They owe me money

Reading PP are you all saying don’t take anyone to the small claims court? We are in the process of suing a builder, (we have yet to pay the hearing fee) but if what you are all saying is don’t bother as they can get out of paying then what is the point?

It depends on how good a case you have and what assets the builder has to satisfy any judge ent. The builder might be a limited company with no assets. The builder might be a man living in rented accommodation paying maintenance for his ex and kids. His van might be rented. It pays to do your homework first.

It's often a waste of time going after someone through the small claims court. I did it once and my DH did too. Many years ago. We both won but the people in question wouldn't pay up. We were told we would need bailiffs which would have cost quite a bit.

At this point, this has become a power game for OP, I think

No money will ever change hands and relationship is ruined

The children will get over their disappointment and you can pay for a different holiday for them with the money it would cost to get the bailiffs involved
Hithere is right it’s become a you won’t beat me struggle

Often caravan rentals are minute. The owner pays gas, electricity, cleaning before and after the stay, and the renters take no care of their holiday home, or the site owners rent them at very cheap rates for people with vouchers from tabloids so they have strangers in their homes and make a loss.

We have a lodge on a holiday park and made very sure before buying that subletting is strictly prohibited. Of course I’m not saying that you would be anything other than respectful, OP, but maybe this woman has had her fingers burnt. She should refund your money, but maybe she is setting that against losses from other renters. It’s rubbish for you, but I suspect the others are right and you are wasting your money by perusing this. Have you approached the site owners? It’s possible (but unlikely) that they might step in on your behalf.

I know there is a principle at stake but how much money are we talking about here and how long has this dispute been going on?

It occurs to me that the people who were going to occupy the caravan were not the same people who made the original booking with the niece that the new owner agreed to honour.

What happened to other people who had booked with the niece? Did they get their holidays?

OP says new owner would not give her the codes. What are these? Entry codes to the van, the site and site facilities? Why did OP’s daughter not become the point of contact?

Did the owner know about the change of occupancy and had she agreed to it? If she didn’t know then I would argue that she may not have been legally bound to honour the booking.

Generally speaking, we don’t book a hotel room, holiday cottage etc and send someone else in our place. Holiday lets will sometimes stipulate no children under (or over) a certain age.

I understand that the court has ruled in OP’s favour but has it done so in possession of all the facts? What representations did the van owner make to the court or did she not appear?

I'm intrigued to know why the booking was cancelled. Was the gas leak excuse found to be genuine? Was it a leak in the van or on the site? If there was no leak, has it been established whether the van was occupied for those week(s) and by whom?

There are always two sides to a story. I suppose I'm asking for the owner's side as it seems rather foolish of her to risk her business and her credit rating in this way. OP says the caravan is paying money all year so we assume it’s an ongoing business. Anyone offering a service now has to be very careful of negative feedback.

I assume OP is going through the various steps described here:

www.gov.uk/make-court-claim-for-money/enforce-a-judgment

It seems extraordinary for the van owner to go to extreme lengths to avoid paying if the court, in full possesion of the facts, has found her culpable.

Of course with hindsight your niece should have cancelled the booking and given you a refund.
Now write it off and put it down to experience, in future pay by Credit Card then you have an easy way of getting your money back if it does go wrong.

In theory you could pay £71 and get it transferred to the high court where you can get an enforcement officer with much greater powers. They have the power to put a charge on someone's house or even threaten to make them bankrupt (if the debt is over £5000. However if the person owing the debt has paperwork to prove that they dont "own" any assets its not worth pursuing them. If you know the name of their business you could expose them on social media.

I doubt the debt is over £5k - we’re talking about a holiday in a caravan.

Germanshepherdsmum

I doubt the debt is over £5k - we’re talking about a holiday in a caravan.

I agree that it’s most unlikely to be anywhere near £5k. More like £1200 if it’s a popular park and the booking is in high season.

It’s still a lot to lose, and I do sympathise with the OP, but I think she’d be best advised to write off the loss.

The OP seems to have gone - I’d be interested to know whether she has approached the site owners, as there are a lot of unanswered questions.

As I say, the park where our lodge is doesn’t allow rentals, but people can let friends and family stay so long as no money changes hands. Are the rules the same on this park? It tends to be the big ones (eg Haven) where caravan owners can sublet, but many realise that the risks are high and the profits low, so stop doing it.

Has the new owner decided against renting it out? I don’t know what ‘codes’ are for, but if they relate to the use of facilities on the park the owners are likely to be interested if they are being fraudulently sold. Does the OP know for sure that the caravan was sold on the understanding that bookings would be honoured? Did money change hands at that point? Who got the profit from the holiday, the niece or the new owner? I know the OP was asked for more money- was that paid, or just a deposit?

Hithere it's not a power game, how silly. What would you do if it was your grandchildren crying? just say oh well? The codes were for the key safe to the caravan. Doodledog Yes I approached the site owners, they wont do anything as it's not their van. Thank you all for your replies I will see what the next stage brings, but doubt I will see any money.

I think, from what you’ve said, that this has long since stopped being about your grandchildren crying - you said you paid for an alternative holiday for them. Sooner or later this woman will need to improve her credit rating - which will mean satisfying this and any other judgements. I expect you have asked for interest on the judgement debt - currently 8%.

The grandchildren know nothing about it, the oldest is 9. I did pay for another holiday later making me out of pocket twice

This is an expensive mess for you, but as far as the GC are concerned you say they know nothing about it and you have in any case treated them to another holiday so I don’t quite know where the “tears” come in.
You could try one of the financial advice columns eg Daily Telegraph to get the money refunded but I fear court action or bailiffs will only cost you even more.

Doodledog they were very upset they could not go as expected. They know nothing of the court case as too young Germanshepherdsmumif I didn't take a stand maybe there will be other family's getting scammed

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Why can't your adult children pay for her own vacations?

That is weird

Doodledog they were very upset they could not go as expected. They know nothing of the court case as too young.
I think you may be mixing me up with someone else.

Hithere

Why can't your adult children pay for her own vacations?

That is weird

In what way weird? There was once I only got a holiday because my parents rented a house and invited my husband, baby and I to go stay with them for free. Should they not have enjoyed giving us a seaside break we otherwise couldn't afford?

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Compare your post of 12.29 with the other reasons you have given for taking action, including the thread title and your grandchildren crying. Of course you’re taking action to get your money back!

Germanshepherdsmum of course it's to get my money back. I doubt I will win but it may stop them for doing it to someone else.

It’s a confusing story it seems the holiday changed hands a number of times
First it was for you with your niece then she sold the van under your feet so it became your holiday with the new owner but then you changed it again and it became your daughters holiday, then the new owner decided she didn’t want any of you in it after all, but instead of giving you your money back retained it and having gone to court twice still no money and no solicitor Have I got that right ?
You know you are not going to get any money back because you say quite clearly that you don’t think you will so why not just give up
Forget crying children you said that you have bought them an alternative holiday so they’re happy and certainly not crying still
I feel sorry for you but sometimes in life you just have to accept that things have gone pearshape and you pick yourself up brush, yourself down and carry on …..making your mind up to always pay anything big with a credit card in the future
No point keep on spending good money after bad, cut your losses and put it down to experience
If you want revenge make a post on fb

BlueBelle thank you I didnt think to pay it on my credit card, next holiday I will. Yes I don't think I will win and will cut my losses, Karma my sort them out. I have a court date due now so cannot back out till after that.

OK Sandye as you’re committed to that court date good luck but I d just let it go then and move on no point in trying any longer put your energy and money into something nice to look forward to