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Jamie-Law
Jamie-Law, Solicitor
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I am a committee member of a pool association. Teams supply

Resolved Question:

I am a committee member of a pool association. Teams supply bonds for their participation in our league. Two teams paid their bonds, team 1 was unsure of whether they would have a team to play the season.
We the committee gave a deadline to team 1 of 16th July 2016 to confirm their participation otherwise it would be assumed that they would be playing. Fixtures for the coming season had been produced 18th July 2016. Team 1 had not contacted us after several attempts by the committee to see if they would in fact be participating. They informed us by Facebook message on 8th August 2016 that they would be leaving the league (24 hours prior to our initial season meeting). Team 2 was at that meeting and paid league fees for the month (meeting 9th August 2016). Team 2 informed the committee that they were leaving the league 1st September 2016.
In our constitution we state that teams that fold are not entitled to their Bond being refunded. They have since joined another pool league. Normally bonds are transferred without issue, however we feel that these teams have folded within the season parameters after fixtures have been produced and published.
They fixtures have now been produced 3 times (original, 2nd after Team 1 folded and 3rd when Team 2 folded). The other pool association state they have sought legal advice and say that our actions are illegal. Can you please advise?
Submitted: 8 months ago.
Category: Law
Expert:  Jamie-Law replied 8 months ago.

Hello my name is ***** ***** I will help you with this.

How much are they seeking to claim?

Customer: replied 8 months ago.
Each teams bond is £25 plus £10 monthly league fee for Team 2. I know the cost is minimal but its the principle more than anything else and it is in our constitution that any team that folds they forfeit their bond money.
Expert:  Jamie-Law replied 8 months ago.

Does it say you can hold onto it if they cancel with the season fixtures?

Customer: replied 8 months ago.
It states that teams fold within the parameters of the season. We posted on Facebook Page several times stating that the deadline was 16th July 2015 to confirm/remove participation from the season. Team 1 had stated at our AGM they were unsure of having a team but renewed their bond. We asked several times both face to face and via messenger for confirmation and they refused to answer. We said that we would include them as we had no response, which Team 1 still did not reply either way. We only found out that they were playing in the other league when the other league asked for the bond. We replied that we had no contact from Team 1 to state they were leaving. When we asked representatives of Team 1 if they were leaving the league (August 4th) still no response until the day prior to our first meeting which they knew we were giving out the fixture list. Team 2 were at that meeting and paid monthly fees. After the meeting I had to re-work the fixtures. Then 5 days before the first match Team 2 said they were leaving. I had to re-work the fixtures again whilst on holiday. Fixtures had been posted online on 18th July originally.
Customer: replied 8 months ago.
Teams have folded previously a matter of a days prior to the league starting and we have withheld the bond monies. These teams knew this issue had happened in the past.
Expert:  Jamie-Law replied 8 months ago.

so you had no confirmation either way but they had paid the bond?

Customer: replied 8 months ago.
Team 1 had paid their bond at the AGM which was June 21st 2016. We advised on the Facebook page and through numerous messages and conversations we required confirmation by 16th July 2016 or we would assume that they were playing the season. We had no response from them from any communications. We created the fixtures 17th July and posted online stating that they had been included. Still no response to say they were not participating in the season. The only notification we got from them after 7 weeks of trying was Monday 8th August when they said they were playing in the other league, this was 24 hours prior to our first league meeting of the season when we had printed out fixtures and other forms to give to teams and take the first months fees. These fixtures had to be re-worked due to this.Team 2 had maintained their bond for the coming season. They attended the first league meeting and paid the first month of league fees. As far as we were concerned they were playing, then 5 days prior to the league starting they withdrew their participation. League fixtures had to re-worked again.
Expert:  Jamie-Law replied 8 months ago.

ok. If they paid the bond and failed to confirm you can keep it.

What you have done is not illegal. You made it clear when the cut off date was. They let you know after and as such you are entitled to keep it.

Can I clairfy anything for you about this today please?

Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3266
Experience: Solicitor
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