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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3692
Experience:  Solicitors 2 years plus PQE
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I have had to sell my boat because of ill health i have now

Resolved Question:

I have had to sell my boat because of ill health i have now received an invoice from my marina stating that the amount i paid each month has changed because i have left befor the year end and i owe them 785.00 would this be correct i have not signed a contract
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome.
My name is ***** ***** I will assist you. Does the marina have any terms and conditions of use that they sent to you?
Kind regards AJ
Customer: replied 2 years ago.
yes on the back of the agreement
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Can you send me a copy of these to look at? Can you copy them into this thread? Kind regards AJ
Customer: replied 2 years ago.
sorry the only way to send them is by phone
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Do they have a website?
Customer: replied 2 years ago.
no sorry
Expert:  Alex J. replied 2 years ago.
Hi Thank you. They can only charge you the additional fees if the terms and condition contain a right to up lift the fees for an early termination. Can you see any clauses that refer to termination? Kind regards AJ
Customer: replied 2 years ago.
hopefully this is what you are looking for
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Did you give them four week notice? Clause 9 days they are entitled to charge you what you would have owed - did they give you a discount on the charges?
Customer: replied 2 years ago.
yes i gave them four weeks notice, and paid the following months mooring fees sorry i do not understand last bit of sentence
Customer: replied 2 years ago.
I can send you the payment schedule if this would help
Customer: replied 2 years ago.
Hi Alex are we still connected
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. Yes please - could I have a look at it? Kind regards AJ
Customer: replied 2 years ago.
here is the schedule
Customer: replied 2 years ago.
Hi although i have not signed a contract i have just noticed that the schedule contract no.; and the invoice contract no,; are different
Customer: replied 2 years ago.
can you let me know if you have recieved the schedule and latest comment as i have to go to an appointment soon regards glenn
Expert:  Alex J. replied 2 years ago.
Thank you.
I have received it and I will review it now.
Kind regards
AJ
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I can only work out that they are trying to charge you for the last three months of the agreement. The contract says you have to pay all sums due to the actual date of departure.
Before you can dispute this, can you ask them to confirm in writing what this additional payment actually relates to?
Kind regards
AJ
Customer: replied 2 years ago.
thank you i will e-mail them now. I take it that not signing a contract dos'nt mean a thing ?Kind Regards Glenn
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately not, it is really whether you are bound by their terms and conditions. The answer to that is whether you had notice of them before you paid and started using the service.
The terms and conditions do not say you are fixed to a 12 month contract, they only say you have to give 4 weeks notice. On that basis I would offer another £260 to terminate, but say you deny liability for the rest.
First it would be worth getting them to show their cards and explain exactly what they believe this payment is for.
Kind regards
AJ
Customer: replied 2 years ago.
Hi Alex
The marina have e-mailed me 2 documents that i have not seen before please can you advise me on what further action i can takeRegards Glenn
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Are you saying you were never served with these documents, before you accepted placing your boat in the marina?
If so then they are trying to unilaterally change the terms of the agreement. They can only enforce these terms if they made you aware of them (i.e sent or emailed them to you) before you accepted the provision of the service.
Have they said you have 7 days to pay at this point?
Kind regards
AJ
Customer: replied 2 years ago.
I have never recieved by post or e-mail these documents and they request payment due by return or 3 post dated chequesRegards Glenn
Expert:  Alex J. replied 2 years ago.
Hi, Thank you. I would write back to them as follows:(i) Say you were never served with these documents before the service provision started;(ii) Say they are trying to unilaterally change what was agreed;(iii) As a gesture of good will you will pay them four weeks notice without dispute, but will not tolerate being chased for money you do not owe (if you want to mention your medical - that is up to you;(iv) Say you are disappointed that they are trying exert pressure you to change the terms of your agreement, and that you fundamentally reject and change;(v) Say that if they do not stop chasing you for the money you reserve the right to complain to Trading Standards.I look forward to hearing from you. Kind regards AJ
Customer: replied 2 years ago.
Thank you for your advise i will send an e-mail and inform you of the outcomeRegards Glenn
Expert:  Alex J. replied 2 years ago.
Thank you.
Please do not hesitate to contact me with any follow up points.
Just as a side point, - if they push for the money, I would remind then that it is a criminal offence to harass someone for money they do not owe under S.40 of the Administration of Justice Act 1970.
If you could leave me with feedback in the mean time I would be most grateful.
Kind regards AJ
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