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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a holiday sited on a holiday park.I have received a

Customer Question

I have a holiday sited on a holiday park.I have received a letter this morning stating that I have broken the terms of the pitch agreement and that under the 'Tprts(Interference with Goods) Act 1977, I have to take delivery of my caravan or they will sell it and any proceeds will be taken of any monies owed.
However,I have the money in full to make a payment and they won't accept .What can I do ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is the basis for the dispute? Alex
Customer: replied 1 year ago.
Unpaid ground rent.I had contacted the head office and set up a direct debit to pay monthly.I thought everything was fine but found out last month that the company's system had failed and they hadn't been taken payments.I didn't have the full money at the time to pay but was trying to make arangements with them.I was advised by a gentleman called Steven or Steve that someone would contact me.This was on the 30th of last month.I gave my home telephone number,my mobile,my sister's mobile and e-mail address.He said someone would contact me within the next day as the accounts team were on a training course.To date I am still waiting and between that date and today I have been unwell and busy with family matters and lost track of the dates.Today I received a telephone call from the General Manager of the holiday park advising that my caravan will be disconnecgted, they will remove personal belongings, there is no place to store the holiday home and that he can not accept a payment as there is a outstanding the debt. I have explained that the payment I am ready to make is in full and will cover the aforementioned debt. Now, the General Manager is refusing to accept my calls and said I had to contact Head Office. Head Office said it was the General Manager's decision. He said I had broken the agreement and still won't accept payment. This is my predicament.
Expert:  Ash replied 1 year ago.
I assume its a static home?
Customer: replied 1 year ago.
Yes, it is.
Customer: replied 1 year ago.
They also say that I didn't respond to the letter, however the letter is dated April 19th and I have only just recieved it because of postage. I recieved this letter whilst I was on a call to the General Manager.
Expert:  Ash replied 1 year ago.
Ok. They can't just evict you. You have protection under the Mobile Homes Act 2013.You need to apply to the Court for an injunction to stop them disconnecting or evicting you. You need to complete forms N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfAnd N16a:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdfThe court will set the matter down for hearing and decide whether to stop them doing anything. If the Court grants an injunction and they attempt to evict or harass you then this could be contempt of Court which they may be warned, fined or sent to prison.You can then say to the Court that they have refused payment. But unless they have written to you, warning that you are in breach and then confirming in writing that they have terminated the agreement then they can NOT do this.Also please read this information:https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/285930/140227_Mobiles_Homes_Act_2013_-_new_licensing_enforcement_tools.pdfCan I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The confirmation of termination of agreement was the letter recieved today during the call at the time that I was trying to make a payment. Until then, I had no confirmation. I had recieved a letter about breaching the agreement due to waiting for a responce from March 30th. Does this affect anything?
Expert:  Ash replied 1 year ago.
No I dont think it does. I dont see why they are refusing payment, this is unreasonable.Seek a Court order stopping them. That will frighten them. They are just bullies.Does that clarify?ALex
Customer: replied 1 year ago.
Also, can I submit the form to any court?
Expert:  Ash replied 1 year ago.
Yes but ideally local to you. It needs to be County Court.Does that help?Alex
Customer: replied 1 year ago.
Ok, thank you every much for your help.
Expert:  Ash replied 1 year ago.
Good luck. If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Customer: replied 1 year ago.
Sorry, to clarfy the forms; am I the defendant or claimant in this case?
Expert:  Ash replied 1 year ago.
Claimant. Does that clarify? Alex
Customer: replied 1 year ago.
And do I use the Head Office address or site address?
Expert:  Ash replied 1 year ago.
Head Office. Is that ok? Alex
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
The was great.Thank you very much.
Expert:  Ash replied 1 year ago.
Good luck. Alex
Customer: replied 1 year ago.
The form asks for brief details how would I summarise this and the value is the amount that is disputed correct?
Expert:  Ash replied 1 year ago.
Well you are seeking a Court order preventing them from evicting you. There is no value on this. Alex
Customer: replied 1 year ago.
This would go on the N1 claim form correct?
Expert:  Ash replied 1 year ago.
Yes. Alex
Customer: replied 1 year ago.
Thank you so much for your help
Expert:  Ash replied 1 year ago.
Good luck. Alex