Caravan park selling caravan without consent?
Discussion
Looking for some advice
Caravan used by BiL has been in storage at a park for about 18 months. He went up about a year ago to collect so,e things from it and said that someone 'might' be up to change the gas bottles. Nobody did though.
Rang up the caravan park to see what state it is in so it can be towed home soon. Woman who answers says 'someone took it about 12 months ago' nobody within the family has been up to take it.
Rang back after ensuring that there's no crossed wired and FIL had collected perhaps. Man then answers and states that they got rid of it due to rent arrears. But that year was fully paid it would only be in arrears if it had been there all this year as nobody could get hold of them to pay fees. But as mentioned above apparently it hasn't been there for 2014.
No contact from them to say it was in arrears. So where do we stand? What action should we take?
Many thanks
Caravan used by BiL has been in storage at a park for about 18 months. He went up about a year ago to collect so,e things from it and said that someone 'might' be up to change the gas bottles. Nobody did though.
Rang up the caravan park to see what state it is in so it can be towed home soon. Woman who answers says 'someone took it about 12 months ago' nobody within the family has been up to take it.
Rang back after ensuring that there's no crossed wired and FIL had collected perhaps. Man then answers and states that they got rid of it due to rent arrears. But that year was fully paid it would only be in arrears if it had been there all this year as nobody could get hold of them to pay fees. But as mentioned above apparently it hasn't been there for 2014.
No contact from them to say it was in arrears. So where do we stand? What action should we take?
Many thanks
First off do you owe them arrears or not? Not clear first off your not outside the paid prperiod, next you couldn't get hold of them.
Have you moved since you set up the contract as they must have to write to you prior to any action.
Did you sign a contract that stated they could sell it if non payment or no contact after a set period.
Have you moved since you set up the contract as they must have to write to you prior to any action.
Did you sign a contract that stated they could sell it if non payment or no contact after a set period.
If you owned the caravan outright even if you owed money on rent then they can't just decide to sell it without making contact first.
I would be livid and demand a proper explanation and evidence of the suspected arrears. Which could be disproved with receipts or paperwork /bank statements/ withdrawals before taking it to the plod.
The plod will probably say it's a civil matter but in my view it's theft if they haven't made any contact whatsoever with the owner.
I would be livid and demand a proper explanation and evidence of the suspected arrears. Which could be disproved with receipts or paperwork /bank statements/ withdrawals before taking it to the plod.
The plod will probably say it's a civil matter but in my view it's theft if they haven't made any contact whatsoever with the owner.
I don't know if in this case unpaid rent gives rise to a lien or conversion (not sure it would) or perhaps even a cross action in trespass?
Otherwise, assuming correct jurisdiction, would Interference With Goods Act apply? If this is the case, the people who sold the caravan need to give the profit to the owner, less their expenses in having done so.
Otherwise, assuming correct jurisdiction, would Interference With Goods Act apply? If this is the case, the people who sold the caravan need to give the profit to the owner, less their expenses in having done so.
Got a pal who owns a caravan storage yard with about 200 vans on it, he regularly sells and scraps vans which haven't been paid for I'm amazed how often it happens.
He's had a few people turn up saying they've paid and it turns out they haven't paid for a couple of year and then they get upset when they find the vans are gone but it clearly states in his t and c's that he can sell the vans to recoup unpaid fees.
He's had a few people turn up saying they've paid and it turns out they haven't paid for a couple of year and then they get upset when they find the vans are gone but it clearly states in his t and c's that he can sell the vans to recoup unpaid fees.
I highly suspect the vans been there a long time, unused, overdue rent and generally an eyesore taking up space.
The dates you've been given don't seem very specific. Reads as though commenced June 2013, visited Jan 2014, van sold buy firm Jan 2014.
When were payments made? Has nobody visited or used it in the past year?
I recall having a storage unit full for several months after the customer paid for 1 month. Made numerous attempts to reach him. Went to the skip after about 9 months.
About 18 months later he rang asking for his stuff!
The dates you've been given don't seem very specific. Reads as though commenced June 2013, visited Jan 2014, van sold buy firm Jan 2014.
When were payments made? Has nobody visited or used it in the past year?
I recall having a storage unit full for several months after the customer paid for 1 month. Made numerous attempts to reach him. Went to the skip after about 9 months.
About 18 months later he rang asking for his stuff!
Edited by Rick101 on Tuesday 6th January 02:30
Rick101 said:
I highly suspect the vans been there a long time, unused, overdue rent and generally an eyesore taking up space.
The dates you've been given don't seem very specific. Reads as though commenced June 2013, visited Jan 2014, van sold buy firm Jan 2014.
When were payments made? Has nobody visited or used it in the past year?
I recall having a storage unit full for several months after the customer paid for 1 month. Made numerous attempts to reach him. Went to the skip after about 9 months.
About 18 months later he rang asking for his stuff!
Van has been there 2 years, 1st year BIL lived in it then he moved home towards the end of 2013. he went back up before xmas to pick up passport he left in it and explained that someone may be up in a month or so to change gas cylinders (nobody did)The dates you've been given don't seem very specific. Reads as though commenced June 2013, visited Jan 2014, van sold buy firm Jan 2014.
When were payments made? Has nobody visited or used it in the past year?
I recall having a storage unit full for several months after the customer paid for 1 month. Made numerous attempts to reach him. Went to the skip after about 9 months.
About 18 months later he rang asking for his stuff!
Edited by Rick101 on Tuesday 6th January 02:30
MIL tried contacting them numerous times in Jan and throughout 2014 and constantly no answer on phone and no returned calls a letter was also sent and no reply this was so that she could pay the ground rent for 2014.
I tried getting hold of them last month with no answer. Partner finally got hold of them yesterday and woman who answered said she assumed someone had been up and taken it home. partner checked with father and brother to ensure they hadnt been and moved it which they hadn't. rang back and this time a man answered was very rude and stated ground rent was in arrears and it (the caravan) is gone with the implication that it went in january and they got rid of it.
I then rand numerous time with no answer, they must have seen a lot of missed calls and worried that it was family so rang me back, i spoke to the woman this time and she is now saying that they didn't get rid of the caravan and that it must be stolen and they havn't seen it since the summer of 2014.
very strange that the husband has stated they got rid of it in jan and the wife is now saying it was last seen in summer and that we should report it stolen.
It is not my caravan im just chasing it up for partner and her gran who is technically the registered owner.
It is my understanding that the BIL has little respect for property etc especially when he didnt pay for it hence why its been sat there for a year with nobody bothering with it.
trying to establish if he ever had a contract from them now and what address and contact details that he gave them.
id estimate that the caravan is probably worth at least a few thousand pounds and had probably the best part of £1ks worth of stuff in it.
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