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    #16
    Originally posted by jondxxx View Post
    As far as I am aware it is an offence to sell an unroadworthy vehicle even for private sellers. With a dealer then trading standards would be the people to go to and they may even be interested in this case. Was the seller the owner of the van at the time of the dodgy MOT in which case some collusion may have taken place. The MOT inspector must have had some incentive for faking the test.
    My inclination would be to approach the seller through the proper eBay channels and see what he has to say.
    The issue is proving that the seller knew it wasn't roadworthy, not a simple thing to do.
    Better a rainy day on the hill than a sunny day in the office!

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      #17
      What area did you buy it from ?? It wasn't by any chance in the Taunton /Chard Somerset area was it??

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        #18
        Originally posted by Stuart Woodward View Post
        What area did you buy it from ?? It wasn't by any chance in the Taunton /Chard Somerset area was it??
        From georgygirl's original post she says it was from Wigan
        https://community.smallmotorhome.co....romahome-owner
        ______________
        Guardian of the Ducks
        2 2 2 2 2 2 2 Quack!

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          #19
          Yes, thank you I missed that in the opening post. Another OAP MOMENT!!

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            #20
            Originally posted by Caz View Post
            I am sorry to hear that your little van hasn't turned out to be all that you thought. However, a lot can happen in a year and, as I understand it from your post, you were relying on an MOT done last year and bought the van a few weeks before this year's was due. The MOT only implies that all is well on the day of the test. Having said that, it does seem a bit dodgy.

            As it was a private sale I think it will be very difficult to get any money back, but you could appeal to the seller for some help in getting it put right.

            As I said, a lot can happen in a year - I had an Autosleeper a few years ago that I bought with nearly a year's MOT, it sailed through its MOT test a year later, but by the following year it had corroded so much that it needed £3.5K spending on it to get it up to scratch. I had it checked at two places I trusted and both said the same.

            I hope you are able to sort it out and don't end up too much out of pocket.
            I bought my camper with 4 months MOT on it, being told all the welding had been done. I expected the usual problems for the MOT with a vehicle of this age. My van needs 11 plates of welding. I don't think all that could go in a year.

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              #21
              Originally posted by Rob B View Post

              The issue is proving that the seller knew it wasn't roadworthy, not a simple thing to do.
              Yes, Rob, that's exactly the conclusion my mechanic came to. I have 8 years of service history and can do my detective work. For 6 years the van was looked after in Blackpool and was obviously loved. In 2015 it ended up being sold by a motorhomes dealer in Preston to the previous owner, D with 10 months MOT.
              D then used the dodgy MOT centre in Liverpool for 2016's (clean pass, no advisories) and 2017's MOT's.
              I did my vehicle checks before buying it and printed out the vehicle's MOT history.

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                #22
                Thank you to everyone for your commiserations and advice, it's been a great help. I have to contact D, the seller with my case and give him a chance to respond.
                Also, I have to decide what I want. Do I want my £2,300 back to start all over again finding another Romahome?
                Or do I find out what the vehicle is actually worth in it's current condition, take that off what I paid, and use the money to fix the van?
                My mechanic doesn't weld so his welder needs to assess if indeed it can be done.
                There's a coolant leak and an oil leak.
                I will put all this to D in an email via EBay. If he doesn't respond within 8 days I think I can open a case with EBay and ask them to step in.

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                  #23
                  Originally posted by georgygirl View Post
                  Thank you to everyone for your commiserations and advice, it's been a great help. I have to contact D, the seller with my case and give him a chance to respond.
                  Also, I have to decide what I want. Do I want my £2,300 back to start all over again finding another Romahome?
                  Or do I find out what the vehicle is actually worth in it's current condition, take that off what I paid, and use the money to fix the van?
                  My mechanic doesn't weld so his welder needs to assess if indeed it can be done.
                  There's a coolant leak and an oil leak.
                  I will put all this to D in an email via EBay. If he doesn't respond within 8 days I think I can open a case with EBay and ask them to step in.
                  Just to be aware, i know from bitter experience that Ebay will only refund monies paid via paypal, If you paid cash, cheque or bacs transfer then they won't refund you. They can instruct the seller to refund you if they side with you but thats all.
                  Better a rainy day on the hill than a sunny day in the office!

