Sand le Mere Park Tunstall lodge - lost out £45Kon ill health sell up - is this right?

[angie1960]

we bought a lodge to live in

was informed by holiday site this was ok,

 

we spent £82k on this

my life savings

this was in November 2015.

 

since this happened I have been diagnosed with primary progressive m.s

and decided to sell up and return home to Huddersfield.

 

we informed the site and they have said they will buy it back for £37000

clearly we are all in the wrong business,

 

since this happened we have found out how much they do this

 

I would be very interested to hear from anyone who has purchased anything on sand le mere park in tunstall hull and had a bad experience

 

we are taking this down the legal path.

[GrumpyToSayTheLeast]

Do you have to sell it back to the park?

Can you not sell privately?

You offer it for sale,

they give you an offer.

How does that qualify for legal action?

 

Same as when you bought it.

You saw the price,

you bought it,

the park earned a pretty penny.

How is that cause for legal action?

[angie1960]

thankyou for your reply,

we have tried to sell privately

we have to involve the park we have no choice,

 

 

when this happens they block the sale and offer a caravan or lodge instead.

 

 

when we purchased the lodge we had made an offer on a residential property on the park

the salesmen talked us out of purchasing this and said you can live in one of our lodges

the only thing we did was to believe the salesman a mistake that has cost me about £50k

 

 

I know I am unlikely to get this back but if I can stop this happening to anyone else I will be happy.

[GrumpyToSayTheLeast]

How do you involve the park to sell?

How do they block the sale?

Have you got proof of that?

Did you get legal advice when buying the lodge?

 

They informed you that you could live in the lodge.

Can you live in it?

Or could you before m.s I mean.

[silverfox1961]

I'm not too sure on this but it may be unlawful for the agent to block a sale without going through a tribunal first

 

https://www.gov.uk/park-mobile-homes/selling-or-giving-away-a-park-home

[angie1960]

its in the contract to involve the park,

they have given false information on price and fees

and yes we have got proof

and yes they did say we could live in the lodge

 

 

but it turns out you can't live in it at any time,

we are lucky that we saved all relavent paperwork and evidence and paperwork relating to the offer on the residential one.

[AndyOrch]

Thread title amended and moved to the appropriate forum.

 

Regards

 

Andy

[angie1960]

thankyou silver fox for the link and your reply

[BazzaS]

I'm not too sure on this but it may be unlawful for the agent to block a sale without going through a tribunal first

 

https://www.gov.uk/park-mobile-homes/selling-or-giving-away-a-park-home

 

With more details at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/405214/150217_Selling_a_home_revl.pdf

[AndyOrch]

Try this one....

 

https://www.gov.uk/park-mobile-homes

[stu007]

This link may also be of use: https://www.gov.uk/government/collections/park-homes

[angie1960]

I thank you for the links and will read them carefully,

 

 

the problem we have found is they sold us the lodge knowing we were residential ( even though they wont admit it )

 

 

its now turned in to a holiday lodge,

we have seen people leave the site in tears because they have lost so much

 

 

this is why I am determined to do something about this.

 

 

I would be interested to hear from anyone who has had a bad deal on this park.

 

 

regards

[silverfox1961]

As it is, you bought this after 2013 and as such you can sell to whomever you like without the agent getting involved whatsoever.

 

If you any paperwork to show it was advertised as a residential park and not as it is, keep it safe.

 

You could always ring up the agent and record the call. S/he doesn't need to know and hope you get some evidence that way.

[angie1960]

thankyou that is very usefull

[silverfox1961]

I have been on the website for the park and all it states is that it is a holiday park, not a residential park even though they do offer 'An extended season - up to 12 months holiday use' Holiday use and residential use are two different things.

 

More checking required!

[angie1960]

yes I know this but stupidly we listend to the sales team and they were well aware that we needed residential

[silverfox1961]

After some searching, it would seem that this park is not residential at all. It is purely a holiday park where there are fewer rights than a residential park. This park are members of the NCC and must follow the code of practice to remain approved however, upon reading the guidance, there may be issues with regard to reselling the lodge. Please note that where a static caravan is mentioned, this includes lodges.

I have no idea if these guidance notes have ever been challenged in court.

 

In the contract you should have will be core conditions followed by the rest of the terms. If the reselling aspect is not in the core terms then that term may be classed as unlawful by a judge.

 

Read the guidance and see what you think. Section 7 is relevant.

 

http://www.approvedholidayparks.co.uk/downloads/NCC-Approved-Holiday-Park-Holiday-Home-Ownership-scheme-Code-of-Practice-Issue-2-Feb-2013.pdf

 

The CMA took over from the OFT and the guidance the OFT issued is still relevant.

 

https://www.gov.uk/government/publications/unfair-terms-in-holiday-caravan-agreements--2

[angie1960]

a gentleman who had his caravan for two months checked with th NCC and sand le mere are not members according to the NCC

[silverfox1961]

a gentleman who had his caravan for two months checked with th NCC and sand le mere are not members according to the NCC

 

They are. I checked. It may have been missed as on their website they state they are in North Humberside whereas on the approved list they are stated to be in South Yorkshire.

[PIXeL_92]

I used to work for Bridge Lesiure's IT support, I can give you email addresses to management and CEOs if you want them.

[angie1960]

I would be very gratefull if you could and thankyou.

 

I have decided you need not send me any EMAILS because of legal stuff but thankyou anyway

[silverfox1961]

The names of the directors of both the site and the management company are available on the companies house website. I can find no individual email addresses; only the generic one for the site in question. If you want, I can list them here or you can look on the CH website

[angie1960]

thankyou silver fox for your time I have decided not to risk my legal position xx