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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75116
Experience:  Qualified Solicitor
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We have a situation where a caravan park company has sold

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hi
JA: Hello. How can I help?
Customer: we have a situation where a caravan park company has sold the caravan we had a deposit on to someone else and now also wont give me my deposit back £2000
JA: Where are you? It matters because laws vary by location.
Customer: this is in Skegness
JA: What steps have you taken so far?
Customer: have had a friend call them as my health is very poor and he is also in the caravan sales business, they told a load of lies and offered £500 back
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: i spoke to citizens advice and they said that because they sold the caravan to some one else, we had a good case they broke the egreement we had, all be it a verbal one

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What reason, if any, have they provided for not wanting to return the deposit?

Customer: replied 15 days ago.
ok
Customer: replied 15 days ago.
ready when you are
Customer: replied 15 days ago.
Customer: replied 15 days ago.
are you there?
Customer: replied 15 days ago.
you miss understand
i have paid £2,000 deposite on buying a carvan because my pension payout has taken a long toime to complete, and because of Covid, they said they couldnt wait any longer and would be selling the caravan and plot to someone else
Customer: replied 15 days ago.
now they also refuse to return my £2000
Customer: replied 15 days ago.
they said that the deposit was non refundablebut this was never mentioned to us nor any of it in writting.
Customer: replied 15 days ago.
They have resold the caravan and taken our money so they have gained considerably, but returning our money they still wouldnt be loosing out

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 15 days ago.
the caravan was a stock caravan, (didn't have to be ordered in special or anything like that) because of covid the park was closed anyway and because of staycations people were buying static caravans to holiday in. Also because of Covid the manufacturers were to order lists for over a year old, so pe0ple were gazumping others to get the caravans
Customer: replied 15 days ago.
They have offered a mere £500 refund. Why £500? They basically sold our caravan to someone else when we had a holding deposit on it, and won't return the deposit. I was told by Citizens Advice that they broke any contract they might have had with us by selling to a third party, So even though there was no written contract and we hadn't signed anything. They broke the agreement.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

Whilst you may be liable for some small costs if they could not recoup these from the sale, if they made an even larger profit when they sold it, they should be able toc over these and would have to refund your deposit.

If money is owed by one party to another, the debtor can potentially be taken to court to try and force them to pay up. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for the money that is owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome.  There will be a fee payable, which depends on the amount that is claimed. The debtor will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the debtor that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial repayment.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Customer: replied 15 days ago.
Good Morning Ben, yes I fully understood your response. I have an initial letter to right then if not a positive answer, to write a second letter, 'letter before action'.
Can you tell me would I have to attend the small claims court when it heard?, as I am currently in France, and it would be quite an effort to be there in person.
Lastly, do I have a good case to win this? Thank you

Hi there, thank you for your further queries, which I will be happy to answer. You would indeed be expected to attend the final heating if it goes that far, although you can potentially send in a representative but check with the court at the time.

Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you

Customer: replied 9 days ago.
Hello Ben,
Can you tell me is it reasonable to send the initial Reminder Letter via email or does it have to be by post, as we are in France. Not that is impossible to do, it's more that knowing these days, is it agreeable to do it with an email. Same question goes for the 'Letter before Action' should I require one.?
Lee

Hi there, thank you for your further queries, which I will be happy to answer.  It is entirely possible to send it by email and that is an accepted method of correspondence. And the same applies for the LBA

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