate

Of PL and a big bag of Rusty nails, sad.png

 

FYI - A crucifix is a religious icon of a cross with Jesus nailed to it. An empty cross, such as Jesus was crucified on, is just a cross.

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Tony Brooks Veteran II

Tony BrooksDonate to Canal World

Posted
Posted

 

You appear to be mistaken in your understanding of company law wrt directors duties

Have a read of this: http://www.companylawclub.co.uk/topics/directors_duties.shtml

 

several other posters could do with reading the bits about fraudulent & wrongful trading as well

 

And perhaps you could explain "shorttermism so beloved of accountants" - Do you think that accountants make all the decisions?

 

 

Short termism - like loading companies with debt so they can offset the interest against tax and then fail when the going gets tough and they have been sold on or massive "paper" profits have been taken.

 

Like advising profitable businesses that they should move out of freehold properties and rent only to find in af ew years they can no longer keep up with the rent - I seem to recall a boat builder in that position.

 

Like sending suppliers to the wall because they will not pay their bills on time.

 

Like manufacturing substandard goods that endanger peoples lives and fail or refuse to take adequate action. I could go on and I am sure many have experienced other examples.

 

As for those high minded statements on the GOVERNMENT website I say lets test their truth by seeing how well the are enforced. If they are the one of the subjects here would appear to be in danger of loosing all their directorships of associated companies - how many of us believe that will happen?

 

How many Ltd. Company boat fitters have gone broke only to resurface again. You heard what the chap said about transport companies. The whole phoenix thing is a great big con yet it has been going on for years.

 

 

I want to see actions not words and at present I think my comments are justified by the lack of and inadequacy of any actions..

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Stilllearning Influencer

Stilllearning

Posted
Posted

 

 

Short termism - like loading companies with debt so they can offset the interest against tax and then fail when the going gets tough and they have been sold on or massive "paper" profits have been taken.

 

Like advising profitable businesses that they should move out of freehold properties and rent only to find in af ew years they can no longer keep up with the rent - I seem to recall a boat builder in that position.

 

Like sending suppliers to the wall because they will not pay their bills on time.

 

Like manufacturing substandard goods that endanger peoples lives and fail or refuse to take adequate action. I could go on and I am sure many have experienced other examples.

 

As for those high minded statements on the GOVERNMENT website I say lets test their truth by seeing how well the are enforced. If they are the one of the subjects here would appear to be in danger of loosing all their directorships of associated companies - how many of us believe that will happen?

 

How many Ltd. Company boat fitters have gone broke only to resurface again. You heard what the chap said about transport companies. The whole phoenix thing is a great big con yet it has been going on for years.

 

 

I want to see actions not words and at present I think my comments are justified by the lack of and inadequacy of any actions..

I completely agree, however who among us really believe that anything will be done to actually and fundamentally change things? Apparently to do so would "harm competition".

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Pembroke Engager

Pembroke

Posted
Posted

I heard at work today via friend who has a friend with a boat there that an emergency berth holders meeting has been called for Friday night

 

So if you know anyone with a boat there it might be worth letting them know

 

It might also be worth letting the local constabulary know as I suspect it could get very heated

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Dangerous Dave Collaborator

Dangerous Dave

Posted
Posted

 

FYI - A crucifix is a religious icon of a cross with Jesus nailed to it. An empty cross, such as Jesus was crucified on, is just a cross.

 

Not the only thing cross at Flesh Hovel Lane LE12 8FE Post code of the damned!

I heard at work today via friend who has a friend with a boat there that an emergency berth holders meeting has been called for Friday night

 

So if you know anyone with a boat there it might be worth letting them know

 

It might also be worth letting the local constabulary know as I suspect it could get very heated

 

 

The assistant manager's (one of several) Father is a Chief Supt of LCC hence they are well covered..

 

Post Mr J L's eviction they got the helicopter out to arrest Mr J . L for snatching his own boat back!!The whole incident was witnessed by the bertholders up stream at Meadow Farm Marina..Not that i'm suggesting special treatment..lol

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Dangerous Dave Collaborator

Dangerous Dave

Posted
Posted (edited)

Hot Fuzz 2? A narrowboat being pursued by a helicopter? Mr JL as in johnlillie of this forum? If so, JL, please please please write to the Data Protection Officer of the relevant police force requesting a copy of the in helicopter recording - I can't wait for the giggles!

 

I think footage is on you tube..I remember seeing it or maybe contact Meadow Farm Marina, Barrow upon Soar ,i 'm sure one of their bertholders has it on dvd.

 

The boat in question is Kittywake ..The day boat they use for self drive hire,an open cruiser affair and for escorting me off the premises on the day when the exchange of contracts was made of the surrender of my lease..

Hence the new begining of the managements rant of me and boat hermit as seen way back on page 3

Carry on up the River Soar Ars more

 

Now now hahaha

 

Expect revenge for that like receiving homosexual porn on your email account!

Edited by Shyster basher
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tony collins Rising Star

tony collins

Posted
Posted

Just to back track a little and possibly go off the main topic for a moment,

 

Mr Lillie's assertion that the increase of CC'ers robbed him of potential income, was dealt with earlier in the thread. (I think) the figure quoted was around 300 new CC licences issued. That relatively small number of licences spread across the number of marinas around the country would not appear to make a particular impact on one individual marina. So Itend to think that part of his argument falls flat.

 

Incidentally, when the requirement for declaring a "home morring" came in the mid 1990's, I seem to remember that one entrepreneurial guy with an end of garden mooring, "sold" the right to declare it as a home mooring to several boaters. Before it was jumped on, I think it was a good thing that not everyone turn up to use it at the same time! Eitherway, the scheme was never going to fill marinas.

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Guest

Guest

Posted
Posted

We're on about the death of a boat yard

The poor boaters the poor staff that work there

Really? In the posts that immediately preceded mine I just see a random load of incoherent inaine twaddle.

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Ex- Member Veteran II

Ex- Member

Posted
Posted

We're on about the death of a boat yard

The poor boaters the poor staff that work there

 

It will hardly be a death I have a hunch it will rise again like the phoenix from the proverbial. When it does, I would make damned sure the new directors have no connection what so ever to the current ones whom will likely be made bankrupt. If there is even a minuscule or slightest connection to any of the current directors, then run a mile, as this will simply happen all over again.

  • Greenie 1
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Guest

Guest

Posted
Posted

If we started moderating out incoherent inane twaddle, there wouldn't be much left to discuss ;)

Interesting. I would have expected better but maybe not from a less than competent mod.

 

No wonder this forum is losing good members hand over fist.

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