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Subject Topic: Specialist Static Caravan Lawyer Required Post Reply Post New Topic
26/3/2009 at 9:49pm
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View Northernwytch's Profile View Profile   Reply to Northernwytch Reply   Quote Northernwytch Quote  
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Hi, I am currently having issues with my Static Caravan Park. I believe I was mis sold my caravan. When we bought the caravan 2nd hand from the park, they said I could rent it out. We expressly told them we wanted to rent it out for the life of the caravan and were told we could. We did rent it out for 2 years but now it has reached 10 years old, we are unable to rent it out anymore. We can use it for another 5 years + but not for rent. We can no longer afford the fees without the rental income.

It does state this in the contract we signed, but we were told by the sales rep (who now no longer works for them) that we could. We were so excited when we got our caravan, that we didn't read the pages of smallprint that came with it (who does). I believe that we have a case and I need some help....soon.

Does anyone know of a specialist in Static Caravan LAW so I can challenge the parks decision. I have tried writing to them but they just baffle me with jargon.

Regards



27/3/2009 at 12:37am
 Location: Oldham
 Outfit: Burstner S500TS Nissan Patrol 3.0 SVE
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I'm not sure that there is any such thing as a  "Specialist Static Caravan Lawyer" (though may yet be proven wrong).  It seems to me that what you have here is a dispute about a contract - and most solicitors should be able to advise you about that.

I'd be tempted to wander along to the nearest Citizen's Advice bureau and ask them about it first.  At least that won't cost you anything (AFAIK).

Regards
Andrew

 



27/3/2009 at 6:52pm
 Location: West Midlands
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Northernwytch - I feel for you and know what these sales people are like but think you may have an uphill task disputing a contract you signed over two years ago on the basis of a verbal assurance from a no longer employed person.

-------------
Tony C


28/3/2009 at 8:42am
 Location: North Wales
 Outfit: Bessacarr E540
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Find a solicitor who gives a free half hour's advice - most of them do. The CAB is OK but they're not qualified, they can only point you in the right direction anyway for something like this.

Nora


28/3/2009 at 9:03am
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I think you would face an uphill battle too.  It is in the contract and it is up to you to have read that contract before signing it.  I know that sounds harsh but the verbal bit would be your word against the now disappeared sales person's and even if he/she could be found we all know what line they would take.

I have had a contract checked out by a solicitor, not a caravan one but a job one, and it isn't cheap.  Mmmm, £250 odd I think it was several years ago now.

Ali



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11/4/2009 at 2:25pm
 Location: None Entered
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My wifes a lawyer, she is away the moment but will ask her for some advice. We had an issue on a park we were on a while ago and she sorted it out with her legal jargon. I will see what she says before you go to someone. She charges £180 an hour so it will cost you if you go to formally see someone. I will let you know what she says. I'm no lawyer myself but if you have evidence in the form of payments received for renting it out then this may count for something. But, if it is in your contract which you have signed then thats another thing. Salesman on caravan parks have a reputation for saying anything to get the sale, often without the park owners knowledge. I am not saying every caravan salesman is like this mind.

Does it say in the contract no renting out, or does it say you can rent it out for 10 years?

 

 



14/4/2009 at 9:40pm
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Dear Hamster

Your wife's advice would be much appreciated.

It says in the contract that I may let the caravan out with the permission of the site owners. Which they did give (and in my opinion not just until the caravan as 10 years old). We took it to mean as long as we had the van. The sales girl did at no time say we could only rent it out until it was 10 years old. I do have all the rental doccuments for the van and I did have a website to collect bookings and the diary's I used too. Also a special "caravan bank account" now with nothing in to pay for next years site fees.

Regards



16/4/2009 at 11:16pm
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Hamster's wife - You should check your contract to see if it includes an entire agreement clause. This clause will use the words "entire agreement" and the effect of this clause is to override anything that was said to you verbally at the time you entered into the contract. If your contract has this clause, the only things that can be considered part of your contract are the things which are written in the contract.

If this clause is not there, you can argue that the verbal representation made to you at the time the contract was made, formed part of your contract with the site. As there was no limitation in terms of the age of the caravan attached to the representation made to you re renting out the caravan, you should argue that this limitation does not apply.

Regardless of whether or not this entire agreement clause is there, you could try to argue that this imitation is an unfair contract term. All contract terms are subject to a test of reasonableness. It would appear to be unreasonable to prevent people from renting after year 10 when the caravan has at least another years life on site.   

We had several rows with our last site and they do seem to listen more when it sounds like you have had legal advice.

Good luck!



06/5/2009 at 8:00pm
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Thank you all for your help.

We will probably just move the caravan, obviously to a great cost to ourselves, as I have had enough of this HAULFRYN GROUP of companies.

Kind regards

 




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