When is High top Romahome not a High Top Romahome
In March last year I brought what I thought and what was sold to me as a 2002 Romahome from a dealer which is recommended by the club. I travelled from my home in Nottinghamshire all the way to Warminster to purchase it I lost my wife of 34 years in September
2014 and was looking for a small camper to encourage me to continue camping an activity we both loved. The camper was not as new and needed some cosmetic work but the price was right . In February this year I was camping at Peterborough when I got talking
to the owner of another Romahome like mine He pointed out some issues in relation to my van . As a result I contacted the DVLA and a friend checked the vin number with Citroen This revealed on the Citroen records that the vehicle was a C15 van and first registered
by a Dispatch company in Luton in 2002. I got more bad news when the DVLA informed the vehicles was converted to a motorhome in 2005 but not by Romahome but by a van sales garage in Market Harborough The dealer is considering their options and say they will
come back to me but saying As I have had use of the vehicle for a year they are not likely to refund the purchase price. I have now been waiting 7 days for them to come back to me with an offer .I have contacted trading standards who say they feel I have a
good Civil Case should I need to go down that route . I wonder any other members have had a similar issue
Comments
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An unusual situation and you probably need specialist legal advice,,,,,
Appreciating that you may not have what you thought you were buying,does your paperwork specifically say it is a Romahome, does the garage that you bought it from have any links with Romahome? On Romahomes own website they say they convert secondhand vans......
Are you actually happy with the vehicle otherwise.....??
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An unusual situation and the law under the Sale of Goods Act is not easy on this. It would be up to the judge if it went to court to decide what damages you are entitled to but a full refund plus other damages is possible.
I would have a word with the clubs Legal Helpline as well as Trading Standards as they will be better on damages and the law on this.
Not sure what you paid but damages in a small claims summons are limited to £5,000. After that you realy need a solicitor and the costs go up. It might be worth limiting a claim to £5,000 if you paid only just over this sum.
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I paid £8995 for what was sold to me as a 2002 Romahome I have the paperwork and the interesting point is all they are offering me back is £5000 I am prepared to accept less than I paid but I don't like being forced to take it because at the moment having
lost my wife I havent got the will power mentally to fight them and I think they know that.0 -
I am not qualified to offer legal advice on consumer law in England however a quick google indicates that the small claims limit in England is £10,000. It would appear from what you say that the vehicle was sold as a Romahome so it is clearly disconform
to description. In Scotland if you were induced to enter into a contract by a misrepresentation (i.e. that it was a genuine Romahome) then the contract can be deemed to be void from the outset with the result that the entire price is refundable.
The law may not be the same in England.The fact that you have got such clear advice from Trading Standards is encouraging. You must get proper legal advice and it may take the service of a small claims writ to grab the attention of the seller. Now that you know of the problem time limits will
be running so don't delay. You may be able to get free initial advice from Caravan Club, CAB or elsewhere. You may be able to initiate the action yourself without legal help. Check with your local County court clerk to see what they can do to help.Very sorry to hear of your bereavement but this is a time to be strong and focused on getting a resolution so push self pity to the back of your mind and bring a fighting spirit to the front of your mind. By the way don't post any progress treports on hear
because your dealer may be reading them.Very best of luck.
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Sorry. the limit has gone up since I retires and £10,000 is the new limit so you could sue for the full amount. Any discount on that would be far less than the almost £4,000 they suggest.
I am afraid that while I sympathise with your position you have to enforce your rights and take them to court even if you then take a compromise figure between £5,000 and £9,000. The alternative is to be trampled on and they will be laughing all the way
to the bank..0 -
It is not that uncommon for a romahome body to be changed onto a newer base vehicle. I have never had one of these romahomes and have very little technical knowledge but from what I have read it
can be done successfully. Have you tried reading any threads on "The Small Motorhome Forum" which was originally mainly about romahomes and has a lot of technical data and contributors with extensive Romahome knowledge. Years ago I did work
for the Small Claims Court and the process is not too difficult for the average person to master. I hope you have some success with whatever action you take.0 -
If the paperwork definitely states that it is a ROMAHOME then perhaps you have a case. But one thing to beware of is the habit we all have, including traders, of refering to items by a commonly used name. By that
I mean your vacuum cleaner may be a Dyson or a Vax but its still called a "Hoover" your common or garden ball point pen is a Biro, etcI do hope tho that if you are enjoying the vehicle and its doing all that it should do that you dont get involved in battle of words or even a court case because of some comments passed on a camp-site.
Brian A B M
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Having thought about it a bit more I do wonder if you are happy with what you have got even though it is not a Romahome. If so an alternative might be just to ask for the difference in value between a Romahome and what you got.
The idea that Romahome might be a generic name like Hoover or Biro holds no water legally. If it is described as a Romahome, Hoover or Biro then that it is what it had to be and not something similar.
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