Thanks

[Amethyst]

Okay. Although I understand the reasons the dogs/horses/cancer stuff has been put in it isn't really relevant.

Can you post the texts showing the original agreement to buy the mobile home particularly the £15000 price and anything regarding timescales agreed for payment. Also do we have any dates? What date was mobile purchased, what date did your son leave the property, when was the agreement for them to buy it made, when was the £4600 paid ( on your sons behalf to the car seller in part payment of the mobile home ).

Think issues can be rectified with the reply to defence.

[Sam1068]

Son left 25/5/2017 and has never stepped foot on their property since.

texts
statpay.pdf
statcar.pdf
stat4.pdf

hope these are ok

receipt for caravan attached

[Sam1068]

Can I add also my son had lors of issues after accident mentally and physically, he did turn to drugs and I fear they will try use this against him somehow.

[Amethyst]

Okay.

Are there any further texts regarding the £15k. That text is them asking what price you're thinking of, and you saying £15k - the presumably they went off to think about it - anything them coming back to you on that ?

( You also admit that he damaged the van in that text )

They confirm they will pay the car guy the £4.6k and not give your son any money ( which could be misconstrued but presumably they mean they'll give it to you so you can put it back in his trust ? )

It's not going to be straightforward evidence wise.

[Sam1068]

Just that text but the damage is mentioned before price, hence taking damage into consideration, yes the money would be put back into the trust. I understand what you say about no actual agreement, but they have never disputed the 15000 price or previously mentioned replacing any other static, never until now have they disputed owing 10600, they have ignored all attempts of contact for over 12months. I am worried now.

[Amethyst]

Okay that makes sense.

Did your son follow any pre-action rules before issuing the claim ? Any letters warning them that he would be taking court action sent at all ?
Is there any evidence of your son having chased them for payment for the static ?

As the claim seems to be allocated to fast track then you do need to be a bit careful as there is a costs risk if you go on to lose.

Personally atm Mediation would be a very good idea with a view to meeting somewhere in the middle. It would need to be your son who dealt with the Mediation... he would also need to be the one who goes to court for the hearing. There are costs risks being a claim over £10k. As the amount is now, with their admission and offer to pay £2600 ( plus the £4600 already paid ) below £10k so you might be able to request it goes into small claims as there aren't really arguments over ownership, or that they agreed to buy the static - it is simply an argument over the price now. You say £15k after the damage was taken into account. They say £8k. £15k has been mentioned before although not specifically agreed - and this is the first mention of £8k.
Have you got some idea of what these statics do sell for now second hand ? I had a look but know nothing about statics - the company who sold it to him have gone under since so no help there, but it does look like around the £10k mark ?

I'm going to tag R0b and see what he thinks before we look at your reply to Defence and the N181.

[Sam1068]

Thankyou, he would do mediation if tgat would be the best way to go right now, yes letters were sent requesting payment and threatening court action but all were ignored. He would accept a lower figure but that is far too low. When he left it was a few months old, admitted damage and in one of her texts when I mentioned taking it back she said as they had paid the 4600 they part owned it.
So what do I have to do to get mediation?
Thanks again

[Sam1068]

They are still 17000 plus to buy brand new.

[Sam1068]

start example.pdf it's virtually the same as this one. The company has gone bust, but they have set up in new name and location.

[Sam1068]

Anymore advice yet, tia

[Amethyst]

FInd out some second hand figures too.

R0b if you have any thoughts - Summary of this;

A static van was purchased by X for X and Y to live in on Y's parents property, with their permission.
X and Y split up and Y remained living in the van.
Y's parents offered to buy the van so Y could stay living in it.
X's parent offered to sell it to them for £15k. Reduced price from the original £19k cost due to some damage to the van caused by X.
No direct acceptance was made, more a we'll have a think about it, type thing and then subject changed.
A few months later X owed someone else for a car purchase.
Y's parents paid the debt (£4.6k) for X as part consideration for the Van ( that was explicit and included a mention of getting more money across when they could )
No further payments were made.

So X has sued Y's parents for the £10,400 balance. Y's parents have offered only to pay a further £2,400 taking the total 'offer' to pay £7k for the van.

[Sam1068]

Yes that's jyst about sums it up.

[R0b]

Yes sorry I did start looking at it but probably won't get back til later today

[Sam1068]

OK your help is very much appreciated.

[R0b]

So, I think I am up to speed on things although it is a bit of a mess.

When Y's parents paid for the outstanding car finance as part-payment of the price of the van, was there any mention before that payment being made as to a new price being agreed or suggested?

If the answer to that question is no, then I would be of the view that Y's parents had accepted the offer of £15k through their conduct of paying off the car finance and (whatever words used) saying that they will get more money across.

The fact that the offer was not rejected and communicated to X's parents and assuming that X's parents did not say the offer was time limited, then it would be reasonable, on the face of it, to say that the offer stood and was subsequently accepted.

That would be the starting position for me unless there is evidence to displace that presumption. I'm curious though, why has Y's parents offered to pay a further £2,400 as settlement of the claim, that's somewhat short of the amount originally offered, is that just an offer or is there a reason behind offering that amount?