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                    #24
                    Thanks everyone.
                    No luck so far with getting my money back from the private seller on EBay. Yes, Jayjay, I am going for misreprensation of the original description, having kept my print out and all the other written answers from the seller about my pre-sale enquiries of the vehicle's condition. Also, of course, the fact that he collided in getting a dodgy MOT done.
                    I am going through EBay channels. As seller has not responded within the required 8 days, I can now open a case and ask EBay to intervene.
                    Yes, asking the dodgy MOT man to pay for repairs is an option. We had to laugh- when my mechanic rang him up, the guy was so panicked that after blaming his welder and still being questioned, he blurted out "well, the bloke (owner) said he was going to scrap it!" Classic.

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                      #25
                      good luck with it all, GG. I think you will eventually have to go to trading standards or the small claims court though. If you have all the proof in writing that the vehicle was dodgy, then you will have a good case.

                      Comment


                        #26
                        If the RH is sold not as described then you could be entitled to a repair, the difference in cost between what you paid and the value of the RH or a refund. If this is the case then I would contact the seller to say this and obtain three quotes for the work then request they pay.

                        However.... I am unclear about the MOT certificate which appears to be 8 months old. Does the list of faults refer to defects which would fail an MOT or are they Advisories, ie the corrosion/welding which might not necessarily not cause an MOT failure but is a fault for the owner to be aware of? This is key. (My Kangoo panel van was previously owned by a farmer, had lime in the nearside sills and this caused extensive corrosion from the inside out. However, although I sold it in 2011 it was a further 4-5 years before the welding was actually necessary for an MOT pass and this could apply to your van.)

                        Is the MOT really fraudulent? It sounds to me as though it might be legitimate if supplemented by advisories. This isn't clear from your post. If the list of faults relate to unrectified MOT-failure items and if a pass certificate was then issued, then this is another matter. Proving the condition of the vehicle 8 months ago will be a challenge though.

                        I'm not sure whether there is a case here. How exactly did the seller word the advert? Did he say it was corrosion-free and no welding needed or did he say it had recently had extensive welding? If the former then you may have a claim if it is not as described. However, from your initial posts, it sounds to me as though the seller was careful in his choice of descriptive words. If he had stated that all welding work required to pass an MOT had been undertaken then you would have a clear case but I can't see anything to suggest he did and that the RH was actually true to the advert but there were defects which you didn't spot. If he had stated anything further regarding the description in the pre-sale inquiries or it is genuinely unroadworthy, which would be an offence under Section 75 of the Road Traffic Act 1988, then this could change things, of course.

                        There's no harm in pursuing this via eBay/PayPal which tend to take the buyer's side in disputes.

                        Good luck.
                        Last edited by karenw; 27-05-2018, 20:02.

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                          #27
                          As we all know, I am a huge C15 fan, but even the youngest original C15's Romahomes are now at the very least 16 years old. And yes they are, as anything after that is a clone and is just as dubious to buy as any other Romahome C15.

                          This means that all Romahome C15s are very old vehicles and if they were a car it is very likely that they would be worth just a few hundred quid or even scrapped, by now. It is not easy to weld the underside of a C15 Romahome as there is an awful lot of flammable fibreglass knocking about, quite obviously, so once they have started to be welded, it is not unfair to say that it is the start of a downhill slope to eventual scrapping. How long this will take it is impossible to tell, but without a decent restoration (not easy on a C15 Romahome due to the fibreglass pod) it will eventually bite the dust. And I would suggest that 11 welded plates is biting the dust, unfortunately.

                          Yes, of course it can be repaired, but for how long and at what cost?

                          If it was me, if you get the refund, go for another small motorhome. C15 Romahomes are wonderful, but they are long in the tooth. There are lots of other younger and interesting small motorhomes and campervans out there.

                          Good luck and keep us informed of the outcome.

                          Panda
                          These broken wings are gonna leave me here to stand my ground........

                          Comment


                            #28
                            Georgygirl, I'm so sorry to read this. I remember that you made your first post on this forum around the same time I made mine, and I picked mine up a week or so after you did. I feel for you and realy really hope you get this sorted. Karma.
                            Away with the Fairies

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                              #29
                              Has this now been resolved?

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                                #30
                                Originally posted by karenw View Post
                                Has this now been resolved?
                                No idea. Not heard anything else from georgygirl would love to know how things are going.
                                ______________
                                Guardian of the Ducks
                                2 2 2 2 2 2 2 Quack!

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