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Park home plot - breach of contract

(8 Posts)
ShakespeareanQuotations Tue 30-May-17 21:21:56

I'm hoping somebody can guide me to the best place to get help.
My mum paid a deposit of several thousand pounds to a

CakeLaceMat Tue 30-May-17 22:01:15

A bit of a bump.
Can you add any more details?

ShakespeareanQuotations Tue 30-May-17 22:11:09

My long post went missing!

My mum paid several thousand pounds as a deposit to hold a plot so that she could purchase a mobile home, through the land owner, to put on the plot. He turned out to be completely unreliable and the promised price kept rising, so she decided to buy a flat elsewhere.
She contacted the land owner to cancel the contract and expected to receive her money back in 14 days, as per the Deposit Agreement contract. First he ignored her, then after further texts and emails he said he'd reply in full the next day. He ignored all further attempts at contact, so she contacted the head office of the park home company his site is a part of.
They said they would look into it and reply swiftly. They didn't. She contacted them again and he sent a message to say he'd sent out some paperwork that needed to be signed for the refund. It never arrived.
She contacted again to say she'd take things further and head office suddenly replied to ask for her address so that they could send her refund without further delay.
They are now ignoring contact and it's been several weeks.
Today, after she contacted them to say she'd take the matter to court and put details on social media he contacted her to say that the agreement she has wasn't signed by both parties and returned. It is signed by both parties and they sent her a copy, for her records.
He is saying he will pay a "gestured amount" when he sells the plot to somebody else.
She now cannot afford to complete the sale on her flat and is down several thousand pounds.
Who should she contact/what should she do?

prh47bridge Tue 30-May-17 22:21:38

If she is definitely entitled to her money back under the agreement she should write to them giving a reasonable deadline for return of her money and saying that she will take legal action if they fail to comply. If the deposit is less than £10k it will be a small claim. Your mother will not need a solicitor to pursue the claim.

ShakespeareanQuotations Tue 30-May-17 22:48:26

Thanks. We've already given them several deadlines, so should we write saying that we've been advised to let them know that if the deposit is not received within...a week? she will file a claim? Or just file now? I did see that it's better if she can try arbitration first, but I honestly don't know who she could ask.

Pilotguy Tue 30-May-17 23:02:25

I think it sounds fair to say in a letter (sent Recorded Delivery) that as they have failed to properly follow up your questions about the deposit, if you do not receive the refund stipulated in the contract within 7 days from [date] you will begin legal action. Then file at www.moneyclaim.gov.uk/web/mcol/welcome and start preparing your case. You can probably get advice at a www.citizensadvice.org.uk/consumer/ or www.financialfraudaction.org.uk/consumer/
Moneysavingexpert.com forums are a good source for park home investment dodgy dealing

ShakespeareanQuotations Tue 30-May-17 23:15:26

Many thanks. I'll get onto that tomorrow for her.

Lostinouterspace Tue 30-May-17 23:21:06

The leasehold advisory service - a govt sponsored advice service - provides free advice on park homes. Maybe seek advice from them. Good luck

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