advice on static caravan

[terrig48]

Hi, we have a caravan sited on a large site owned by bourne leisure, the caravan was bought by my partner, not me and we are not married, late last year my partner had a stroke which left him unable to walk etc and needs 24hr care, due to the bank account for this caravan being in his name some time ago before he got really ill we went to a solicitor for me to get a power of attorney for th epurpose to run the caravan and have access to his bank to pay the bills etc, this has took for ever, the outcome was that we ended up paying £2000 less last year for the site fees which are due now, we have had this caravan bearing in mind for several years and never paid a bill late, I have also kept the company up to date with progress of our problems and heard nothing at all from them from Dec 09, except a bill saying we owe £5,780 which is £2000 from last year and the rest due 1st March 2010, yesterday we receievd a letter saying we have 7 days to remove our persoal items from the caravan and hey will put it up for sale due to non payment, even if we wanted to we have no way of moving anything, I dont drive and due to the care my partner needs couldnt go on my own and empty it out, can they do this, forgot to add power of attorney still in the process of being done, but as a solicitor has to be involved and due to partners unable to move around things have become impossible.

Edited March 3, 2010 by terrig48
extra bit added

[buzby]

Whether they can do this will be part of their Terms and Conditions of let/rental. This should be a document within your paperwork from the firm. I would say, it sounds pretty typical of such places. They've given a waiver for a year to allow the affairs to be sorted, and have now decided that matters need regularised and the indebtedness rectified.

 

You don't say whether the payment due is not being paid due to circumstances or because you are waiting for a PoA to be activated? It shouldn't take longer than 21 days to process. However, I can;t see how mobility is an issue if only a cheque has to be signed and posted, or the money transferred to you for forwarding to the company.

[terrig48]

Hi, should have explained fully, my partner annot speak or write due to the stroke and he is totally imobile and still in hospital, they have been advised of this and am just waiting for the poa to get sorted, this has took 3 weeks so far due to difficulties, and as its not my account I cannot write a cheque, just that they really will not wait a short while more for payment.

[buzby]

I'd phone them - saying you are waiting the PoA and expect the matter to be concluded in a week or two, and the debt will be cleared then.

 

It's a shame firms are not prepared to be anything other than ruthless...

[JimmySpangle]

I would get on to the local TV station for that area. They love a story like this and it always has the magical power of getting them to change their sad sorry little minds.

[buzby]

Like... Border TV, or Tyne Tees... Yorkshire.... TVS/TSW... Meridian.

 

Local TV stations haven't existed for ages now. And then there's BBC's 'Watchdog'. Get a few folk in a similar situation and hope they'll do something? Perhaps.

 

The truth is, they don't give a monkeys about 'a story like this'. Maybe in the 00's folk won't want carp TV and prefer local issues - but it sure doesn't exist at the moment.

[terrig48]

Thanks for the responses, I have rang them and they said that the £2000 had to be paid by the 1st March, and somone will get back to me tomorrow, I'm not looking forward to their response though as I found a site where there are other people in the same situation as me, who I have been intouch with and they have sold off other caravans for non payment, but surely non payment for a specific reason should have some reason for them to listen, I mean they havent got to wait long, but will just have to wait and see.

[buzby]

Someone will be responsible for this 'policy' but you have to realise that those who DO have legitimate excuses are just lumped in with all other non-paying 'customers' as (1) they've been lied to before, and (2) There is the potential that such a breach can be to their advantage by allowing later development, perhaps at higher financial rewards.

 

No outfit appears to be willing to compromise these days - nobody is given any leeway, and mistakes not tolerated (where previously, a certain amount of latitude might have previously been allowed).

 

In your shoes, I'd call your solicitor to send a letter to the site PDQ, stating that he is aware of their request for payment and will process it when the paperwork is completed. In the meantime he'd appreciate their forbearance whilst the issue is resolved. This means it put THEM on the back foot, and can give you a limited amount of breathing space. Best yet, the solicitor might to it as part of the PoA package price.

[terrig48]

Someone will be responsible for this 'policy' but you have to realise that those who DO have legitimate excuses are just lumped in with all other non-paying 'customers' as (1) they've been lied to before, and (2) There is the potential that such a breach can be to their advantage by allowing later development, perhaps at higher financial rewards.

 

No outfit appears to be willing to compromise these days - nobody is given any leeway, and mistakes not tolerated (where previously, a certain amount of latitude might have previously been allowed).

 

In your shoes, I'd call your solicitor to send a letter to the site PDQ, stating that he is aware of their request for payment and will process it when the paperwork is completed. In the meantime he'd appreciate their forbearance whilst the issue is resolved. This means it put THEM on the back foot, and can give you a limited amount of breathing space. Best yet, the solicitor might to it as part of the PoA package price.

 

 

Thanks for this advice really really appreciated, will ring our solicitor tomorrow.

[JimmySpangle]

Like... Border TV, or Tyne Tees... Yorkshire.... TVS/TSW... Meridian.

 

Local TV stations haven't existed for ages now. And then there's BBC's 'Watchdog'. Get a few folk in a similar situation and hope they'll do something? Perhaps.

 

The truth is, they don't give a monkeys about 'a story like this'. Maybe in the 00's folk won't want carp TV and prefer local issues - but it sure doesn't exist at the moment.

 

Well, in the East Midlands we certainly have BBC for the East Midlands and ITV's Central news. So they certainly DO exist.

