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Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6967
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I am a member of a private caravan club that have their own

Resolved Question:

Hi, i am a member of a private caravan club that have their own land, their is a limited number of pitches for members and also touring pitches, i am on the waiting list for a pitch and have to transport my caravan their every visit as their is no storage facilities available. Back in August a member went on holiday for a month and offered me the use of their pitch whilst they were away on holiday in their caravan which i accepted but due to the storage problem i agreed to temporarily sell my caravan to them and purchase it back on their return, the fee to stay in another members caravan is £5 per night but i paid the full touring fee of £8 per night (no electric hookup) while i was not there and £12 a night (with electric) while i was there as i thought it only fair. The committe have now accused me of fraud, are they correct in doing this, the club is a limited company and i was on the committee and a director but because of the above i resigned last friday
Kind regards
Trevor
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
The caravan pitch officer and the chairman knew what i was doing prior to me putting my caravan on the pitch
Expert:  Michael Holly replied 1 year ago.

Dear Trevor

You obviously did not gain financially from your heinous crime as you paid the same rate as you otherwise would.

The offence of fraud involves a financial gain which sadly passed you by.

The company through a company officer were aware of what you proposed to do.

This is most definitely NOT fraud and I would be inclined to ask exactly how you should have acted or exactly what rule you have breached because I would put money on the fact that none of them will have a clue.

Best wishes

Michael

Customer: replied 1 year ago.
They are saying that i had the opportunity to commit fraud my by actions which they say is against the fraud law, they even included an excerpt in a letter they sent me. They say that even if i did not commit the offence by thinking about it, makes my guilty, the chairman says that i will get a verbal warning but if I accept this it will mean i am admitting guilt and in doing so i am worried about further consequences, i will be there this weekend and expect them to try and give me this verbal without following the proceedures as laud down in their articles of association. I am planning to force them to follow the correct route and tell them i do not accept their verbal warning. Will i be ok doing this?
Customer: replied 1 year ago.
If i recall, the local authority site licence says that touring caravans must be removed from site when not occupied, this is why i sold my caravan to the people who went on holiday so i would not be contravening our licence.
Regards
Trevor
Expert:  Michael Holly replied 1 year ago.

Dear Trevor

In order to commit fraud or attempt to commit the criminal offence of fraud there must be some gain.

They are accusing you of not acting honestly when the chairman knew what you were doing.

Expert:  Michael Holly replied 1 year ago.

There is a world of difference between fraud and what actually happened. Some idiot has swallowed a law dictionary.

Ask them to state where in the company rules does it state that they can apply any sanction whatsoever because I bet there is not one!!

Michael

Customer: replied 1 year ago.
Unfortunately there is in the disciplinary section in the articles, it is in the club rule book regarding not leaving a caravan on a touring pitch not the site licence as i previously thought
Regards
Trevor
Expert:  Michael Holly replied 1 year ago.

Dear Trevor

Yes, you have breached the rules but fraud is a little hysterical.

Admit a technical breach, put the mitigating circumstances, done with knowledge etc and tell them to get a life.

Best wishes

Michael

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