Undeclared Modifications Discovered

[Pezza54]

Your claim under the Misrepresentation Act (the dealer misrepresented the car) for a full refund in accordance with the act, was rejected by the fc, maintaining that the dealer was entitled to deduct for usage on the refund

[Pezza54]

My post 44 didn't post and I had an error message with no content saved. Now it has appeared, my posts 45 and 46 repeat 44

[Bbooth79619]

Hi,

Thank you for the previous advice, I thought I'd just update. This is now with the ombudsman and so I'm waiting for further contact from them, I have however received an £80 fine from DVLA, it seems that the dealer never did anything with the V5C and so technically I've been the registered keeper ever since. I do believe that the car has since been sold on again but I don't know how to proceed with this fine, would DVLA accept an explanation and photographic evidence of the car leaving my drive ?

Thanks,
Brad.

[Pezza54]

As you now don't have the log book you should write asap to DVLA stating:
your name and address
the vehicle reg no
the make and model of the vehicle
the exact date of change of ownership
the name and address of the new keeper

Explain you have received a penalty charge notice that is not your responsibility as you were no longer the keeper on the date of the offence

[Bbooth79619]

Thank you, just to update further, the financial ombudsman has picked up the complaint and advised the below,

"I acknowledge your point regarding a full refund, however I will need to factor in the fact that you had over 10,000 miles use out of the car and a 'fair usage' deduction is a recognised payment that will need to be factored in."

It may seem that even the ombudsman agrees that the deductions may be fair, I've responded back advising that it was misrepresentation and not necessarily a pre existing fault.

[Manxman]

Thank you, just to update further, the financial ombudsman has picked up the complaint and advised the below,

"I acknowledge your point regarding a full refund, however I will need to factor in the fact that you had over 10,000 miles use out of the car and a 'fair usage' deduction is a recognised payment that will need to be factored in."

It may seem that even the ombudsman agrees that the deductions may be fair, I've responded back advising that it was misrepresentation and not necessarily a pre existing fault.

I may be mistaken but it's my understanding that the FOS doesn't always follow the strict letter of the law, and that they often try to arrive at what they consider to be a "fair" outcome. So they might take the view that regardless of what the legislation says that you should suffer some deduction for 10,000 miles you have driven in the car.

If you don't like the final FOS decision I don't think you are bound to accept it - unlike the finance provider - and there's nothing to stop you suing in court, if you think you'll win.



[Edit: I also think there's nothing to stop you pointing out to the FOS that you think their position is wrong in law, and that you should not suffer a deduction. See what Pezza thinks]

[Bbooth79619]

Thanks for the continued advice,

I've responded back and stated my understanding, asked for them to correct me if I'm wrong.

I'll see what verdict they give and then perhaps see if it's worth the stress of me going to small claims, at this point I'm kinda ready to just sweep it under the carpet.