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Topic: SELLING CARAVANS
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28/5/2017 at 11:35am
Location: East Herts Outfit: 1992 Elddis Wisp 450CT + X Trail
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I agree that we are not in full possession of all the facts here, but to my way of thinking there are several unanswered questions.
1. Was the caravan registered to the O/P under the CRIS system?
2. If it was, did the O/P hand over the registration papers to the storage operator at any time?
3. Did the O/P sign any agreement with the storage operator allowing them to sell the caravan in the event of non-payment?
4. Did the buyer ask for the CRIS papers, and if they didn’t, why not? (Ignorance of the scheme or malicious intent?)
I don’t fully understand the CRIS system as my caravan is too old to be registered under it, but as I understand it, the registration infers ownership. If this is so, and the O/P still has the CRIS papers, they are still the legal owner of the caravan whatever dispute they may have with the storage operator over payment for storage.
As I see it, unless the O/P has given their permission for the van to be disposed of, or the storage operator has obtained a court order giving them permission to seize the caravan and dispose of it, the caravan still belongs to the O/P and they have every right to recover it by any reasonable means.
Seizing someone else’s property, and disposing of it without the owner’s consent or a court order being granted allowing such disposal remains a criminal offence in my opinion, whatever the circumstances. Surely the only right the storage operator had was to deny the owner access over their land to the caravan, until the caravan owner paid what was due?
I must stress though, I am not a lawyer so what I have said is only as I understand it. I would suggest that legal representation be sought in this instance.
------------- Best Regards,
Colin
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