GoWieder's Motorhome Story

The Rest of the RV Story

Well, here we are 2 years after filing Florida circuit court action lawsuit against Fleetwood, Spartan and Cummins, we finally have the rest of the story.

The ordeal of many hours of videotaped depositions, the intimidation, interrogatories, meetings, arbitration and mediation are now over. Best of all, we are no longer living in the Lemon.

Videotaped deposition of Marty and Dee lasted 8 hours each. Intimidation was used by videotaping and personal interrogating questions which only purpose was to waste time and money.

The trial date was scheduled between March 27, 2000 and May 5th, 2000. Lawsuit cited: Violation of Motor Vehicle Warranty Enforcement Act, Magnum Moss Warranty Act, Implied Warranty Act and Uniform Commercial Code, with petition for Trial by Jury.

NationsBank, NA held the loan for the 1996 American Eagle. On the back of the Loan Note there is a FTC Holder Rule, 16 C.F.R. 433.2 which states at follows;

Notice: Any holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller of goods or services obtained pursuant hereto or with the process hereof. Recovery hereunder by the debtor shall not exceed amounts paid by the debtor hereunder.

By the advice and after proper notification by our Attorney, we withheld making further payments to the bank.

After only 3 months, NationsBank ignored their own contract and proceeded to report our loan to the three (3) major credit reporting agencies as a "Bad Debt Write Off". Thereby, totally demolishing our consistent "excellent credit rating". We were told this write off was considered as devastating as bankruptcy. Then they proceeded in threats of repossessing the Motorhome. Interesting, when you full time and have pets. Although the Attorney was corresponding with the Bank, we risked coming home from the store and finding out that our home and pets would be gone.

NationsBank was added to our Lawsuit for reporting seriously adverse and false information against our credit histories affecting our creditworthiness.

A few weeks prior to our court date, documents revealed that the new 1996 American Eagle that Fleetwood provided to us as a replacement for the 1995 American Eagle, was actually in an CAR WASH and damaged the storage compartment doors. One could only guess at this point, what other damage had incurred in that accident. By us settling before trial, full details were not exposed.

We had questioned the possibility of a prior owner or accident, due to the many repairs and repainting the unit endured, at our initial scheduled pick up date. Remember that we mentioned there was 35 days out of service at the time we were to take delivery in Indiana (that must have been quite a PDI). Fleetwood had never revealed, in fact, they even denied this information before we took ownership.

There is no wonder why then, prior to our amending our lawsuit to include fraud, the Manufacturers offered to SETTLE OUT OF COURT.

It is illegal to sell a new motorhome with nondisclosure of an accident or known defects. Many times we have seen dealerships have to quickly repair damage they have caused in their lots to a new motorhome before their owners pick up their coaches. Unfortunately, the owners will never know it. All prospective consumers should ask, "Has this Motorhome been in any type of accident?"

NationsBank decided to settle out of court as well.

Settlement terms: We have been reimbursed for all our Repair expenses, Cost of Motorhome, Loan Note Payments including interest to the bank, and ALL the Attorney Fees were paid. The Manufacturers get the American Eagle back and pay off the remainder of the Loan Note.

NationsBank paid all attorney fees incurred due to their negligence, corrected our credit and compensated us for the damage to our credit.

There was one stipulation from the Manufacturers upon settlement: That we would not purchase another Fleetwood product, (like they needed to twist our arm). How do you like that though? As a consumer you exercise your legal rights and their solution is not to fix it but to restrict you from buying another one of their products.

We not only agreed to sign it, but we said we would let every consumer know what kind of products they build.

There is NO Confidentiality Agreement. Our WebPages will remain posted for information and a forewarning to all prospective buyers. It sure is an eye opener as to what could happen. We would not be stifled into silence, as it should be with all consumers.

It is a shame that manufacturers have such disregard for a consumer's quality of life, time and money. We are just one of many cases.

WARNING:This 1996 American Eagle Lemon Motorhome will more than likely be resold at a dealer, to an unsuspecting consumer.

The 1996 American Eagle was not formally declared a Lemon thru the courts. Thereby, forgoing the Lemon Law Arbitration branding to our knowledge.

Keep in mind that the defects could not be resolved in the 3 years we had it, so it may certainly continue to have the same Defects.The American Eagle was to be returned to Indiana, but due to the nature of the defects, the delivery driver would be stopping at Lazy Days in Tampa first.

GoWieder's Lemon American Eagle is out there.

BEWARE of VIN # 4STMT9KOXTC020414

Pass the word. Videotapes of the American Eagle defects are available upon request.

Now, with reimbursement in hand, find out where we go from here.

Visit us at GoWieder's, We Be Gone Story