legal advice

[lagerland]

Worst case scenario if he pursues you offer him ?400 20 of you a score each job done its still a ~~~ing liberty though......................

And tell him to eat a weaver fish next time he cathes one m8..............

[Jo-Jo]

i presumed his ?100 deposit was to cover any non ahows or cancelations tbh

[billy2]

thats the thing there was no cancelations, i also find it hard to believe that out of 20 people going on a fishing trip that no one know who you where going with, i do alot of sea fishing trips in the s,e of ireland and holyhead, and everyone knows where we are going at the time so that we can tell famaly members where we are just it case something did go wrong , the thing is there was no cancelation and right up till the day of your fishing trip he was book out to you and could not take any other books, if it was the other way around where you truned up for your fishing trip and he had someone else booked on the boat , and he said to you o sorry i had no why to contract you to tell you the trip was canceled as i double book what would you do ????

[Jo-Jo]

i'd probobly kick myself for not getting a contract in writing to fall back on or even a written confirmation ! and as hard as it is for you to believe i don;t tell lies i have no reason to lie i see no reason to ask for advice and lie about it .

[polt]

The problem you have is there is such a thing as verbal contract - you use it when buying mobile phones etc. Your other problem is he can prove the contract by your deposit.

however there is no doubt that if this went to court then it would be difficult for him to prove anything else agreed during telephone conversation.
Also how did you pay the deposit ?? was it bank transfer or credit card? if by credit card you may be able to claim the full amount from them - as long as hospitalisation is proved to them. Look at section 75 Consumer credit act and link below
Section 75 refunds: Free protection for ALL spending...

hope this helps

[billy2]

i'd probobly kick myself for not getting a contract in writing to fall back on or even a written confirmation ! and as hard as it is for you to believe i don;t tell lies i have no reason to lie i see no reason to ask for advice and lie about it .

m8 iam not saying you are telling lies what iam saying is if the shoe was on the other foot what would you do ??? would you not find it hard to believe that a party of 20 going on a fishing trip and only 1 person know where and who you are going fishing with. that person gets sick and pulls out now the other 19 cant go becouse they know nothing of the trip ??? if you where the skipper what would you think ???? now i can see the 2 sides to this you payed ?100 deposit for him to keep the boat for your group so now the skipper has to keep the boat for your group and cant book anyone else so come the day of the trip your group dont trun up its cost him a days pay that is down to your group, now as far as i rember cancelations have to be giving up to 48hours ahead of time to give the skipper time to find a new group (this has always the same when we go fishing) dont know if its the same now

[ecufix]

He wants to catch something - you , hook line and sinker

[Jo-Jo]

ahh well let him try he don't have my name or address i did a direct bank transfer for the deposit so he basically looking for a needle in a haystack as far as i am concerned ! no mention to me of terms of cancellation was given on the phone he has ?100 for a day off he cant say its cost him anything as he was not providing anything you could say fuel but he will still have this to use another day ! think he needs to re asess his booking procedures in future

non of the others new the name of the skipper or boat we was going on i was asked to book a boat for the day for fishing which i did to be honest i could not even tel you the name of the boat i had a guys number which i googked and rang him to book .

[Hoppy01]

m8 iam not saying you are telling lies what iam saying is if the shoe was on the other foot what would you do ??? would you not find it hard to believe that a party of 20 going on a fishing trip and only 1 person know where and who you are going fishing with. that person gets sick and pulls out now the other 19 cant go becouse they know nothing of the trip ??? if you where the skipper what would you think ???? now i can see the 2 sides to this you payed ?100 deposit for him to keep the boat for your group so now the skipper has to keep the boat for your group and cant book anyone else so come the day of the trip your group dont trun up its cost him a days pay that is down to your group, now as far as i rember cancelations have to be giving up to 48hours ahead of time to give the skipper time to find a new group (this has always the same when we go fishing) dont know if its the same now

A used to do a fair bit of sea fishing years ago and it was the same setup as yours.
If a was the skipper a would be mega pi**** off that ave lost a days business and nobody showed up or contacted me.
Like your group we also had people who didn't show but the majority usually did and it went ahead..

A have sympathy for the OP but a can also see why the skipper is angry, maybe he was naive in using a verbal contract and a handshake but a can't see him being that naive again.
A lot of my customers would probably be offended if i slapped a contract in front of them but a small business cannot sustain losses like that and survive, if my regulars stiffed me a few times then i would have no choice.
People think when you run a business that you are loaded, its simply not true and we don't have the safety of a balanced weekly income..

[billy2]

ahh well let him try he don't have my name or address i did a direct bank transfer for the deposit so he basically looking for a needle in a haystack as far as i am concerned ! no mention to me of terms of cancellation was given on the phone he has ?100 for a day off he cant say its cost him anything as he was not providing anything you could say fuel but he will still have this to use another day ! think he needs to re asess his booking procedures in future

non of the others new the name of the skipper or boat we was going on i was asked to book a boat for the day for fishing which i did to be honest i could not even tel you the name of the boat i had a guys number which i googked and rang him to book .

well why look for legal advice ???

[Jo-Jo]

to see where i actually stood in the even he does find the needle in a haystack and also i was debating with a friend that he had no legal right to ask for full amount and he said he did so wanted to clarify

[CaptainCretin]

Of course if he wants to find out where he stands and tries a Google search, the search terms used might turn up this thread and then you will be in poo up to your armpits.

Your friend is correct, he cannt claim the full amount off of you, but a Judge may well say 25-50% as you failed to cancel, plus his legals fees.

As suing music/film Pirates via an IP address has shown, it is possible to sue someone using a "John Doe".

[polt]

ahh well let him try he don't have my name or address i did a direct bank transfer for the deposit so he basically looking for a needle in a haystack as far as i am concerned ! no mention to me of terms of cancellation was given on the phone he has ?100 for a day off he cant say its cost him anything as he was not providing anything you could say fuel but he will still have this to use another day ! think he needs to re asess his booking procedures in future

non of the others new the name of the skipper or boat we was going on i was asked to book a boat for the day for fishing which i did to be honest i could not even tel you the name of the boat i had a guys number which i googked and rang him to book .

so by doing the direct bank transfer did you do this using your account? and what did you put in the reference section - if you left it blank and done it directly from your account then it comes up the account number and you will be traceable through that.

[billy2]

this hole topic smells very fishy