Section 99 CCA '74 and Static Caravans

[FluffySheep]

I find myself in a position where I need to let go of the static caravan that we own via Hire Purchase. With my partner's health being very poor (and not improving sadly) this seems like the best option for us both to move forwards as best we can, especially since going to stay in the caravan is a rare occurrence at best.

I was looking to sell it back to the park and make up the difference myself to clear the agreement. Then I noticed that Section 99 of the CCA 74 applied when it comes to terminating the contract. Some research lead me to a number of sources, including this website, that provides a very valid option. Since I've paid over 50% of the agreement already (confirmed by the finance company) it seems like this could be a big option for us:

http://www.legalbeagles.info/forums/...r-the-CCA-1974

But, everything I've read talks about how this applies to cars - which are a lot easier to return to a specificed location than a static caravan! So, hopefully someone can provide insights into these points:

- How does S99 apply to Static Caravans? How does the finance company take possession - or do I really have to pay to move it from the site it's currently located at?
- Could I be hit for disconnection charges? Even if I was I'm still well in profit...
- Anything other issues that I've not thought of?

I'm looking for the credit agreement now as that may provide a lot of the answers.

MTIA

[Wombats]

Re: Section 99 CCA '74 and Static Caravans

I Googled this:

VT of static caravan HP agreement

Plenty comes up about VT's of caravans, so it it definitely possible. The logistics of handing it back are not something I'd thought about and are probably something you may be better off talking to the finance company directly about. They may let you sell it in situe.

In terms of the agreement, the thread about cars explains very well that you can VT at any time and YOU specify the date on which the agreement will end. After that point, if you have paid 50% you hand it back (I know!) and walk away. If you are in arrears you have to pay those and any other balance outstanding to take it up to the 50% mark figure as outlined on your credit agreement. This can be incorporated into a DMP however if you have other debts.

As for the actual logistics ........ PASS, sorry!

[FluffySheep]

Re: Section 99 CCA '74 and Static Caravans

Thanks for the reply Wombat. The logistics of this mean that the caravan can be left in situ and sold to the site owner. So that part is not a problem it seems (yeah right!). I've had the "VT form" in the post from the finance company. Basically it's a "I want to end the agreement" declaration with a couple of conditions. I can understand things like "have the handbooks available", but there's two interesting choice of phrases that have got my attention:

- "I will return the keys to your Collection Agent [this will be the site itself] on the arranged date". Except I have no idea what the "arranged date" is - I know the date that I'm able to hand over the keys and I've arranged that date direct with the site.

- "I acknowledge that you will notify me should there be any repair costs required by after after your inspection as a result of my failure to take reasonable care of the caravan. Any repair costs will be due within 10 days of notification". There's no way I can sign for that since I have no information on what they will try to charge against me. Moreover, this is a 6 year old caravan - ergo, 'fair wear and tear' has to come into it.

This felt like it was going to go reasonably smoothly, but it looks like it's going to be a standard worded letter instead of their form.