termination of verbal contract

Bantex_2

You could possibly claim some sort of squatters rights.

paul112

Bantex wrote: »

You could possibly claim some sort of squatters rights.

The problem with doing that is that there have already been a few security issues regarding damage/theft to caravans (strangely - only since the new owners took over) and with the gates being left open we cannot afford to take that risk as our insurance will be invalid.

paul112

InsideInsurance wrote: »

Simultaneously approach both, and ask for a refund or whatever it is you believe you are entitled to.

If either party refuse because they say the other side is the one liable then get them to clarify the points of Ltd -v- Sole trader and what was actually sold.

Are there any signs up around the place naming the "businesses"? You could look on Companies House's registry for similar named companies and see if theres been any recent filings to change the directors etc.

Thanks, will do. No signs up naming the business and nothing on companies house. Absolutely no mention of caravan storage for the previous owner either - the only business showing on there is livery & farming for the previous owner.


Also, if either party refuses to communicate with us, would our next step be a solicitor? If so, I'm not sure whether it would be worth it for a few hundred pounds as I would be worried about the fees outweighing it. Just one more thing, would it be worth getting together collectively with some of the other caravan owners or do we each have to do it separately?

InsideInsurance

How much are we talking?

The cost of solicitors would be on your head unless the total cost of the claim is over £10,000 as it fits within the small track of the court (aka small claims court)

The norm would be to deal with things yourselves and simply send a letter before action with a reasonable time limit for them to respond otherwise you will issue court proceedings. If they want to call the other side as co-defendant due to the sale/ purchase is up to them.


Up to you if you want to talk to the other owners about trying to negotiate a deal with a haulage company or another caravan store etc. I am guessing these are static caravans and not tourers then

paul112

InsideInsurance wrote: »

How much are we talking?

The cost of solicitors would be on your head unless the total cost of the claim is over £10,000 as it fits within the small track of the court (aka small claims court)

The norm would be to deal with things yourselves and simply send a letter before action with a reasonable time limit for them to respond otherwise you will issue court proceedings. If they want to call the other side as co-defendant due to the sale/ purchase is up to them.


Up to you if you want to talk to the other owners about trying to negotiate a deal with a haulage company or another caravan store etc. I am guessing these are static caravans and not tourers then

No, they are touring caravans (values probably ranging between £1k -£20k each). We are a few hundred pounds out of pocket here. Not to mention the fact that storage in our area is difficult to come by. When we are being told that we need to leave immediately it is not something that can be arranged easily. We are not only under pressure to find somewhere (possibly up to 20 miles away from where we live) but we will also have to pay upfront for another 12 months storage.

bris

paul112 wrote: »

The new owners have mentioned in what looks to be a standard email that there are problems with the contract between themselves and the previous owner in relation to the caravan storage and as such they are terminating the caravan storage immediately.

This looks to me like the new owner never did take on the caravan storage so the old owner should have sorted this with you. I believe liability lies with the old owner.

The problem will lie in the fact there are now all these caravans on his land with no income from it and no contract with you for your caravan to be there.

There is no doubt someone owes you money so in a case like this I would sue both jointly and let the court sort it out.

pinkshoes

I think I would be tempted to write to the new owner, stating the terms that all the caravan owners have signed up to, and asking the new owner to prove that he is NOT responsible for these contracts.

I'd send a copy to the previous owner to.

Do you know which solicitor dealt with the sale?

arcon5

If you was dealing with a Ltd company you should be aware of this, whether it be you paid in to a companty account, POs. Whatever.

A sole trader cannot sell on his contractual liability without both parties agreement. Neither can a Ltd, but a limited can have a change of owner.

sounds like any redress is with the previous owner.

although I'm sure the New owner may have some obligations, possibly even be deemed bailee

InsideInsurance

arcon5 wrote: »

If you was dealing with a Ltd company you should be aware of this, whether it be you paid in to a companty account, POs. Whatever.

You should always be aware what the legal entity is that you are buying from. Assuming thats not been done though the payment if done by cash or bank transfer is not really going to reveal who owns the account the money goes into.

Whilst I know who my contract with my accountants is with, a Ltd, all I have is an account number and sort code to pay the money into. I assume its the company's account but have no way (or need) to confirm this.

philatio

Either the new or the old owner is pulling a fast one here.

It's unbelievable to think that in the discussions between the two about the sale of the business and/or land nobody thought to say "but what about all those caravans ?"