Hello, just joined up but could do with some info

[solidgold]

I just joined up as this seems to be quite a useful forum.

Having a problem getting a refund for caravan site fees

Has anyone challenged a holiday caravan site to get a refund of pre-paid site fees especially when a caravan was sold and new occupants also paid site fees for the same pitch for the same licence period? Has anyone ever challenged a caravan site using the Unfair Terms of Consumer Contracts Regs and if so what was the outcome?

I have asked on other forums but it seems as though anyone who has a holiday home on a caravan site is too frightened to do anything in case of reprisals but there must be some case law out there somewhere just no idea where to start looking.

Any help greatly appreciated.

[Caspar]

Re: Hello, just joined up but could do with some info

Do you have a copy of the agreement you signed when you took on the caravan. I know site fes are very expensive, but the answer I feel will lie in the agreement and any attached Terms and Conditions.

[enaid]

Re: Hello, just joined up but could do with some info

Hello solidgold and welcome,
I think you will find in the T&Cs that site fees are none transferrable, if this is the case then I do not believe any rebate could be claimed.

[solidgold]

Re: Hello, just joined up but could do with some info

Thank you for the replies and I fully understand the position as far as terms and conditions are concerned.

However, the OFT guidance says that refunds on a sliding scale are not disagreed with in principal providing it reflects any losses made by a site on the sale of a mobile. It goes on to say that it is up to a court to decide and has the potential to be challenged.

The terms of these agreements are however classed as unfair in the Unfair Terms of Consumer Contracts Regulations as they are detrimental to the consumer. This has been confirmed by a solicitor and by the CAB but the OFT or Trading Standards cannot bring any action as they apparently have only had enquiries and not complaints. They have also said it is up to a court to decide and I just wondered if anyone had ever challenged any of these sites. If so was there a court case and when. All I can find out at the moment is that these conditions have been challenged but have been settled before reaching a court.

I would really love to win this one as it will hopefully put a stop to these sites ripping people off when owners are often too scared for fear of any reprisals to challenge these terms. Terms have recently been changed I suspect due to the possibility of a challenge and the sliding scales have been considerably extended.

We were told we could not have a copy of any agreement until the mobile had been paid for in full which again I think may be open to challenge but at the time of buying we were unaware of the laws due to living abroad for a number of years. Hence the signing before seeing the agreement. Just assumed that we were dealing with someone honest and fair, some of these site owners are anything but.

[solidgold]

Re: Hello, just joined up but could do with some info

Still looking for information

Does anyone have any information about unfair terms in standard contracts (contracts not individually negotiated) and have any of these terms been challenged. If anyone has any information on case law for this I would be very grateful for anything useful