Legal advice please

[muchy_]

Hi all, bit of advice needed here.
My wife and I viewed a new mooring on Saturday and we liked it so we went to see the chap that owns it and said we would have it from the beginning of April.
We left him the cheque and signed up.
It wasn't until the next day that we thought about the parking arrangements for the yard and went to have another look only to find the parking would not suit us.
The next day we phoned the chap and told him that it wasn't suitable for us after and apologised for wasting his time and that we would not be requiring the mooring after all.
To this he swore at my wife and called us time wasters etc to which she again apologised but said we would not be taking the mooring. He said that because we signed for it we were now liable for it and he would be cashing the cheque and that if we cancelled the cheque he would take us to the small claims court.
We have now informed him in writing that we wont need it.
Have we done something wrong?
Is he right and we are now liable for it?
Is there anyone out there with expierience of this sort of thing?

Any help would be appreciated.

PS no money has actually changed hands, no services were used and he has incurred no charges or cost as a result of this.



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[PhilF]

1> did you sign any type of mooring contract.
2>How much was the cheque for, I month I year etc
3>Contact law is complicated, not sure it is sale of goods act
4>His proof of the contract is the cheque , not sure he would go to small claims
5>You might have some cooling off rights
6> What has he given you so far, nothing, but cancelling a cheque is not the legal solution, albeit perhaps the best one. You certainly should put the cancellation in writing asap and perhaps speak to Consumers Association for some guidance on mooring rights, like a contract for the sale of land, I think it needs to be eviidenced in writing

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[PGD]

Sounds like you had a contract with him ie, two parties, an item - the mooring and consideration - the money. The two parties - you and the chap agreed a deal and acted in a business like fashion therefore you have a contract for how ever long.

I would say, depending on what you signed up for you are liable. Most mooring contracts do have a penalty clause.

If only the parking arrangements were not to your liking I would say that you don't really have grounds to end the contract.

Talk it through with a solicitor or citizens advice or trading standards.

Most decent folk would understand and not hold you to it but that doesn't work in law, sorry.

Regards

Peter


<hr width=100% size=1>Complete the Consumer Survey <A target="_blank" HREF=http://www.mssa.org.uk>http://www.mssa.org.uk</A> Marine Service Standards Assistance

 

[hlb]

Looks to me like you have made a contract with the guy. Proved by the cheque. Would it be silly to ask why you bought the mooring before you were sure you wanted it?

<hr width=100% size=1> <font color=blue>Specializing in marine sanitation since 1997.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[david_e]

Look at it from his point of view, it is easy to understand why he might peeved. However dad language and behaviour isn't acceptable.

Suggest you give him time to cool off and approach him again asking if there is a way to reach a compromise.

In real terms a court would probably say that he is entitled to compensation for his losses. If he has re-let the berth then they are probably minimal, if not then he might be entitled to consider his whole position.

At first suggest to him that you will pay him the cost of his advert if he returns the cheque.

Stopping it is tempting but not the thing to do, unless of course you recall with hindsight that he made some claims about parking or something else which turn out to be not true and there is only circumstantial evidence to support it.

Tricky one, if you are an RYA member their legal team will sort this out for you.

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[tcm]

i disgaree with some others. I think he can easily minimise his losses (if any) and has not yet provided any goods or services. In other words, there is so far no consideration for the loot you have paid - or very little. I don't think you are liable for the full lot. Cancel the cheque, then write to him and tell him what you're doing. You could send also a (much smaller) cheque to show goodwill, perhaps the cost of the advert or whatever. This way at least he's gotta go to court to get his money rather than tother way around.

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[hlb]

I think theres been far to many adverts from Do It All and others, giving money back if you have bought the wrong thing. Makes nannies out of us all. Would be bloody chaos if we all went shopping, then went round to take it all back again, then bought again, and so on.

<hr width=100% size=1> <font color=blue>Specializing in marine sanitation since 1997.<font color=red> I'm a volunteer!!.<font color=blue>

Haydn

 

[boatless]

You have a contract.

Glad to see the motorboaters giving the same advice as the yachters!



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[PGD]

disagree, the cheque is the consideration here, there are no goods / services, this a simple contract law in my view.

If you cancel the cheque you are in breach of contract and in the wrong. If the Ts and Cs say no refunds you have no case. My mooring contract says that you pay for it and use it as much as you like, if you don't use it there is no recourse to get any money back.

It's just like paying for parking - you don't claim a refund on the minutes left on the ticket /forums/images/icons/wink.gif

Peter


<hr width=100% size=1>Complete the Consumer Survey <A target="_blank" HREF=http://www.mssa.org.uk>http://www.mssa.org.uk</A> Marine Service Standards Assistance

 

[tcm]

He's made a forward reservation for services to be provided from April 1st. If he acts quickly i believe the suppliers costs are minimal or zero. I'd stop the cheque, write and say what and why you are doing so. A cheque to covers costs such as an advert would be appropriate. The supplier would be wrong to continue his action, failing to minimise his losses. This is just the very next day after signing for something dues to start weeks from now.

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[PhilF]

Its not the same as parking, where the terms and conditions are advised in advance, and include no refunds.
What does his mooring contract say, is there one?
With no written contract who is to say whether he can cancel or not


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[jimi]

Suggest you go and study contract law! In this case its quite simple.
1) Offer made by Muchy_
2) Accepted by seller

End of story in the absence of material representation by the seller. In this case there was none.

Also documentary evidence.

Thats the legal position.

Morally its a nobrainer. I wonder how many potential buyers the seller has said to "sorry mate its sold!" and cancelled his adverts etc..

Not a leg to stand on IMHO




<hr width=100% size=1>.. whit way roon should it be again ..

 

[PhilF]

nope, you can't prove heresay, thats why we get contracts signed

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[boatless]

A verbal contract between two private individuals is just that, you don't need to prove it. It is a contract.

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[jimi]

"We left him the cheque and signed up." - not hearsay

Remind me never to have any dealings with a fraudster like yourself .. I like to deal with people whose word I can trust!

<hr width=100% size=1>.. whit way roon should it be again ..

 

[PhilF]

Signed up for what?
what are the terms?
Is it a sub let, or a lease, could be Property Law.
I agree that he should have looked before he leaped, but the vendor is being unreasonable and to win his case he has to be able to prove that there was no cancellation. He also has no right to cancel the cheque, thats not the solution either.
Also he is not a fraudster and that is insulting. He has made a mistake and is trying to rectify it.

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[jimi]

errmmm ..acshully its you I'm calling fraudster for advocating that its acceptable to welsh on a deal ..

<hr width=100% size=1>.. whit way roon should it be again ..

 

[PhilF]

Where do I do that,
Apology please, no need to get personal

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[Nat]

Hi Phil
Never had much time for people who welch on deals. Sounds like the vendors done nothing wrong to me, I think I would probally swear at someone who backed out of a deal like this (but not his wife). Made my views on PBO forum, Had similar experience some time ago with a car . Drove 200 mls left large deposit returned 3 days later with balance to find vender had sold to other party for more money it leaves a very bitter taste, same sort of story but back to front just had to swallow as not worth the ag

<hr width=100% size=1>2655 ! You can tell me, I'm a Docter !

 

[TwoStroke]

Is this a verbal or written contract?

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