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No idea where to start - parents bought caravan on site, not even sure if HP


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My parents have gotten into a right mess with a caravan purchase. They have gotten into debt for about £20,000 to buy a caravan, when they purchased it they were offered all sorts of incentives, but nothing was written on the contract. Even though there was a standard offer of free pitch for a year when they bought it, the park are refusing to honour this.

They have given me the paperwork they have which consists of a caravan purchase agreement with the park owners and a statement from Barclay of a fixed sum fixed rate account.

They don't appear to have a HP or credit agreement.

How would I start to untangle this to see what sort of contract they are in and if/how they can get out of it?

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Hi aBit

 

Are you seeking to establish if it's been mis-sold to them? It might be an idea to send the Park Owners a SAR request, they have 40 days to send you all the data they hold in your parents name. Then you need to go through all the documentation with a 'fine tooth comb'. SAR Tempales are in the library, just amend them. Google the Park Owners see if others were made promises and have complained about mis-selling. Contact Trading Standards to see if they have had complaints, because of the value they could look into the matter.

 

Maybe get an opinion from these people about what has been said to your parents, but don't give them the name of the park:-

http://www.bhhpa.org.uk/

 

Also you could get some help from :- http://www.nationalcaravan.co.uk/home/index.asp?rid=91

 

Once you get all the documentation, have a look at UCCTR.

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Normally static caravans are paid for cash or via a bank loan. Doubt if it would be HP. Unfortunately there is very little protection for static caravan owners and a lot of static caravan site owners take people to the cleaners. How old is the caravan? If they sold it again tomorrow, they probably woudl have to sell back to the site owner at a huge loss, i.e. they will probably get offered £8000 for it. I really think they will have to invest in a professional solicitor to resolve the issue.

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Thanks so much for the comments.

 

I think it is a bank loan, I have SAR'd Barclays, did not think it would be possible with the park owners, but I'll try that too.

 

I googled it before coming here, but it seems as though they are a law unto themselves with lots of people feeling as though they have been 'had'.

 

If they sell the van privately there are huge commisions to be paid to the site which make it not viable. The site have said they are not in a position to buy the van back, but I;m sure would 'do them a favour' and take it off their hands for peanuts.

 

Meanwhile they have massive site fees to find (which they though were included) by the end of this month. I can't find anything in the paperwork they have about what happens should the pitch fee's go overdue.

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Thanks so much for the comments.

 

I think it is a bank loan, I have SAR'd Barclays, did not think it would be possible with the park owners, but I'll try that too.

 

I googled it before coming here, but it seems as though they are a law unto themselves with lots of people feeling as though they have been 'had'.

 

If they sell the van privately there are huge commisions to be paid to the site which make it not viable. The site have said they are not in a position to buy the van back, but I;m sure would 'do them a favour' and take it off their hands for peanuts.

 

Meanwhile they have massive site fees to find (which they though were included) by the end of this month. I can't find anything in the paperwork they have about what happens should the pitch fee's go overdue.

As the caravan is on their property, they can prevent your parents using it any further. I am not sure if they would even require bailiffs fort any action as it is on their land. If your parents want to move it they will need the owner's permission and if he does nto grant it, you have another issue. You really need to consult a solicitor and quick.

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  • 1 month later...

SAR came back this week. It's a loan through Barclays Partner Finance. Letter says 'Please note we have only been able to supply a true copy of the credit agreement'.

Then there are 3 copies of the credit agreement, none of which have any signatures, not surprising as it's the first time my dad has seen them.

there is a client compliance confirmation which has a space for salesperson's name (not filled in) and not signed by anyone.

 

The full extent of the papers returned from park owners is a copy of the caravan purchase agreement and pitch licence agreement. These are signed and they have the figures for caravan purchase, gas etc, and the amount to be provided by Barclays this figure does not correspond with anything from Barclays.

 

I'm like help with what the next step should be with this.

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Can your dad remember how he was supposed to pay back the amount ? Do you still have a copy of the purchase agreement ? Can you possibly post up the credit agreement here (from Barclays) minus any personal details ?

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My inital thought is that if there isn't an executed agreement then it would be unenforceable, however I am not sure of the implications of the caravan purchase agreement, I think you should also check whether the caravan park have a credit licence to be able to offer these loans. It would be interesting if you could post up both agreements (but leave off all personal details or anything that might identify your dad). Has your dad received a default notice ? You should also (I think) have received a copy of the credit agreement and I think you may have been able to have a 'cooling off' period too but hopefully others will contribute/advise on this thread....

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The below is an example, but it should hopefully give you some more direction on his rights.....what I am saying here (and please do say if you disagree) he was sold the caravan with a number of add ons and extras which obviously the site are not prepared to fulfill......(this is aside from the agreement being potentially unenforceable). What I am saying here is that the site is not fulfilling their part of the deal and this is likely to have made a significant difference to your dads decision not to purchase which (as said below) - "cause the average consumer to take a

different decision about the package"

 

7.8 The ‘consumer’s rights’ include rights the consumer may

have under Part 5A of the Sale of Goods Act 1979 or Part 1B

of the Supply of Goods and Services Act 1982.

Examples:

A trader tries to sell a consumer a satellite television

package. The consumer is falsely told that the package

includes certain key channels, which are in fact only available

at an additional subscription cost. The trader has provided

false information about the ‘main characteristics of the

product’ (in this case, the contents of the package). As this

practice is likely to cause the average consumer to take a

different decision about the package

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Hi abBit

 

Agree with all advice given.

 

Also you mention that the seller made all these promises of certain discount was it ever in writing?

 

When your Dad was with the salesperson did he at all mention the discounts offered by the seller?

 

When your Dad signed the Purchase Agreement with this Salesperson was he actually given a copy of this signed agreement at the time?

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