Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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? :-?
As far as i'm aware it's perfectly legal
Whether it's fair or justified is a matter of opinion
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
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
Lula
Lula v Abbey - Settled Lula v Abbey (2) - Settled Lula v Abbey (3) - Stayed
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.
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
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.
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?
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.
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.
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.
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.
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?
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.
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.
Hi Anthony 2505, I know that this is an old thread, but wondered if you were still able to find out a valuation for a static caravan?
I was made redundant back in March and have no way of paying the fees due for next year. I have had several chats with the site owner and i know he is leading up to ripping me off.
Wondered if you could look at the glasses guide for me?
My van is a Willerby Bermuda, year 200, 3 beds, central heated and double glazed. It's in exactly the same condition that I bought it in.
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.
I would be very interested in knowing the Glass's book value on an ABI Brisbane 32X12, 6 berth, manufactured in 2003, excellent condition and is being sold sited.
Many thanks
I know of this happening. Someone sold their van to site owner (Private site) they were offered £8.000.00, few weeks later it was sold to another family for the grand total of £14.000.00!
Hi, the person who said he would give you the Glasses price hasnt been on for quite some time and has only 8 posts to his name so i dont think he will be able to help you anytime soon
I QUESTION THEREFORE I AM!!
Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you!
I am from Hazelgrove Caravan Park in Saltburn by the Sea, Cleveland, our site was taken over by Tingdene parks Ltd, who are development a residential site within the holiday site. Since they arrived last November they have upset a lot of holiday caravan owners, through unilateral changes to prior agreements, which include changing the rules on private sales of caravans, relocating holiday caravans to make way for residential caravans, despite the original plots having an average of £7K spent on them which includes eloborate decking systems built with planning permission from the previous owners. We are informed that in 2012 we will not be issued annual site licences for our original plots. The new owners do not appear to want to give like for like relocations, so some of us are making a stand. To do this we have enlisted the aid of our local trading standards who are currently imposing the OFT model terms and conditions upon them with written agreements, this is in the early stages. We have also enlisted the help of our local MP, who has eventually forced a meeting between the site owners, himself and a representative from our site, which unfortunately is me. We also have the support of a local influencial paper, Coastal View who have been very helpful. We have formed a group, called Hazelgrove Caravan Holiday Park Supporters Club, made a blog site and created a facebook page with links to our blog site and various other interesting sites. Whilst we are in the early stages of what will become a serious challenge to the park owner Tingdene Parks Ltd, we feel that as Consumers which is all important, we have rights which includes respect.
Visit our facebook page and see for yourself, a lot of self help is absolutely free and gives you focus on what you want to acheive, there is always strength in numbers and you will be surprised at the local support that is freely available. Our facebook page can be found at Hazelgrove Caravan Holiday Park Supporters Club