Probably the wrong forum, but here goes. Got an on site cabin in a caravan village. It is being leased out through the onsite managers. I haven't received any money from them since July. Neither the management company or onsite managers will not speak to me of return my emails. I haven't got a huge amount for legal advice, so I want to know the right direction to take. Is there a realestate body who would be able to help?
Hi there, give Consumer Affairs a call and they will explain the process to you, which starts with a letter/email directly to the manager/director of the Caravan Park clearly outlining the situation, what you are owed, how it can be paid to you, and that it must be paid within 14 days or you will proceed with escalating the issue through Consumer Affairs.
Also read this, which explains how to go about getting a company shut down if it owes you more than $2k
https://www.propertyinvesting.com/forums/property-investing/help-needed/4344676
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
Are you able to go there yourself and talk to the managers in person? If so refuse to leave until you speak to someone and something is done
I agree with Joe, round up the necessary paperwork stating what is owed and rock up at the caravan park. Make it clear that you are not one to be taken advantage of.
Thanks for the advice folks. Have been down there a couple of times but I am told that I have to go through head office as they don't know what is going on at the other end. I had 2 other investment properties. I had a cardiac arrest, nearly died(at age 38) so I sold them and bought this as I thought it would be a hassle free investment. I had trouble BEFORE settlement. Should have seen the signs then. 7 years of grief, unsalable"investment". Never again.
Thanks for that bit of advice. Might just do it as this company have been treating quite a few people like myself with contempt over the last 7 years or so. I'm at the stage where I will sell my place at a loss just to get on with my life. It costs me around $13,000 pa just to keep it and I don't get one ounce of joy out of it.
Hi Andy.
Ring Dept Fair Trading, request help, just a phone call from them to the Van Park to assess the problem in order to avoid a Tribunal etc. In view of your health, they should be up to one lousy phone call.
If not, ask your solicitor to make one phone call.
Then take it from there, should make things easier, but ensure all your ducks are in a row, especially the written agreement you have with the van park ( hope you have one). If no paper agreement, remove your asset asap.
cheers
thecrest
thecrest | Tony Neale - Statewide Motel Brokers
http://www.statewidemotelbrokers.com.au
Email Me | Phone Meselling motels in NSW
Thanks for the post. No written agreement. I own the cabin and own the lease to the land, and according to my lease, I can do whatever I want with it. The 2nd and 3rd stage leases were changed so you could only lease it out through the park. I'm happy to let them lease out my cabin, but they don't like paying ant rent to me. This has been one of the problems over the years, apart from hiring horrible unfriendly people to run it. Don't understand why you put rude, horrible people as the face of a holiday place.
Gidday again folks. Consumer affairs, the ACCC, REIV and basically everybody that I rang were of no or little help. Rang Legal aid as well as a few other government bodies with no success. Had a chat to a solicitor and he wasn't overly interested either.(he actually asked me if I had any injury that I wanted to sue for) I suppose that it's the same old story. Money makes money, and we will screw the little guy because he hasn't got as much money to fight with. Anyway, Thats life. If any suckers are thinking of buying one of these places, do your homework. It costs me around $12.500 pa to have this place(mortgage, fees, insurance, etc) and I don't enjoy it one little bit. I could have taken the missus and kids on some ripper holidays for that.
If it was mine I'd go there unannounced and change the locks or worse, tow it away. They might buck up their ideas if they have holiday makers turning up to stay in a caravan they can't access. You need some form of written agreement or by the sounds of it they've got you by the balls.
Is it worth much if you sell it 'un-sited'?
Gidday Gazza. It's an on-site cabin. No wheels. I've got a full time tenant in there. I'm heading down there on the weekend, so we'll see what happens. As far as a written agreement goes, the only one I have is from when I bought the place stating that I can do what I like with it. The bit that shits me is if I fall behind with my annual fee, they can take action to cancel my lease on the land. If they owe me money, I can't do a thing about it. As the saying goes, "such is life". Some famous bushranger came up with that one.
If you are owed money you could sue them for it.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Andy 66 wrote:I've got a full time tenant in there. I'm heading down there on the weekend,As the saying goes, "such is life". Some famous bushranger came up with that one.
I am not familiar with these types of investments so take what I say with a grain of salt.
Speak to the tenant and explain the situation and see if they are agreeable to paying you directly and then you reimbursing the management company their dues.
Must admit losing $13K/annum on an 'asset' with questionnable resale value would make me think about cutting my losses and moving on.
Ben Cousins wore a tattoo emblazoned across his mid rift with that message too.
It looks like I will have to do that Terry. Unfortunately, the law isn't overly affordable for people like myself as apart from paying this greedy man, I have my mortgage on my primary residence and run a wife and 3 kids as well. I'm only really able to work part time, but am doing as much as I can to keep paying this place until this problem is resolved. As I mentioned in an earlier post, I contacted a solicitor and that he wasn't overly interested as I suppose it's not a big money spinner. I contacted him for a bit of direction, but in all honesty, I've got more info from all you guys on this forum. The main idea of buying this place was to do weekenders with the family and hopefully have it pay for itself as well. Will soldier on I suppose.
How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn’t pay up. I remember Terry mentioned it once
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
JacM wrote:How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it onceJacM are you referring to s459E of the Corporations Act?
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html
Issuing a statutory demand?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Sounds like a plan. The only thing is that there is no record of what is owed to me that I can get my hands on. Hopefully the tenant has got some receipts from the managers. I don't expect any help from the company. If they are too gutless to ring me and discuss the situation, they're certainly not going to co-operate in any way. Thanks again for the advice.
Terryw wrote:JacM wrote:How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it onceJacM are you referring to s459E of the Corporations Act?
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html
Issuing a statutory demand?
Hi Terry, yes. I remember it from this thread; https://www.propertyinvesting.com/forums/property-investing/help-needed/4344676
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
JacM wrote:Terryw wrote:JacM wrote:How much do they owe you? You can get a company shut down if it owes you more than $2k and doesn't pay up. I remember Terry mentioned it onceJacM are you referring to s459E of the Corporations Act?
http://www.austlii.edu.au/au/legis/cth/consol_act/ca2001172/s459e.html
Issuing a statutory demand?
Hi Terry, yes. I remember it from this thread; https://www.propertyinvesting.com/forums/property-investing/help-needed/4344676
Although it is very easy to issue and serve a statutory demand the next step could be very dangerous to the average punter.
What happens if they challenge it? You would need to either withdraw or front up to the supreme or Federal court ready to defend it.
If they don't challenge it then you will have to commence winding up proceedings and have an administrator appointed. Also in the Supreme/Federal Courts but much easier. Once this happens locks are changed and bank accounts are frozen and all the debts are paid or creditors are given partial or no returns at all depending on the assets of the company.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Oh Terry, how disappointing. It sounded like so much fun, getting a company shut down for not honouring what they owe someone!
Jacqui Middleton | Middleton Buyers Advocates
http://www.middletonbuyersadvocates.com.au
Email Me | Phone MeVIC Buyers' Agents for investors, home buyers & SMSFs.
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