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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Hi I bought a caravan on a holiday site September 2012 ,I have

Resolved Question:

Hi I bought a caravan on a holiday site September 2012 ,I have lost thousands pounds I believe I was misled regarding the rental side of it meaning the income I could of made to cover site fees of which when buying the caravan I would not of bought , I have written complaints to the site and the fiancé company in 2013 about this matter to try and get amicably resolve I did pay the fiancé company in full in the hope I could sell the caravan back to the site , they offered me a third of what I had payed only 9months earlier then backed out when they knew I had payed the fiancé company , my questions are can I still carry this complaint or am I out of time as I have lost a lot of money and remortgage my house to pay the fiancé off . Yours faithfully Julie
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Misled in what way, as to the income? Who told you the income please?

Customer: Misled by sales rep , I explained to him that I couldn't buy the caravan at that time because I had work commitments he then convinced me to sub let it and the minimal income would be guaranteed to pay the site fees they did sub let it out from when I bought it for six weeks , I left it thinking they were renting it out continuously ,in the end of February I rang the site to see if I could have the van back for a couple of nights to stay in myself , I know it was my van but with me sub letting it out I didn't know if it was available at short notice , they explained to me that I could stay in it when ever I wanted it was my van and that they had not sub letted out since the November previous year , I went down to the site and was told that I had to sign a sub let form before they would rent it out not what I thought when I bought it . I had signed a sublet form when I bought the caravan thinking it was continuos gaurenteeing the site fees, alarm bells rang that I had been duped the lady in reception explained that I would be better renting it out myself as subletting it would not make enough for site fees due to them taking their fees out ,I tried to rent it out and did get a customer to rent it for twelve weeks from Monday to Friday at £200 a week ,so I sub letted the van out Friday to Monday , then the site lost me that customer because they had someone in my van for longer than the the weekend and put the customer in one of their vans for cheaper rate they did apologise after that I sent written complaints both to the site and fiancé company the site offered compensation of £200 , I didn't except after letters sent I decided to remortgage my house to pay off the fiancé company in the hope of cutting my losses and selling the caravan back to the site . They offeredme £6,500 when I had only bought it 9months earlier , then within seconds of offering this as if someone had informed him he asked me if I had payed the fiancé off with what sounded like a sni**er , the next day more or less said they didn't want to buy the caravan back as they had enough of that type , knowing I wouldn't get much of any traders but could sell it ourselves . I know I was silly to remortgage now I know the hard way. I just feel this has been legal robbery and this as put me off caravan I mean I carn't enjoy holidaying their after what's happened .The sales rep is at fault for misleading the rental of the caravan that I would not of bought , it's differc
Alex Watts : If this happened in 2012 why have you waited until now?
Customer: I started this complaint in April 2013 and it's been on going with out success
Alex Watts :

Ok - potentially you do have a complaint.

Alex Watts :

If they made certain statements to you and you relied on those statements which later turned out to be false you have a claim for breach of contract by false representation.

Alex Watts :

There are 2 types of misrepresentation - innocent and fraudulent.

Alex Watts :

If someone makes an innocent misrepresentation the Court will put both parties back in the position before the contract, so they get the caravan back and you get your money back.

Alex Watts :

If it is fraudulent then the above happens but you also get damages on top.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?

Customer: How much would it cost just to issue proceedings at the county court, if they refuse to pay a refund?
Alex Watts :

The issue fee depends on the value

Alex Watts :

For a list of fees please see:

Alex Watts :

http://www.justice.gov.uk/courts/fees

Alex Watts :

Does that help?

Customer: Thank you for your help it was helpfull hears hoping again thanks .
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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