mayalld Posted February 19, 2014 Report Share Posted February 19, 2014 There is case law relating to this, and you're incorrect. A company can't change contractual terms in mid-contract, as BWML is doing in the way it's applying the widebeam surcharge. It can't offer a contract when it is, a priori, unable or unwilling to uphold its own contractual obligations. But as individuals or as a small community, we cannot afford the legal costs to test this particular issue in court. I can't see any evidence that they have changed terms mid contract. Whilst I can well believe that you would LIKE the situation to be that having moved in, your contract is set in stone, and people renewing are entitled to do so on their current terms, that isn't the case here. Contracts are for a particular term, and BWML can't vary during the term. At the end of that term, they can offer a new contract on such terms as they see fit. Link to comment Share on other sites More sharing options...
magnetman Posted February 19, 2014 Report Share Posted February 19, 2014 So where did the £13k for 12x3.05m boat comefrom? Poplar boater you did mention £13k for 12x3.05 Why?? Ok got it, 30% on top That IS too much for a v small barge Link to comment Share on other sites More sharing options...
RLWP Posted February 19, 2014 Report Share Posted February 19, 2014 Was it impose 'mid-contract' ? It reads as if... Be careful, apparently that ruling by the ombudsman isn't for this case Richard Link to comment Share on other sites More sharing options...
PoplarBoater Posted February 19, 2014 Report Share Posted February 19, 2014 From April 2013 http://www.bwml.co.uk/uploads/pdfs/2-Pricing_of_BWML_marina_moorings.pdf Just because BWML say so doesn't mean it's enforceable in law - that's the theme of the case law I mentioned. Link to comment Share on other sites More sharing options...
magnetman Posted February 19, 2014 Report Share Posted February 19, 2014 From what I can see youget a 100% ssurcharge if you take 4.2m (2 narrow boat spaces) which would be £19k for 18x4.2m Oh dear Link to comment Share on other sites More sharing options...
Naughty Cal Posted February 19, 2014 Report Share Posted February 19, 2014 Just because BWML say so doesn't mean it's enforceable in law - that's the theme of the case law I mentioned. When was the change in pricing introduced? You seem to be skirting this question. It wasn't mid contract was it? It was at then end of your 12 month contract wasn't it? Just because BWML say so doesn't mean it's enforceable in law - that's the theme of the case law I mentioned. If that is what you believe fight for it. Although you are destined to lose, again! Link to comment Share on other sites More sharing options...
magnetman Posted February 19, 2014 Report Share Posted February 19, 2014 This must be BMWL trying to stop boats attracting a premium with the mooring being transferable Or I'm barking up the wrong tree Link to comment Share on other sites More sharing options...
nicknorman Posted February 19, 2014 Report Share Posted February 19, 2014 To me it certainly seems wrong and unfair that a boater can transfer a mooring to a new owner. It prevents anyone bringing a new boat into "the system". Plus, it wildly distorts the value of the boat. If it were up to me this sort of thing would be stopped. Link to comment Share on other sites More sharing options...
Ssscrudddy Posted February 19, 2014 Report Share Posted February 19, 2014 Re changing things mid contract, phone companies are allowed to do that. The new guidance for mobile phone contracts say they can as long as the contract originally said they can. Before this got mentioned (just recently) A year befor 1/2 way through my contract my mobile phone put up my bill by 40p & apparently I have to just suck it up. Contract ends in May & I'm leaving themI know previously with BT landline I tried to leave because the contract was up, but it turns out they had put me on a new rolling contract (less than a month after the old contract finished) & I was expected to do the full term of that new contract. They also jacked up a price at the time (I cant remember what)Well I used it as a get out clause because at the time, although they could change the price, it had to be a reasonable change. The change in price amounted to pennies, but in fact worked out at over 1000% which at a time when inflation was under 5% was IMO unreasonable & I dared them to argue the toss in court, at which point they capitulated 1 Link to comment Share on other sites More sharing options...
magnetman Posted February 19, 2014 Report Share Posted February 19, 2014 As I mentioned earlier there is a boat in Islington N1 with a £70,000 premium on it for having transferable (CRT) resi mooring with 'low' fees. This money belongs to CRT and theyneed it Link to comment Share on other sites More sharing options...
