Static caravans/ mobile homes warning !

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  • Helen27
    Helen27 Posts: 53 Forumite
    First Post First Anniversary Combo Breaker
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    Hi Rockon
    I couldn't agree more. There is a missing link though.

    How can thousands of people be ripped off and the parks still
    Allowed to operate ? No one will touch them ... Why?
    Is it due to lack of legislation ? NACO deal with 30000 complaints surly that's enough to get legislation ? Any idea who needs to be approached ?
    Local MP maybe? Your thoughts ?
    Kind regards
  • TonySussex
    TonySussex Posts: 3 Newbie
    edited 26 December 2012 at 5:00PM
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    Helen27.
    Thank you for the information. I have been fighting Park Holidays for a year now. I suffer from very poor health and I am registered disabled. My story is too long and complicated to write here, but basically I bought a de-luxe caravan on Beauport Holiday Park two years ago for £37,000. I was totally misled by the sales staff, who I trusted (I had no reason not to believe them foolishly). A year later when things all went wrong I tried to sell my van back to Park Holidays. They offered me £11,000. I told them this was unacceptable and went to a solicitor for advice. £3,500 in legal fees later Park Holidays have now re-possessed my van (which had been unnocupied for a year, and as I had given notice and cancelled my contract, any money Park Holidays say was owed was in dispute because of misrepresentations made at the time of purchase). They kept me waiting for months - ignoring letters, not returning phone calls, telling me that they had written to me, or emailed me when nothing arrived etc etc etc. They have now 'sold' my van (as they say I am in default?) and sent me a cheque for £8,100 after deducting site fees for the last year even though my contract was cancelled. An identical van to my own is being sold on one of their other sites for £39,950 - which is £30,000 more than they have sent to me.
    I have photographs, maps of the site etc as evidence of what has happened to me, but everything has just been ignored.
    Sorry if this is a bit scrambled - It's 2am and I can't sleep as I am so stressed with this.
    Any help or advice would be very much appreciated. I feel so stupid for being taken in and trusting them. After the legal fees I have already paid, I have lost £32,500 - most of my life savings.
    I just don't have the energy to keep fighting for much longer, my health is worse than ever with all the stress and anxiety over the past year.
    I hope someone can suggest something I can do.
    Please don't get caught in the same trap as I was, you could lose everything.
    Thank you for reading this, Tony
  • Helen27
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    Hi Tony
    I was so sorry to read about your sad situation. My heart does go out to you, it's a bitter pill to swallow and is exactly why I started this to warn people of the pitfalls.
    I am sorry you have spent so much money on legal fees. It may have been more cost effective to to a barrister... This could be a more cost effective option if you want to carry on.the Barrister could tell you if you have a chance in court.You can find a Barrister on line, many offer this service to the general public.Are you a member of NACO ? They are fantastic will draft letters on your behalf. Well worth the nominal annual subs.
    I know beauport, a lovely location, regrettably yet another site who according to what I have read, were not honest with you regarding the trade value when it comes to selling. Did you get anything in writing in this regard?have you sent at least two registered letters? If so you could approach Trading standards via your local CAB, or Internet. If they can't help you they will refer you to the courts, I assume this as it was what I was told before I got the news that I was being paid out.
    I'd like to point out that I owed no money on the caravan I had.
    You mentioned a contract, I had the usual but like you gave notice not to renew for the 2013.
    I thought caravans would be towed off park.to charge you all that money for "storage" is a rip off. On the other hand it's tricky without a contract even more so if you cancelled it.
    So much of their dealings are infuriating and unacceptable. Have you complained to Jeff Sills the CEO ?do it in writing and send it recorded mail.
    I have no legal background so can't help you but there maybe someone out there who can.
    Please don't let it get you down.if its any comfort we feel your pain frustration anger.

    Kind regards
    Fiona
  • codger
    codger Posts: 2,079 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
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    TonySussex wrote: »
    Helen27.
    Thank you for the information. I have been fighting Park Holidays for a year now. . . . After the legal fees I have already paid, I have lost £32,500 - most of my life savings.
    I just don't have the energy to keep fighting for much longer, my health is worse than ever with all the stress and anxiety over the past year.
    I hope someone can suggest something I can do.
    Please don't get caught in the same trap as I was, you could lose everything.
    Thank you for reading this, Tony

    It's indicative of the issues surrounding your post that so few have commented. I don't know how 'complicated' your story is, Tony, but to wind up in the situation you've chronicled here is waaaaaay beyond the usual cry for help seen on here.

    And though Helen is obviously trying to offer constructive help, the *last* thing you should think of doing is going anywhere near a barrister.

    Which brings me to a couple of points. A £3,500 legal bill is, well. . . Huge. You don't say if your solicitors instructed a barrister in this case or, indeed, if there even was a case. You don't say what your legal representative was actually being paid to achieve on your behalf.