 

Looks like you are WRONG then Buzby doesn't it?

[buzby]

Afraid not. That is REGIONAL tv. Remember CENTRAL used to be local? East/West? Or have you convenienly forgotten that too?

 

Just keep us posted on all these 'local issues' that make it to air - won't you?

[JimmySpangle]

Yes I forgot all that and now you must feel all smug up there in Scottyland. You sad, sad, sad and utterly pointless worm.

 

I was trying to help a forum member. You are clearly trying to score points. Go ahead. I have a life.

[buzby]

Let's see... you suggest they go to a TV company, in the fervent hope someone there will take pity and threated to embarrass a pretty large organisation about its (perfectly) reasonable - if unfair in this instance, practices. Whilst I suggest they get a solicitor (who is already dealing with part of the issue) to take the strain and validate their claim.

 

For a worm, that's a pretty intelligent and solution - assuming it works of course. In the meantime, if all you can so is hurl abuse and believe it to be 'point scoring', I'll just have to put up with it, you're not the first and won't be the last.

[Kraken1]

Sorry Jim, daft advice. Very low likelihood that it will get the OP anywhere.

 

As for this

you sad, sad, sad and utterly pointless worm.

. Nice to see a good example of the quality of your advice.

 

To the OP - who actually owns the caravan?

Edited March 5, 2010 by Kraken1

[terrig48]

Hi, my partner owns the caravan, bought in full 7 yrs ago, however the site own th eland or pitch its on, an from 1st March the 2010-2011 site fees were due, have to be paid in advance. Have been in contact with the site and have been told it will be sold, and we have 7 days to collect the items we want, yet I have read the terms and conditions and have noted them,

 

 

FAILURE TO PAY ANNUAL PITCH FEE OR OTHER CHARGES

9.1 If the Owner fails to pay

(a) any part of the Annual Pitch Fee by the due dates under the payment method chosen by him in accordance with

clause 6.5; or

(b) any part of the Other Charges by the due dates under the payment method chosen by him in accordance with clause

7.7 the Company may follow the procedure set out in this clause. This procedure does not affect any right the

Company may have to terminate this Agreement in accordance with clause 15 and does not affect the provisions of

clause 21.7 regarding interest on outstanding sums.

9.2 The Company may send the Owner a written reminder requesting payment of the outstanding part of the Annual Pitch Fee

or Other Charge, as appropriate. If, within 14 days after the written reminder is sent the Owner fails to pay the sum

requested, the Company may send the Owner a second written reminder.

9.3 If the Owner does not pay the sum requested within 14 days after the second reminder has been sent, the Company may

remove the Caravan from the Pitch and place it in storage until such time as the Owner has paid all outstanding sums

owed to the Company. For the avoidance of doubt, the provisions of clause 17.3 shall apply in this case.

9.4 Whilst the Caravan is in storage pursuant to clause 9.3, the Owner shall pay to the Company a storage fee at a weekly rate

equivalent to 1 % of the Annual Pitch Fee, from the date of removal of the Caravan from the Pitch to the date of payment by

the Owner of all outstanding sums owed to the Company. Insurance of the Caravan during any period during which it is in

storage pursuant to clause 9.3 shall remain the responsibility of the Owner.

9.5 Following payment by the Owner of all outstanding sums owed to the Company, the Company shall replace the Caravan

on the Pitch, and reconnect it. The Company will charge a reasonable fee for this.

9.6 If any sums remain owing to the Company for more than three months after the Caravan has been taken into storage

pursuant to clause 9.3, the Company may, after giving not less than 10 days' written notice to the Owner, sell the Caravan

on behalf of the Owner, and account to the Owner for the proceeds of sale, less any sums owed by the Owner to the

Company, any outstanding finance charges and any expenses of sales. The price for the Caravan will be the best price

reasonably obtainable by the Company for the Caravan, on the basis that the Caravan will not have the benefit of a licence

agreement.

We have had no letters from them except a statement of charges due in April this year and our normal site letter of dates of whats on, no warning letters at all, it even states if they sell they cannot give us less than 10 days notice, they have given us 7 days to pack up and clear off, I will be passing this on to our solicitor,

as for probate, unsure what this means unless someone dies? Going up against a company as big as this basically they dont give a dam about anyone being ill and it appears that they are not willing to wait for the POA to get sorted,

[Bookworm]

According to their own T&Cs. It clearly states the timelines in what you have copied above:

 

Written reminder 1, 14 days, writen reminder 2, 14 days, storage for MORE than 3 months, THEN 10 days notice minimum of intent to sell.

 

By my calculations, that's 1 month + 3 months + 10 days. Now it could be argued that the 3 months have indeed past, but they are in breach of their own T&Cs if they only give you 7 days to collect your stuff because of intent ot sell. Furthermore, if they only ever sent you 1 reminder then they're in breach there too. If they want to hold you to the terms, then they have to follow them too, simple as that.

Edited March 5, 2010 by Bookworm
Not properly awake, misread things.

[terrig48]

Hi, thanks for the reply, the caravan is still on the pitch, theres no storage up there, I have seen it happen topeople I know, they just move it from the pitch and place it on a very large car park, our cleaner we had lives near the site and was there yesterday, and the caravan is still there, gona see our solicitor today and get them to go through it and send them a letter, thanks again for the reply.