Claims will be made concerning Unfair Pitch Fee Increase Contract Terms, Unfair Depreciation when selling caravans where buyers are not properly warned about the depreciation risks or are prevented unfairly from selling the caravans privately, and Undisclosed commission arrangements where caravans or motorcars are sold on finance.
For Pitch Fee Increases, the argument is that the standard form of licence agreement in common use in holiday parks contains unfair and unenforceable terms concerning annual pitch fee increases, and caravan owners are entitled to a refund of all annual pitch fee increases since the start of their licences and a freezing of pitch fees for the rest of the licence term at the full annual fee as it was in year 1 (where those terms apply - which we believe will be in most cases).
For the Unfair Depreciation claims, the argument is that caravan owners are restricted by unfair practices from being able to sell their caravan at a fair value, and where caravans are bought on finance, the purchaser should also be informed of the risks of significant loss of value on re-selling the caravan and/or that there is a substantial markup in the price for the caravan which the owner may not be able to get back if they sell their caravan after only a few years.
For Undisclosed Commission claims, the argument is that where caravans are sold on finance, full details should be provided to purchasers as to any commission payable by the finance company to the park operator/owner. The same issue arises concerning any motorcar sales where cars have been purchased on finance.
You will be advised in further detail about these claims in due course if you proceed.
If your claim is not successful:
- No legal fees will be charged
- You will receive no compensation
- The other side's legal costs will be met by an insurer
If your claim is successful:
Pitch Fee Increase claim
(a) your annual pitch fee will be frozen for the rest of your licence period (if you still have one) at the annual pitch fee that you paid in the year when you first started your current licence (even if that was with a previous park owner).
(b) you will receive a refund of all annual increases in pitch fees since the start of the licence(s) for which you are claiming, plus interest.
(c) your legal costs and other charges will be deducted from your refund. The amount of the deduction will depend on the number of people who join the Legal Action, but our fees are guaranteed not to exceed 50% of the refund.
Unfair Depreciation Claim
(a) you will receive compensation for some or all of the losses you have suffered by selling at a loss.
(b) your legal costs and other charges will be deducted from the compensation. Our fees are limited to a deduction from the refund of 37.5% + VAT. Some of this may be recovered from your opponent(s), which could reduce this deduction. You are guaranteed to keep at least 50% of the compensation.
Undisclosed Caravan and Motorcar Commission Claims
(a) you will receive compensation for the non-disclosure of commission arrangements in caravan and motorcar sales.
(b) your legal costs and other charges will be deducted from the compensation. These deductions are subject to a guaranteed fee cap depending on the value of your claim. For example a claim worth £1,500 to £9,999 would normally be subject to a fee cap of 28% of your compensation, plus VAT.
You will need to provide some basic information about your claim from time to time when asked and will receive regular updates about the progress of your claim.
It will be necessary to check the terms of your licence agreement and other matters to confirm whether your claim is likely to succeed, but for now please answer the following questions, which will give us some basic information.
