Static caravans/ mobile homes warning !

Helen27 I have just read your post and I think I may be able to offer some help.

There are so many of these holiday parks who just rip people off to suit themselves. The park that tried to rip me off didn't succeed although it did take time and effort get my money back.

Firstly, Park Holidays UK are members of the BH & HPA and the National Caravan Council, I checked, so the first thing to do is to make an official complaint to the park about the mis-selling of your van and that you want your money back or at least some of it. You decide what you consider is a fair amount, don't just walk away. Just remember that a contract can be legally binding whether it is in writing or verbal. Make sure you speak to Trading Standards and tell them the full story. Make sure you get a copy of the Code of Practice from the BH & HPA and NCC and read what these site owners should be doing as opposed to what they are doing. With my first case to get site fees refunded, after lengthy correspondence with both of these bodies, they made it clear that double charging of site fees when a caravan was sold was not allowed. It still goes on, we know that, but it is in the Code of Practice. If it isn't in that code, I have an email from the NCC that says it is so there's no getting out of that one.

When the site comes back and tells you to go away it isn't going to do anything ask them for their full complaints procedure which should include the option of involving the BH & HPA and/or the NCC. Follow the procedure through BOTH of these trade bodies. It will get to the arbitration stage, the site will give a load of non descript answers so the trade bodies will tell you to go to arbitration, that's when the site is asked to pay for the arbitration and you can guess they won't, so by doing that these sites think you'll go away. You don't have to pay anything so keep harassing.

The site will refuse, they always do, so take action through the small claims court to get a refund for their mis-selling and breach of contract plus if you have a look at the licence agreement you will almost certainly find an unfair term in that agreement.

Send a letter before action, recorded delivery. The site will think you are bluffing so will possibly write back to you telling you they are disappointed in your action but more or less telling you to go ahead.

Make sure you then write to the Director General of the BH & HPA. It was a Mrs. Ros. Pritchard but I think that her deputy may now be in charge, a Mrs. Joan Clarke. Make sure you write to the Director general of the NCC as well, email them for a quicker response but make sure you put a flag on so there is confirmation that they have opened the email. Any letters you must send recorded and signed for.

Don't be afraid of taking court action, it isn't as daunting as you may think and although at the moment there isn't really any cast iron legislation specifically for caravan owners, you have got consumer protection laws and you can use them.

You also need to have a look at the OFT guidance on unfair terms in licence agreements for holiday caravans, a very useful piece of kit. Again, long and drawn out I know, but please read it.

Regarding your agreement, if your agreement says that a buyer pays a commission and then you as a seller end up paying it, contest it. That is a blatant and clear breach of contract. I got most of my 15% back because of that. The site I dealt with offered a settlement out of court. There were a few threats, which were just hot air, but in the end I got most of it back.

These people are bullies and rely on owners being too scared to do anything about it. There is a law of Consumer Protection from Unfair Trading Regulations 2008, very very useful.

Email me if you like, I'll try and help where I can but most of all don't be scared of these people they are just bullies.

Sorry, but I have to counter all this.

I bought a static caravan three years ago on a private site in Norfolk (so not Park Homes). I went in with my eyes open knowing that my initial "investment" would effectively reduce to zero over time. I knew that it was the same as buying a car - it would depreciate. I read the contract - it gives me nine years with the option to extend after that if both parties want to.

No age limit on caravans, just a clause that says the caravans must be kept in a neat and tidy condition. There are vans on site that are over 20 years old but because they have been looked after it's not an issue.

I know that if I want to sell my van before the contract is up then I have to sell it to the site. This was made clear before I signed up.

No sub-letting allowed, so no option to make money, but on the flip side it means you know exactly who is going to be on your site and who your neighbours are.

Yes, ground rent is expensive, but again I knew what it was when I bought the van and I knew it could go up each year (so far increases have been kept very low).

At the end of the day I have two school age kids. The van allows us to take 7 weeks holiday a year at peak times (and weekends whenever we feel like it). I wouldn't be able to afford that amount of holiday otherwise. Worth every penny.

OP, I feel for you, I really do, but I think you have just been unlucky with your choice of park. It's not all doom and gloom.

pulliptears wrote: »

Its been the same way for years, in fact I don't know why people continue to buy them to be.

I think a lot of people are buying them at the present time not as holiday homes but because they think it will offer cheap living for a few months/couple of years. Was this why you brought yours Helen?

It would probably be a good idea if your capital outlay was protected but as already pointed out, it isn't and you are likely to loose the lot.

Thank you for warning others Helen and good luck with trying to get some of your money back.