Static caravan sales.

[johnt12]

Is there someone out there who can help with my queries about the sale of static caravans. If you sell a static caravan the site owner charges the new purchaser 15% plus vat of the purchace price. I have queried this with the site owners and they state it is their commission. The transfer does not involve much work as the caravan stays where it is and there is little or no paperwork is it legal/justified for them to do this?
Query 2 some Site owners are also ripping people off who cannot afford to keep there caravan on for the next year due to price increases or their spouse has died or they are elderely. They are forced to sell the caravan to the site owner who then offers them a very small amount ie £500 for a caravan that they offer for sale a few days later for £10500 can this be fair/ legal/justified?

[callumsgran]

As far as i'm aware it's perfectly legal
Whether it's fair or justified is a matter of opinion

[Lula]

Hi there, is there anything in the terms and conditions? it certainly smacks of an unfair penalty! oh btw, my Auntie lives in NuL, and I went to school in Tunstall lol

[sharkie]

johnt12

Your right unfortunately its the old small print catch again, there is a site near us that has just sold for a massive amount of money, some owners that were residents for almost 20 years were told their vans were to old and they had 2 weeks to buy a new one at around 100k or remove it.
Some just through the keys in, a couple actually bought, and around twenty moved.
Now the rule is 10 years and buy or leave, and the ground rent has doubled.
You have to buy from the site, and you have to sell to, or through the site.

[johnt12]

Thanks for the replies, I realise that "We have to Pay" but that is what was said about Bank charges if enough of us complain we might be able to do something

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[butty_a]

Have to buy and sell through the site, isn't that restricting the owners right, thought we live in a free market, that sounds more like a monopoly all be it on a 3 acre scale. I thought the consumer with unrestricted goods can buy and sell from whomever they wish to, can understand charging a delivery fee i.e the time for somebody to over see a delivery etc but I didn't think they can restrict you buying and selling rights.

[laguna]

Originally Posted by sharkie

johnt12

Your right unfortunately its the old small print catch again, there is a site near us that has just sold for a massive amount of money, some owners that were residents for almost 20 years were told their vans were to old and they had 2 weeks to buy a new one at around 100k or remove it.
Some just through the keys in, a couple actually bought, and around twenty moved.
Now the rule is 10 years and buy or leave, and the ground rent has doubled.
You have to buy from the site, and you have to sell to, or through the site.

I didn't know they could force you off the site like that. I have a static on a site that's just won a licence to change to a retirement/residential complex type thing as apposed to a holiday park after fighting the council in court so does that mean i may be told then to get off unless i spend silly money buying a new van from them?
Are there no laws to protect caravan owners when these changes happen on a site?
The site near you isn't in Scotland is it?

[sharkie]

Originally Posted by laguna

I didn't know they could force you off the site like that. I have a static on a site that's just won a licence to change to a retirement/residential complex type thing as apposed to a holiday park after fighting the council in court so does that mean i may be told then to get off unless i spend silly money buying a new van from them?
Are there no laws to protect caravan owners when these changes happen on a site?
The site near you isn't in Scotland is it?

No its in the dales.
It depends on that old chestnut "the small print", my understanding is that the residents on the site trusted the previous owner, and had not fully understood their legal standing, there was no hint of a sale until it happened.
I believe a great number had no real contract as such, so when the new owners started the redevelopment of the first segment they issued them with 2 weeks notice, basically buy, sell, or move, it was so quick it must have been set up.
Some had just spent a considerable amount on new deck areas, outside furniture, etc, they were just ripped it out, and piled it up.

It seems now to have backfired a bit, the high price they were charging (105k for a standard size) has now dropped and they are offering a 75k version, their 6 month opening remit has now spread to 9 months, the ground rent has doubled, and they have failed in all their attempts to get any further development rights.
To be honest I can't see how it can be viable, sales appear to be non existent, and their main income the current ground rent payers are gradually removing their vans and going.
I know they get the stock on a type of sale or return basis, but quite a few have been there for about 12 months, I'm sure they will have to pay for them after a set period.

[gypsysaffy]

Hi We are selling a caravan at the moment on a haven site and although the caravan belongs to us if we sell the caravan the people have got to pay the site whatever we have sold it for and then will give us the money in 21 days. I queried this and asked if they were going to give me interest on my money for the length of time they had it. I really dont think this is fair as i owe them no money in fact they may owe me money, is there anything i can do about this. Please can anyone help me they also charge a 15% charge on what ever we sell the caravan for. Does anyone no my rights about giving them the money first before they release it to me.

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[laguna]

My sites the same, Buy new at stupid money or be moved to another part of the site just now but i am asking myself if its worth the hassle staying or should i terminate my finance and walk away.

[smartie32]

Hi to you all.

I have purchased a caravan recently with stringent terms on them. I challenged them. Mine said I could only sell the caravan back to the site or take it off site. I informed them I would be contacting the British Parks Association and the Trading Standards Office. They have now agreed I can sell my caravan with no commission.

If the park is a member of the British Parks Association you could download their code of conduct for park owners. It is quite enlightening. Also the Office of Fair Trading has a guide to static caravan owning. You could find some of your problems could come under the Unfair Contract Terms Act. Perhaps it would be a good idea to forward the caravan site's contract to the Office of Fair Trading to see. They could be prosecuted.

[johnhowell]

Originally Posted by smartie32

Hi to you all.

I have purchased a caravan recently with stringent terms on them. I challenged them. Mine said I could only sell the caravan back to the site or take it off site. I informed them I would be contacting the British Parks Association and the Trading Standards Office. They have now agreed I can sell my caravan with no commission.

If the park is a member of the British Parks Association you could download their code of conduct for park owners. It is quite enlightening. Also the Office of Fair Trading has a guide to static caravan owning. You could find some of your problems could come under the Unfair Contract Terms Act. Perhaps it would be a good idea to forward the caravan site's contract to the Office of Fair Trading to see. They could be prosecuted.

Smartie,
It this only for full time residential sites or does it apply to "9 months a year" sites?

Regards,
John

Originally Posted by johnt12

Is there someone out there who can help with my queries about the sale of static caravans. If you sell a static caravan the site owner charges the new purchaser 15% plus vat of the purchace price. I have queried this with the site owners and they state it is their commission. The transfer does not involve much work as the caravan stays where it is and there is little or no paperwork is it legal/justified for them to do this?

I have 1st hand experience of this. I sold a van and recovered the 15% commission in the county court. The law was Regulation5(5) of the Unfair Terms in Consumer Contracts Regulations 1999 because the consumer did not agree to the contract at purchase and the van park unilaterally varied the terms without the consumers consent a year later imposing new fees without giving the consumer reasonable opportunity to become acquainted with those terms or exit the contract without penalty.

Originally Posted by johnt12

Query 2 some Site owners are also ripping people off who cannot afford to keep there caravan on for the next year due to price increases or their spouse has died or they are elderely. They are forced to sell the caravan to the site owner who then offers them a very small amount ie £500 for a caravan that they offer for sale a few days later for £10500 can this be fair/ legal/justified?

If a van park says they sold your van for £500 and you knock the door and the new owner says they paid £10 grand for it then the park has committed an offence under Section 2 of the Fraud Act 2006, its embezzlement of goods. Contact police and file a civil claim against the van park for £9500.

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[Anthony2505]

Hi,

I actually work in the touring caravan market. We have often wondered about how static sites get to put in there contract that you have to buy from them and sell to them.

Our Glasses guide also contains static trade and retail prices. They truly are mammoth apart. But if anybody wants the "Glasses" trade and retail then drop me a line.