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Evergreen Finance/ Bourne leisure


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Hi All,

 

I come to cag again for a little advice to ensure what i am doing is the best way forward:

 

Story so far:

 

In 2013/2014 as a family and a company we purchased 3 holiday homes on a North Wales Haven site, this is the chronological events.

 

April 2014 - First caravan purchased in cash - £18,000.00

May 2014 - Second caravan purchased (£7,825.00 dep - £23,412.96 finance - £31,237.96 purchase price)

June 2014 - Third caravan purchased ( £13,350.00 dep - £16,650.00 finance - £30,000.00 purchase price) Plus decking £2500.00

June 2014 - First caravan changed following evidence of damp and mold, only after complaint and a threat to remove all vans from site.

 

We then have a brilliant year renting out the caravans, and having many happy family holidays.

 

April 2015 - After speaking with sales staff on site, and them asking myself to discuss our situation with the positive rentals, we decide to help others rent their caravans by advertising, cleaning, and paperwork/key handovers etc.

April 2015 - change of manager on park (to a manager we have previous knowledge and problems with)

October 2015 - Problems with manager, complaint put in

January 2016 - Evergreen attempt repossession of first caravan

February 2016- Bourne serve notice

February 2016 - We request injunction and relief from court

 

SO far, from our point of view, when we originally purchased from the park in question, we believed we had every right to rent out our caravans, using 2 for income and the third predominantly for our family and friends with very little rental.

 

We built up what we thought a very good business with a strong client base, with no bad feedback from guest's, we did so well, that the sales staff on park began to ask me to talk to new prospective buyers about our business to encourage them to purchase, which i had no real reason to disagree with, as we were doing so well, entering into this as a business model rather than lifestyle.

 

 

Obviously after a while i realised that there was a £1000 commission to pay on the sales, to which i think i helped sell more than i was paid for, under the recommend a friend situation.

 

For the first year we had a real great time, the staff were excellent, the park was great, could not fault it in the slightest.

The second year, it was suggested by a staff member, as we were discussing buying a fourth van, that instead of shelling out for a fourth van with associated cost, it would be easier to manager other peoples vans, leading us to have a larger fleet of availability, in addition, it would help other owners rent their vans etc etc, (looking back, as it was suggested by a salesman, i now know it was a way for Bourne staff to sell the older vans as they would be able to rent through us rather than Bourne as they have an age limit on rentals.

 

It al started going wrong, when the new manager took over, we have had previous problems with Bourne/Evergreen, but it was resolved to satisfaction, and im not the kind of person to hold a grudge. However, it seem's the previous manager from the first park we had problems in, when they took over our current park did.

 

Now in no way am i entirely blameless, we had a few issues with some of our customers which led to the park manager receiving complaints, which we as a business were attempting to rectify, as you can not please everyone, however, as a business, we would have assumed that the manager would have dealt with it completely different to the way it was dealt with.

 

Without going to deep into it, the manager then took it upon Herself to get involved and threatened to terminate our pitch licences on all 3 of our vans, making accusations that i personally was being dis-courteous on park,

 

 

i returned with a formal letter of complaint, and basically told Bourne leisure what the issue was, and my point of view, completely belief that this was a personal attack rather than the issue of the accusation.

 

This complaint was passed straight to the manager i was complaining about, who then issued a termination notice, saying that in 14 days she will disconnect my vans and have them moved off pitch, we retaliated with court action to get an injunction against her removing the vans.

 

The hearing went well, and the manager made an undertaking in court not to touch any of the vans while we were in court, the solicitor for them, submitted evidence as did i, but his evidence was very personal, stating and i quote, will not tolerate me on park, and that Bourne is a 89 million pound profit company, and anything they do could be compensated financially.

 

Kind of brought it home that this is not a business thing and was very personal indeed.

 

I then had to make formal complaint to the judge on submission of further evidence, as the solicitors in the case, and the evidence submitted, mounted to Perjury and Contempt of court in my opinion, and the judge took notice, and cautioned the manager.

 

In the meantime, i received notices from Evergreen another Bourne company saying they were going to repossess one of our vans, honestly, we were struggling slightly, and other things mounted up, but we gave the local court return of goods by consent, and offered to keep to payments and pay cost/arrears monthly, which we have stuck to, but Evergreen attempted to take to another court and make out we hadn't.

 

The solicitors then submitted evidence about our company/finance agreements and stated he was the same solicitor in each matter ( i personally think this is breach of confidentiality, as the manager, the solicitor and this case are all seperate, and the park manager should not have knowledge of our agreements beyond the signing, and the solicitor had no right to discuss our financial performance to the manager)

 

It was then submitted in court that as a company, we have no legal ownership rights to the caravans we had purchased, as they were on hire purchase, and belonged to evergreen, i was under the impression they were on proper finance, and that as we had paid such large amounts of money for them they were our's, so i was misinformed on the date of purchase as it was not stated they were not ours, they were sold as being on finance and us as the owners.

 

We were then sent a letter from the park (bare in mind we were in legal dispute over the actual site licence) stating as we had not paid our site fees on the 3 vans they were now terminating our pitch licence for that reason and would be disconnecting the vans, even though there was an undertaking in court.

 

On Friday, we were told by a friend and sent pictures of all 3 of our vans being disconnected, when our friend approached the maintenance guy and asked what he was doing, the maintenance guy said ive been told by management to do this, i don't know why, cos we dont normally disconnect like this, he had cut the pipes and wires instead of just normal disconnection, i.e unplug electricity line, undo the gas line and remove the first leg of the water pipe,

 

 

ive seen them disconnect many vans around my vans for various reasons, and never i have i seen them cut anything before. This was taken by me as a big two fingers to us. We contacted the court, and asked for direction, and i contacted the police and made a complaint of criminal damage.

 

I have now had confirmation of another hearing date from court, and the police want an official statement. We then received a letter from the park manager after disconnection, saying that because we owe over £1300 on the first fully purchased without finance van, she enclose by way of notice pursuant to section 12 of the Torts (Interference with goods) act 1977, that she will sell the first van to recover the sums owed?????, I have had a quick look at this and find it difficult to see how she can do this.

 

Any help and advice would be greatly appreciated, currently we seem to be fighting a company that has no concern for peoples feelings, or finances, and a manager with a personal vendetta that has been left to do what she feels like.

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  • 3 weeks later...

Just a quick question, ive phoned evergreen today to get an arrears total, and a settlement figure and they refused and directed me to talk to their solicitor are they allowed to do this as my agreements are with them not the solicitor?

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  • 2 weeks later...

i think due to the complex nature of this matter it would be best to seek legal advice, think most people on here offer good advise on general matters and matters that can be easily researched

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Hi can any one provide any information/advice regarding the following:

 

We have hire purchase on a caravan with Evergreen Finance,

and we are currently in legal dispute with our park owner Bourne leisure,

 

 

we have requested written authorisation to remove our caravan from the park and have it transported to a new park,

but they have refused and said we can only move if we pay the finance off in full?

 

 

can they do this as it seems to be unfair to me and extremely prejudice

regards our legal dispute with Bourne who evergreen are a subsidary.

 

thanks in advance

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Sounds like bowlarks

 

As long as you are paying the finance i cant see why it should be an issue

 

Have you raised the same with evergreen to get their opinion on moving it and having to pay in full?

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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