How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

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: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year 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 1 year ago.
yes on the back of the agreement
Expert:  Alex J. replied 1 year 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 1 year ago.
sorry the only way to send them is by phone
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Do they have a website?
Customer: replied 1 year ago.
no sorry
Expert:  Alex J. replied 1 year 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 1 year ago.
hopefully this is what you are looking for
Expert:  Alex J. replied 1 year 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 1 year 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 1 year ago.
I can send you the payment schedule if this would help
Customer: replied 1 year ago.
Hi Alex are we still connected
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Yes please - could I have a look at it? Kind regards AJ
Customer: replied 1 year ago.
here is the schedule
Customer: replied 1 year 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 1 year 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 1 year ago.
Thank you.
I have received it and I will review it now.
Kind regards
AJ
Expert:  Alex J. replied 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year 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 1 year ago.
Thank you for your advise i will send an e-mail and inform you of the outcomeRegards Glenn
Expert:  Alex J. replied 1 year 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
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions