Help with my Late Fathers Static Caravan

Help with my Late Fathers Static Caravan

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James_N

Original Poster:

2,957 posts

235 months

Sunday 7th April
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GasEngineer said:
Very interested to see what happens when you tell him as the only asset of the estate, the caravan now effectively belongs to the bank and is nothing to do with you!
Genuinely don't think the bank would be interested in it given the fees and costs to remove it.

I'll be telling him he can do as he wishes with it (and perhaps If he replies being an arse, then I'll contact the bank and let them deal with it)

BertBert

19,070 posts

212 months

Sunday 7th April
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James_N said:
Genuinely don't think the bank would be interested in it given the fees and costs to remove it.

I'll be telling him he can do as he wishes with it (and perhaps If he replies being an arse, then I'll contact the bank and let them deal with it)
I'm no expert, but I don't think that's how it works. I think executors are obliged to liquidate the assets to pay the debts no matter how onerous that might be. They might be keen to ensure the executor had done that in this case.

Its Just Adz

14,126 posts

210 months

Sunday 7th April
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I'm really interested to see what response you get from the farmer when you tell him.

LimmerickLad

929 posts

16 months

Sunday 7th April
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James_N said:
Genuinely don't think the bank would be interested in it given the fees and costs to remove it.

I'll be telling him he can do as he wishes with it (and perhaps If he replies being an arse, then I'll contact the bank and let them deal with it)
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?

HTP99

22,581 posts

141 months

Sunday 7th April
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LimmerickLad said:
James_N said:
Genuinely don't think the bank would be interested in it given the fees and costs to remove it.

I'll be telling him he can do as he wishes with it (and perhaps If he replies being an arse, then I'll contact the bank and let them deal with it)
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?
I'm sure the OP said there is actually no documentation stating the caravan was owed by his late father, if that's the case then surely the bank won't have an interest in it anyway, as legally they can't?

James_N

Original Poster:

2,957 posts

235 months

Sunday 7th April
quotequote all
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?

r3g

3,192 posts

25 months

Sunday 7th April
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Just. Walk. Away.

I know people are meaning well with their responses, but face facts : there is no written contract and the estate is in debt. There is nothing to do. It's nothing to do with the farmer and it's nothing to do with the bank. Just take whatever you want, drive out of the gate, draw a line under that chapter of your life and move on. I wouldn't even be writing him letters or informing him of the situation.

If the farmer and wife are as nasty as the earlier posts suggest, then at the very minimum the roof of the cavavan would be getting turned into a colander with a drill. I wouldn't go as far as torching it as obvious-arson-would-be-obvious, but either is enough to make it uninhabitable for someone (ie. denying him rent and fees) without considerable expense to make good.

stemll

4,110 posts

201 months

Sunday 7th April
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GasEngineer said:
Very interested to see what happens when you tell him as the only asset of the estate, the caravan now effectively belongs to the bank and is nothing to do with you!
The caravan doesn't belong to the bank it belongs to the OP who is the sole beneficiary of the will. The bank will expect (if they know it exists) the executor (also the OP) to realise whatever money they can from the estate in order to settle part of the debt that was outstanding. If that means selling it and making £50 then that is what the executor is obliged to do. The bank will want nothing to do with the caravan

If the bank are done with the estate then, as others have said, just walk away and leave it.

Edited by stemll on Sunday 7th April 16:57

borcy

2,915 posts

57 months

Sunday 7th April
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I think I'd sent the letter and then forget about it. I wouldn't respond to any contact from the farmer, there's nothing you can do anyway.

LimmerickLad

929 posts

16 months

Sunday 7th April
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r3g said:
If the farmer and wife are as nasty as the earlier posts suggest, then at the very minimum the roof of the cavavan would be getting turned into a colander with a drill. I wouldn't go as far as torching it as obvious-arson-would-be-obvious, but either is enough to make it uninhabitable for someone (ie. denying him rent and fees) without considerable expense to make good.
Deliebrate damage something he doesn't own? Great advice!

CharlesdeGaulle

26,304 posts

181 months

Sunday 7th April
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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.

r3g

3,192 posts

25 months

Sunday 7th April
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LimmerickLad said:
r3g said:
If the farmer and wife are as nasty as the earlier posts suggest, then at the very minimum the roof of the cavavan would be getting turned into a colander with a drill. I wouldn't go as far as torching it as obvious-arson-would-be-obvious, but either is enough to make it uninhabitable for someone (ie. denying him rent and fees) without considerable expense to make good.
Deliebrate damage something he doesn't own? Great advice!
If you read the thread you'll see that he does own it (the OPs father). There is no contract with the farmer. Once vacated, farmer will most likely try to sell it or rent it to someone else.

James_N

Original Poster:

2,957 posts

235 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!

The Wookie

13,964 posts

229 months

Sunday 7th April
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James_N said:
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!
In fairness you’re only saving a fortune in terms of the illegitimate charges the farmer wants to levy, it’s win-win for him by trying to extort you if it’s rentable.

I’d be making it un-rentable

Mad Maximus

366 posts

4 months

Sunday 7th April
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The Wookie said:
James_N said:
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!
In fairness you’re only saving a fortune in terms of the illegitimate charges the farmer wants to levy, it’s win-win for him by trying to extort you if it’s rentable.

I’d be making it un-rentable
Take a dump in the middle of the dining table

CharlesdeGaulle

26,304 posts

181 months

Sunday 7th April
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Mad Maximus said:
Take a dump in the middle of the dining table
Are you a child? How would that be in any way amusing or sensible or appropriate? Jesus.

carreauchompeur

17,851 posts

205 months

Sunday 7th April
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Farmer sounds like a mercenary ahole.

JackJarvis

2,238 posts

135 months

Sunday 7th April
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The Wookie said:
I’d be making it un-rentable
I'd be the same. Not suggesting it's the right thing to do but I wouldn't take kindly to somebody attempting to profit from the death of my father. The farmer sounds like a horrible, greedy . I wouldn't set fire to it or anything like that but I'd make sure it's fit only for the scrap yard.

Pit Pony

8,646 posts

122 months

Monday 8th April
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CharlesdeGaulle said:
Mad Maximus said:
Take a dump in the middle of the dining table
Are you a child? How would that be in any way amusing or sensible or appropriate? Jesus.

alscar

4,152 posts

214 months

Monday 8th April
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OP ,I'd be looking at this slightly differently .
As Executor you obviously have to account for any assets but equally have control over how you do this in terms of then liquidating such assets especially with the debts and any further costs in mind.
Not sure if you have already sent the letter previously mentioned but I would be doing something along the following lines.
From when your Father passed away the caravan is yours but you do not want it and you certainly don't want to pay any ownership transfer fee not that you are even sure whether that is legal or not and certainly not for the quantum mentioned ?!
You say that the caravan has a value obviously ( maybe suggest a value of x ) but in order to legally close your Fathers affairs you propose that he takes possession and does with it what he likes either by reletting in his name or sells on or has it removed if that is his call.
All you require in return is 50% of any value raised if sold or alternatively confirmation that the contract per se is now cancelled and you have no further interest or more importantly monies owing ie you are both square.
Best of luck with whatever cause of action you take and having done similar for a relative which also involved " entertaining " conversations with debt collectors there is usually a least worse solution.