Help with my Late Fathers Static Caravan

Help with my Late Fathers Static Caravan

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James_N

Original Poster:

2,975 posts

236 months

Sunday 7th April
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LimmerickLad said:
Caravan / site contract is nothing to do with the bank.......if bank are not pursuing loan then, given you are Executor as well as the beneficiary. and the estate is already in debt, I can't see any problems in giving the caravan to the farmer in lieu of his charges and as full and final settlement......who is going to complain?
Basically the solicitors referred the debt back to the bank when they realised there was no assets (i didn't list the caravan as an asset at the time due to there being no value in it once removal / dsconnection fees had been taken into account and I didn't know if my dad's partner would take it on)

So debt has been referred back to the bank on 17th January and I've heard nothing since.

I did declare my dad's life insurance payout as cash (obviously we used bits and bobs to settle some bills and funeral costs) but there was still a good few grand available but they didn't express an interest in having that, they just said case closed and referred back to bank, you won't hear from us again so I would assume thr bank have written the debt off by now?

James_N

Original Poster:

2,975 posts

236 months

Sunday 7th April
quotequote all
CharlesdeGaulle said:
I'd be writing to the farmer and returning the keys before walking away. You have no liability or responsibilities to the farmer and he sounds rather grasping and you don't need the hassle.

Whatever you do though, don't vandalise the caravan. Quite why some posters think that's an acceptable thing to do I can't imagine.
This is what I'm going to do. I'm not petty enough to vandalise it. I'm just glad to have been able to get some stuff and get out of there. I'll be sending the letter mid-week and then I'll await the response.

Will states everything left to me but this caravan is still in my dad's name and obviously can't be changed into someone else's name without significant payment which won't be forthcoming from me or my dad's partner and with the absence of a contract, I can't really see what he can do.

I have left the caravan in a fair state. Sure it needs some cosmetic tidy up and decorating but that's it. It's perfectly habitable. If he makes a few grand out of it, fair enough but it will save me a fortune getting out now!

James_N

Original Poster:

2,975 posts

236 months

Monday 8th April
quotequote all
megaphone said:
'No Contract' has been mentioned a few times, the OP posted he has not seen a contract in his Father's paperwork.

I doubt very much there is no contract in place between the site owner and the customers/tenants. All fees and costs should be stated in the contract and terms and conditions.

OP if the owner starts playing games, ask to see the original contract.
I have checked with a former tenant and a current tenant, and they didn't / do not have contracts either. I too find this hard to believe, but its fact.

I mean, you wouldn't move into a rented house with no contract would you? and be charged whatever rent the landlord wants to charge, but it seems that is what is happening here!

A current tenant (family friend) only has original bill of sale from her caravan. No contract and no list of charges.

James_N

Original Poster:

2,975 posts

236 months

Monday 8th April
quotequote all
LimmerickLad said:
Are there VAT & company Reg No's etc on that bill he gave you?
There is a VAT reg number on there yes.

James_N

Original Poster:

2,975 posts

236 months

Monday 8th April
quotequote all
andburg said:
based on a friends experience with the bottom end of the static caravan market, almost every site owner is out to rip you off and none of this surprises me.

Van age limits
connection / disconnection charges
transport to and from the gate charges
approved suppliers only
constantly changing rules on what you can and cannot have
changing charging periods
increasing ground rates
change of name / owner admin fees

in the end my friend just handed the keys back. It would cost more to have it disconnected and transported to the gate than it was worth and rates kept going up. Constant issues like your deck is too old, you can either dispose or buy new from our supplier. You can have an outside tap, has to be installed by our supplier at a ridiculous cost and then they changed their mind and capped it off. We've done a fire risk assessment and decided to limit the size of gas bottle you can have and a time limit on making the change (from their approved supplier). She'd had enough and just gave it back as she couldn't sell or sign it over to a family member because it was too old.

As soon as she give it back it was advertised for sale with a year's free ground rent to the next mug.
Yep sounds familiar. I never thought of him selling it with the offer of a years free ground rent. I guess this would sweeten the deal, and once signed, getting out of that deal will cost thousands.

I am curious about the contract thing. I simply can't imagine everyone on that site (around 40 caravans) not having a contract or a set list of charges, but I've never seen one and never heard my late parents talking about a contract.

Surely he is leaving himself open to more people just walking away without penalty without contracts / fees in place?

James_N

Original Poster:

2,975 posts

236 months

Monday 8th April
quotequote all
Keypad said:
Apologies for coming in late to this discussion, but I note a few contributors have said that the caravan belongs to the OP.

I'm not sure it does.

The executors' duties are to realise & distribute the assets of the deceased. Until they (the assets) are handed over, they belong to the executor. So unless the executor (i.e. the OP, acting as executor) has passed the caravan over to the OP (which I don't see he's done), it's not his property. Any claim the farmer wants to make is accordingly on the owner, being the estate. Which has no money to pay any demands the farmer may wish to make.

In short, as said above - just walk away. He's got no claim against the OP or the father's partner.
This is what I thought all along, but i'm far from an expert on all of this - first time and hopefully last time of dealing with an estate!

I'll be sending the letter this week when I know for sure everything is out of there and he's welcome to it!

James_N

Original Poster:

2,975 posts

236 months

Monday 8th April
quotequote all
I think he probably meant left the caravan rather than the thread!

Thanks again for all the advice. Much appreciated and will update as and when on the outcome smile

James_N

Original Poster:

2,975 posts

236 months

Tuesday 9th April
quotequote all
sixor8 said:
My folks had a van for years on a site. No contract, wrongly allowing people to live in them full time (apart from the 1 month compulsory vacancy in January when they'd go to Portugal or Spain for a month). Also, as mentioned above, charges for as much as possible like disconnecting water, and reconnecting again, profiteering on electricity supply, etc. Elderly (mostly) taken advantage of. frown
This is what happens here. Its not a residential site but a holiday site so one month compulsory break in February where the site shuts. Apart from one caravan where they get to still live on site under the title of "Site Wardens". Load of bks but again, who is going to argue!

James_N

Original Poster:

2,975 posts

236 months

Wednesday 1st May
quotequote all
Well just to update, letter was sent tracked a few weeks ago and recieved next day.

Not heard a dicky bird since. Rent is not due until today but wouldn't think he would leave a response until May.

One would assume no news is good news. I'll update again if I hear anything