Pilly Posted February 19, 2014 Report Share Posted February 19, 2014 http://beforeitsnews.com/alternative/2014/02/charity-evicts-vulnerable-pensioners-2901346.html Whether BWML are right or wrong, there are ways and ways of doing business. Link to comment Share on other sites More sharing options...
RLWP Posted February 19, 2014 Report Share Posted February 19, 2014 http://beforeitsnews.com/alternative/2014/02/charity-evicts-vulnerable-pensioners-2901346.html Whether BWML are right or wrong, there are ways and ways of doing business. Have you checked who wrote that piece? : http://wylam.boatersrights.org/ Richard Link to comment Share on other sites More sharing options...
Graham Davis Posted February 19, 2014 Report Share Posted February 19, 2014 There is case law relating to this, and you're incorrect. A company can't change contractual terms in mid-contract, as BWML is doing in the way it's applying the widebeam surcharge. It can't offer a contract when it is, a priori, unable or unwilling to uphold its own contractual obligations. But as individuals or as a small community, we cannot afford the legal costs to test this particular issue in court. Please state this Case Law. And can you please provide a full copy of the Terms & Conditions for your moorings. You might be surprised what they contain! Link to comment Share on other sites More sharing options...
Guest Posted February 19, 2014 Report Share Posted February 19, 2014 And can you please provide a full copy of the Terms & Conditions for your moorings. You might be surprised what they contain! All the paper work associated with mooring in a BWML marina can be found here - http://www.bwml.co.uk/customer-info Link to comment Share on other sites More sharing options...
alan_fincher Posted February 19, 2014 Report Share Posted February 19, 2014 http://beforeitsnews.com/alternative/2014/02/charity-evicts-vulnerable-pensioners-2901346.html Whether BWML are right or wrong, there are ways and ways of doing business. I have yet to see any evidence that BW / CRT have done anything wrong or underhand. I've, not saying they haven't, just that I have yet to see any evidence. I'm happy to look at anything not actually written by the complainants that supports their case, though. Link to comment Share on other sites More sharing options...
nicknorman Posted February 19, 2014 Report Share Posted February 19, 2014 http://beforeitsnews.com/alternative/2014/02/charity-evicts-vulnerable-pensioners-2901346.html Whether BWML are right or wrong, there are ways and ways of doing business. Why are you taking this one sided piece as an indictment of the way BWML do business? You have no idea whether they have acted reasonably or not. Link to comment Share on other sites More sharing options...
RLWP Posted February 19, 2014 Report Share Posted February 19, 2014 Please state this Case Law. And can you please provide a full copy of the Terms & Conditions for your moorings. You might be surprised what they contain! Terms and Conditions PDF Richard Link to comment Share on other sites More sharing options...
Pilly Posted February 19, 2014 Report Share Posted February 19, 2014 Why are you taking this one sided piece as an indictment of the way BWML do business? You have no idea whether they have acted reasonably or not. "Whether BWML are right or wrong" Why are you having difficulty with the above statement? Do I say that they are right? Do I say that they are wrong? Stop looking for an argument ...for the sake of an argument! Link to comment Share on other sites More sharing options...
nicknorman Posted February 19, 2014 Report Share Posted February 19, 2014 Terms and Conditions PDF Richard So the Ts and Cs clearly state that BWML can terminate for any reason they like, with 28 days notice. People get chucked off marinas all the time for being a PITA and this case is no different. This whole attempt to stir up the masses is just BS. "Whether BWML are right or wrong" Why are you having difficulty with the above statement? Do I say that they are right? Do I say that they are wrong? Stop looking for an argument ...for the sake of an argument! To me, your post certainly read as a criticism of the way BWML do business. If I misunderstood then I apologise, but could you explain what the point of your comment about ways to do business was? Link to comment Share on other sites More sharing options...
alan_fincher Posted February 19, 2014 Report Share Posted February 19, 2014 "Whether BWML are right or wrong" Why are you having difficulty with the above statement? Do I say that they are right? Do I say that they are wrong? Stop looking for an argument ...for the sake of an argument! But you have not quoted the other bit...... there are ways and ways of doing business I think most people would interpret your overall comment as "even if CRT are not in the wrong, they are still not doing things in a businesslike way." Or that is how I read it. If that's not what you were trying to say, what were you trying to say, please? Link to comment Share on other sites More sharing options...
