Help please static caravan situation

[Staticverystatic]

I have name changed for this but would be very grateful if anyone can help with this situation.

I have a static caravan (for short breaks; I don’t live there) and the site was bought my new owners a couple of years ago. They are not a big holiday park company, but are a wealthy independent family business. For various reasons I booked to have my static caravan moved from my site to another at the beginning of March. This was put in writing and I also paid the moving fee. (I have received no acknowledgment, no receipt and nothing in writing from the company. I am told this is normal practice for the new owners.)

I paid the fee by bank transfer but my emails asking for acknowledgement (of both payment and the move) went unanswered.

The caravan had to be packed up in a certain way for the move, which I did. Everything in boxes, and cupboards emptied etc. I had also paid the disconnection fee, which involves disconnecting from gas, electric and water supplies. So I left it on its old plot hoping to hear it would be moved any day soon.

Someone connected to the company (who used to do some work for the old owners) eventually rang and said she was handling the move. Initially she told me that the ground was too wet for it to be towed off and I had to cancel my booking with the separate transport company that takes it from the old to the new site. I did this. After hearing nothing I had to start chasing again. Then bank holidays ruled it out because she said the site would be too busy. I have been getting nowhere.

It is almost three months now since the booking and it has still not been moved. I keep contacting her for updates. Emails to the main company have been unanswered and, I believe, have been forwarded to the woman.

A week ago the woman who says she is organising the move spoke to me on the phone (after several attempts on my part) and she said it was being moved on a day this week. I heard nothing during the day. I rang that evening for an update and she said the mover’s truck had broken down. I’m not convinced.

I asked if she could get an idea of when it would be rebooked but she was evasive and she continues to be so.

I would be very grateful if anyone who has any experience in this field could advise me of how to proceed from here..

Thank you

Join the Holiday Park Action Group. I know yours is a static but there is a wealth of advice in the group. Unfortunately this is a totally unregulated area which inevitably attracts rogue park owners who can (and often do) make life very difficult for those with static/holiday lodges/caravans etc
https://www.facebook.com/groups/1488700298019076/permalink/3241917802697308/

Small Claims Court application or a Letter Before Action.

@20questions Thanks; I'll check this out for information. Bit reluctant to actually post my issues on a FB page though due to the post being attached to my profile...

@SchoolTripDrama
Thanks 😊.

My communication with the woman is over WhatsApp. I have mentioned in my messages that they have taken payment for services not received but she just doesn’t acknowledge it.

I’ve just had a look at a letter before action. The examples I’ve seen are about refunds for a service or goods not received. Whereas I want them to provide the service of moving it off the plot, so I’m an pay for it ti be transported. I’m not sure if that makes it a different thing…

It is a different thing. What you would need would not be compensation, but a court order known as "specific performance". It tells them they've got to do what they're supposed to have done. That's more unusual, although it is (I'm pretty sure) available from the small claims court. You would probably need some proper advice though. A letter threatening it might get them off their arses.

I don't think you need to worry about lack of explicit acknowledgement of your payment. The facts that
a) you can show the transfer of funds,
b) you've mentioned it several times in correspondence,
c) she hasn't contradicted you and
d) she has (at least pretended to have) taken steps to fulfill her part of the deal
is plenty of evidence.

Write a proper letter

Set out the timeline in detail ie
”on (date) I contacted you and said/asked….
on (date) you replied saying….
on (date I tried to get in touch with you to check progress….”

etc etc

Then give a deadline (7 days?) by which you require them to do whatever it is they said they would do
If they fail to do this you will then take steps to enforce your agreement and claim from them all your costs relating to their failure to do XYZ.

sidebar - what’s to stop you booking a caravan remover and just taking your property?

Small claims is just for money owed. Specific performance would need to be issued in the County Court

@LauraNicolaides

Can only reply to bits at a time as also working today .

Thanks so much for your list evidencing the payments. I felt so soothed by it (I am so stressed and frazzled...) 😊

@VanCleefArpels

Sorry; only able to reply in bits (yes, read that both ways 🤣)

Re the sidebar. It's a large static of 36 x 12 feet and, I think, will require another static to be moved to enable mine to pass through the site.

I have paid them £1500 already for this to be done. So I'd lose out on that. Plus, I don't think they'd allow me to do it. But if I knew someone with a big truck who shared my grudge, I'd be tempted.

@VanCleefArpels

I could write the letter. But if the specific performance thing has to be issued in the county court, then is my 7 day deadline a bit of an empty threat...?

Hmm

Isnt it more likely to be that they can't just move someone's else van to give you access? Have you spoken to the owner of the van that needs to be moved?

@Staticverystatic you could say something a bit more woolly like “I will take legal advice on my options to ensure movement of my property from your site” or some such. The aim of the letter is to show you are escalating the issue and want to deal with it more formally this. WhatsApp messages

(I hope you have screen shotted all the messages btw before they disappear)

Is their site address the same as their address on the Companies House register? If they're different it might be worth writing to the company secretary or directors at the address you've not used before.

@SwedishDeathClearance

No. She said the mover has visited and inspected the site and said there's no problem moving my van. It's quite normal to have to move a neighbouring van a few feet to get some clearance. But if I was going rogue and towing it out myself with a big truck, I wouldn't feel it was right for me to do that 🤣.

The group admin understand possible repercussions by the Paek Owners so you can post anonymously..

Can you find an independent firm who move caravans and get a quote and their advice on what they can/can't do re accessing your caravan. Then at least you know where you stand, can ask for your money back (so you can pay for the move yourself) and threaten court action by X date if they either haven't moved the van themselves or refunded ALL your fees.

Bit of an update. I shared my concerns with the woman that I may have to take some legal advice. Alongside that, someone up there visited the old/current site for me and learned that the booking was actually made, and really was cancelled due to a broken truck. This has done much to reassure me that I’m not being played (although they have certainly dragged their feet). I’ve now been given a new date for the week after next.

Thanks for all the help; I’ll send an update when I have one 🤞🤞.

It has been moved to its new home 😊.

Thanks for the support. I took screenshots of everything (thanks for that reminder) but hopefully I won't need them now.

Thanks again for being there.