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karen-s

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Does anyone know if it's legal for a seller to describe a motorhome bed as being 6'1" long but the mattress (measured like you'd measure a bed at home from top to bottom) comes in at 5'1"? I am a small woman but I can't sleep on a five foot mattress!

 

I would never describe my king size bed as being 9 foot long because of the space between the end of the mattress and the wall but I guess that is what has happened here :-(

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Guest pelmetman

Are you making the bed up correctly and do you have all the bits?...............As I doubt any Motorhome builder wanting to sell campers would design a 5'1" bed 8-)..................

 

 

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karen-s

 

It could help is you said which make/model/year of motorhome has the 5’1”-long bed.

 

I note from your August postings here

 

http://www.outandaboutlive.co.uk/forums/Motorhomes/Motorhome-Matters/First-purchase-of-a-motorhome/35769/

 

that you were considering replacing your current ‘micro-camper’ with something a good deal larger (though still sub-6m-long). It’s also evident from your comments that you are approaching decision-making systematically.

 

It’s extraordinarily unlikely that a motorhome manufacturer would market a design that has such a short main bed. A lateral 'child’s bed’ might be that short, but a 5’1” main bed would make the motorhome’s manufacturer a laughing-stock.

 

As has already been advised, it may be that some sort of extension is required to lengthen the bed to a size suitable for an adult and such an arrangement is quite common with smallish motorhomes where interior space is at a premium. But it should be visually obvious that a 5’ bed is ultra-short and definitely not adult-size, and I would expect any potential buyer to spot this immediately and to query it with the seller.

 

If someone buys a motorhome without first inspecting it and based on an advertisement that states that the vehicle has a 6’1” bed, then subsequently discovers that the bed is a foot shorter, the advertisement’s description was clearly misleading and there should (in principle) be legal grounds for redress as mentioned here http://tinyurl.com/ofkzzgb

 

 

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Thank you :-)

 

Yes, the main bed in my micro camper is 6 foot, uses the front seat space and is very comfy. However, because I have a dog (8 months and growing!) I wanted to use the "upstairs" bed as there is not much space elsewhere for us both - I made this clear to the vendor. I went to see a very similar model to the one I have and the roof bed was really great so I paid for it without seeing it and when the van arrived it was difficult to gauge the exact size of the roof space. I was happy to px for something larger until the vendor offered me a price £9,000 less than I paid just over 4 months ago. Surely that's a lot of depreciation?

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Sorry, that was supposed to be a photo of the specifications I was sent! The bed is described as more than 6" but the mattress measures much less. If they measured the void beyond or diagonally then I imagine there would be more space. I just can't afford to lose that much money :-(

 

Thanks for the link - that's really helpful.

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I would suggest you write to the (presumably) manufacturer, and ask them to justify their claim that the bed exceeds 6' 0" in length, as the bed in yours measures only 5' O". Don't just email them, write them a letter and post it, send a copy attached to an e-mail by all means, but make sure the letter goes in the post, and make sure you keep a copy.

 

From your comments about surplus space at one end of the bed, it seems possible that you may have the wrong mattress, or that an extension piece has been omitted, so the remedy may be very simple. Stress that you need their reply urgently, as at present you can't use the van as you want, as you relied on their description of the bed when buying.

 

Give them a chance to reply, and then, if you don't get a response within a reasonable time, follow up by phone to find out who is dealing with your query, and ask them what the hold-up is. Depending on the response you get, you may need to make a note of the time, date, and name of the person to whom you spoke, and summarise what they said.

 

If their response is completely unhelpful, contact Citizens' Advice or Trading Standards for advice on how to proceed. That is when you will need your copy letter, any written reply from the firm, and your notes of any subsequent conversation.

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karen-s - 2014-09-23 6:20 PM

 

Thank you all. I'm not good at confrontation so I guess I'll just have to give up on the idea of a winter away and win the lottery more often ;-)

 

I've removed my avatar as I'd hate anyone to think I was bad mouthing my van on the Internet!

 

Why? If you have a problem with it surely it is better to forewarn others than to let them find out the hard way!

 

It is difficult to know if what you have is 'normal' without knowing exactly what MH you've got! A micro camper with an overcab bed of some sort, but no shower or insulation ...

 

I'm guessing something like a Romahome or similar due to your 'bathtub' reference, if that's the case there's no way they'd be wide enough for a 6' bed.

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karen-s - 2014-09-23 6:20 PM

 

Thank you all. I'm not good at confrontation so I guess I'll just have to give up on the idea of a winter away and win the lottery more often ;-)

 

I've removed my avatar as I'd hate anyone to think I was bad mouthing my van on the Internet!

What you do is obviously for you to decide. However, from what you have said it seems there is either a mistake with the mattress in your van, or the manufacturer's description refers to a different model, or the manufacturer's description is misleading and wrong. In any of these circumstances the manufacturer, who I gather sold you the van, is obliged to rectify his mistake. Even more so, as you relied on his description of the bed when buying.

 

There is no need for confrontation in the sense that you have to have an eyeball to eyeball red faced slanging match with the seller. If the manufacturer cooperates it can all be settled by exchanges of correspondence and a meeting or two. It is only if he does not cooperate that legal procedures become necessary. Even then, all the costs you incur in pursuing your claim can be added to the eventual bill. But, you must be absolutely sure that the advertisement on which you are relying is specific to your van, and that it actually says what you think it says, without reservation. If the foregoing is true, on the face of it, you have the law on your side, and the procedure is not particularly complicated.

 

However, what is not on your side is time. You need to talk to Trading Standards or Citizens' Advice as soon as possible with all the documents in your possession. They will give you advice on how to proceed.

 

Ultimately, if the manufacturer cannot put you in the position his advertisement led you to believe you would be in, he would have to take the camper back and refund you your money. But, to be able to gain that outcome you must immediately cease using the camper as a camper, so that you are clearly demonstrating that it is unusable as delivered, and also so that you cannot be accused of having accepted it despite being aware of its defect.

 

You are only expected to be aware of a fault as soon as any reasonable person would have become aware, you are not expected to have had prior knowledge of the fault. But, having discovered the fault, you are expected to act quickly, because for so long as you continue using the camper, and for as long as you keep it before notifying the seller that it has a fault that prevents your expected use of it, it is adding to his loss if the only practical remedy is to take it back and refund you. He would then have to sell it second hand, and the older and more used it is, the less it will be worth. A court would be likely to take into account any delay on your part in deciding whether you should be entitled to a full, or partial, refund.

 

Personally, I think you should at least do as suggested above and write to the manufacturer advising that the van is not as advertised, and that having relied on the bed size claimed in the ad, you find the van unusable, and ask what he proposes to do to remedy the defect. Then, as soon as that letter is in the post, talk to Citizens Advice or Trading Standards and see what they advise as the next step.

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