Albion Posted February 19, 2014 Report Share Posted February 19, 2014 But you have not quoted the other bit...... I think most people would interpret your overall comment as "even if CRT are not in the wrong, they are still not doing things in a businesslike way." Or that is how I read it. If that's not what you were trying to say, what were you trying to say, please? That's how it came across to me also Alan. Roger Link to comment Share on other sites More sharing options...
Pilly Posted February 19, 2014 Report Share Posted February 19, 2014 So the Ts and Cs clearly state that BWML can terminate for any reason they like, with 28 days notice. People get chucked off marinas all the time for being a PITA and this case is no different. This whole attempt to stir up the masses is just BS. To me, your post certainly read as a criticism of the way BWML do business. If I misunderstood then I apologise, but could you explain what the point of your comment about ways to do business was? The point about ways to do business applies to both parties, whoever is wrong or right. Just for clarification, the link was posted in response to someone's request for more information, I think it was alan Link to comment Share on other sites More sharing options...
madcat Posted February 19, 2014 Report Share Posted February 19, 2014 Two cases have been mentioned on this thread although the main subject is the situation in Poplar. I'm inclined to think BML are behaving badly and I'm glad I'm not a customer of theirs. The whole situation around housing costs and availability in London is a a national disgrace, the system is broken and I'm not sure how it can be fixed but it is shockingly unfair and loaded against those on low or fixed incomes. You can rant and rave about how life has never been fair but my answer to that is should we not be making progress and trying to improve things instead of settling for same old same old. 1 Link to comment Share on other sites More sharing options...
Naughty Cal Posted February 19, 2014 Report Share Posted February 19, 2014 The point about ways to do business applies to both parties, whoever is wrong or right. Just for clarification, the link was posted in response to someone's request for more information, I think it was alan The link didn't give any more information. It was just a bull shite piece of one sided nonsense Two cases have been mentioned on this thread although the main subject is the situation in Poplar. I'm inclined to think BML are behaving badly and I'm glad I'm not a customer of theirs. The whole situation around housing costs and availability in London is a a national disgrace, the system is broken and I'm not sure how it can be fixed but it is shockingly unfair and loaded against those on low or fixed incomes. You can rant and rave about how life has never been fair but my answer to that is should we not be making progress and trying to improve things instead of settling for same old same old. And how would you do that? Link to comment Share on other sites More sharing options...
nicknorman Posted February 19, 2014 Report Share Posted February 19, 2014 Two cases have been mentioned on this thread although the main subject is the situation in Poplar. I'm inclined to think BML are behaving badly and I'm glad I'm not a customer of theirs. The whole situation around housing costs and availability in London is a a national disgrace, the system is broken and I'm not sure how it can be fixed but it is shockingly unfair and loaded against those on low or fixed incomes. You can rant and rave about how life has never been fair but my answer to that is should we not be making progress and trying to improve things instead of settling for same old same old. I'm inclined to think BWML aren't behaving badly, but I have no more evidence to support that position than you do with the opposite position! Regarding your valid point about housing costs in London, yes it is certainly problematic but London is fairly typical of many other capital cities. Whilst humans all want to congregate and work in one place I can't see how it won't always be thus. Perhaps we need increased incentives to move businesses out of London, with the workforce of course following? Oh and of course preventing foreign investors from buying up property in London as an investment and then just leaving it empty. THAT would be a really good start! Link to comment Share on other sites More sharing options...
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