    It's also confusing to see your reference to your static van being 're-possessed', because your post makes clear you purchased it outright. If only one year's worth of ground rent was in dispute -- and that could surely not have been more than £3,000 at Park Holidays (albeit a damn sight more than I'd ever pay any caravan park) -- then quite how the park could re-possess that which isn't owned by it escapes me.

    I'd strongly recommend you forget MSE and get in touch with your local Citizens' Advice or, if there is one, a local Law Centre. As things stand, it seems you have a problem not only with the other party to the contract but also with whichever law firm you hired to do whatever it was that isn't specified in your post but which landed you with a £3,500 bill and no result.

    You might also wish to register with this specific, consumer protection forum which has been going for many years and has a wealth of experience and contacts to draw upon:

    http://www.consumeractiongroup.co.uk/forum/content.php
  • TonySussex
    TonySussex Posts: 3 Newbie
    edited 26 December 2012 at 5:04PM
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    Helen27 and codger.
    Thanks so much for you replies.
    I will try to explain more fully the history of what has happened. I hadn't wanted to 'flood' this thread with my own problems, so tried to be as brief as possible.
    Basically, when I purchased my van (a 40 foot model), there was only one plot on the park which I liked as it was secluded with a nice outlook. I had been treated for a prostate tumour for the previous six months and needed a quiet and relaxing place to go and recover. I carefully explained my requirements regarding the site, and I was shown the official site plan and given maps of the same, clearly showing that if any new vans were installed opposite my own, my views/outlook would not be spoiled. I only went ahead with the purchase because of the infomation I had been given.
    11 months later, a new van was installed directly opposite my own. Both vans (mine and the new one) have fully glazed 'front' ends, so the new van looks straight into my own van, and I lost all of my privacy.
    I complained to the site manager who stated that the maps and plans I had been given 'were for reference only' and didn't mean anything. And that it was his job to 'fit as many vans into the available space as possible'. I tried to explain to him that I had purchased the van in good faith (because of the information I had been given) to which he replied 'do you have anything in writing?'. After having been given site plans and maps, I hadn't even thought about the need to have it written into the contract.
    As there were no other plots available/suitable for my van, I gave 3 months notice and told the manager that I wanted to sell my van back to Park Holidays. My site fees had been paid up until the end of 2011 so I thought there would be ample time to sell my van. However, four months later I was still waiting for an offer (inspite of numerous phone calls, emails, letters on my part). I eventually managed to speak to the sales manager who offered me the £11,000. By this time the site fees were due (but my contract was cancelled).
    I then went to a local solicitor (£200 plus VAT per hour), got nowhere so paid for a Barrister's Opinion (£1,500). Basically, the Barrister didn't feel my case was guaranteed (misrepresented sale act) and estimated that my costs would be circa £20,000 to go ahead - with no guarantee of winning and if I lost, I would have to pay Park Holidays fees. This was too 'rich' for me unfortunately.
    Park holidays insisted that I pay my site fees, council and water rates, late payment penalties for 2012 (totalling £3,800). I refused to pay the site fees as my contract was terminated. They told me that I must pay their fees and remove the van from their park within 14 days or it would be re-possessed(which is exactly what happened). I simply wasn't well enough to try to have the van moved to another site. My solicitor contacted them but their solicitor said that they had already sold the van, and returned the balance to me (as shown in my previous post).
    Sorry this is so long and complicated. I did try the CAB but they admitted that they had no experience in such matters as there was no legislation regarding holiday homes, and suggested legal advice.
    I have full photographic evidence and the two maps/plans I was given at time of purchase. Park Holidays have now changed their map/plan showing the revised layout and the new van opposite my own. Fortunately I have a .pdf copy of the old plan.
    Sorry this is such a long post again, I just don't know how else to give you the information.
    Thanks again, Tony
  • sandrajuk
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    I own a holiday caravan and am extremely happy, I also rent it out.

    To anyone considering purchasing one, I would give the following advise:

    1 - Make sure the park is a member of a trade association such as the British Holiday and Home Park Association or the National Caravan Council.

    2 - Don't buy on a park owned by a big company such as PHUK, only buy on a park owned by a friendly family who have owned it for a long time or a company that only own a small amount of parks. Large companies tend to buy and sell parks all the time and don't care who they sell them to.

    3 - Do your research. Find out what company policy is if you decide to sell your van - will they help you sell it and work for the 15% sales commission that they charge (this is standard at any holiday park) or will you be on your own. Avoid those parks that won't help. They cannot stop you from putting a for sale sign in the window of your van.

    4 - Talk to existing owners when you wonder around the park, see what they think. Make sure you ask owners of the older vans too. If the salesman won't let you walk around the park unaccompanied - avoid. Get in your car and leave at that point.
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