These are the terms and
conditions under which our Guarantee operates. This is the entirety of our Additional
Guarantee.
This additional guarantee is an
offer from Us to You. We already operate a “money back guarantee” (a 100%
refund to You of the amount You have paid Us) which applies in the event we
report to you information which is not as was provided to ourselves, or if we
failed to report data from the sources we commit to you that we use that was
available to us.
This Additional Guarantee provides
protection to you up to the maximum sum of £40,000 but is only applicable if all
the following conditions and obligations are complied with fully.
Definitions:
Us: We
are UK Data Services Ltd
You: A person (not a Company or
Business) who seeks to purchase a vehicle for their own personal use and who purchased
a report from Us. You subsequently purchased the vehicle upon which we reported
and you are not involved in the motor trade in any way.
Designated Vehicle: The UK registered vehicle identified by
the registration mark you provided us, for which you purchased a check from us
and which you subsequently purchased.
Private Seller: A person, executor or business not
involved in the motor trade who is selling a vehicle owned by them and they are
named as the registered keeper at the time of the sale to You.
Trade Reseller: A person or business that sells motor
vehicles that they have not purchased as a private Seller. A Trade Reseller
trades from bona fide business premises and is registered for VAT.
Working Hours: The 8 hours between 9am and 5pm on
Mondays to Fridays, excluding UK public holidays
The Categories of Claims
applicable to this guarantee
Type A: A Stolen
Vehicle
A claim under this section may be
made if we stated in our report to You the Designated Vehicle was not reported
as stolen and it transpires it had already been reported to the police and
recorded upon the Police National Computer.
Type B: Insurance Write
Off (Insurance Categories A-D)
A claim under this section may be
made if we stated in our report to you that the Designated Vehicle was not
recorded on the MIAFTR database as being recorded as being a write off category
(A-D) when it transpires that it had been recorded as a write off on the MIAFTR
by an insurer.
A claim under this section may
also be made if we stated in our report to you that the Designated Vehicle was
a write off category of a category lower (e.g. “D” rather than “A”) than was in
fact the case.
In both instances for a claim to
be made under this section the data which we failed to report, or failed to
report correctly must have been recorded on the MIAFTR database.
Type C: DVLA &
Mileage Data
A claim under this section may be
made if we stated in our report that data we have obtained from DVLA is
incorrect provided to you. For the avoidance of doubt, we do not offer any
guarantee on the accuracy of DVLA data, our guarantee to You is that the data
we report to you is an accurate portrayal of what DVLA.
A claim under this section may also
be made if We failed to accurately report to you the mileage records we have
obtained from various third parties. For the avoidance of doubt we have no
control on the accuracy of mileage records and our guarantee is only that we
have supplied to you correctly the data which has been provided to us.
Type D: Finance
A claim under this section may be
made if we failed to report to you a recorded finance charge on the Experian
Finance Register.
For the avoidance of doubt it is
not a legal requirement that all finance houses record their finance charges
and our guarantee only applies to charges which were recorded on the Experian
Finance Register which we failed to report.
Your Obligations (in order to qualify for this
guarantee)
1.
You must have viewed and diligently inspected the whole of the V5 relating
to the Designated Vehicle. You must make and retain a copy of the V5 before You
complete the purchase.
2.
You must keep safe a copy of any advert you have seen for the designated
vehicle. If an internet based advert you should either take screen dump(s) and
save it in a document or print out the advert in its entirety.
3.
You must receive a signed and dated receipted bill of sale from the
seller.
4.
You must limit any cash transaction in respect of the designated vehicle
to a maximum of either £500 or 10% of the sale price of the designated vehicle
whichever is the lower.
5.
When purchasing from a private seller you must:
·
Verify the identity of the seller (you should inspect a photo
Driving Licence or Passport ). If this is not available but some other identity
is offered contact Us first for verification this is acceptable within the
terms of this guarantee.
·
Verify the seller is the current registered keeper and the seller
resides at the address stated on the V5. You must view a current utility bill
and record the account number or reference from it. If you have not purchased
from the registered keeper or a bona fide trade seller operating from trade
premises no claim will be accepted under this guarantee.
·
You must specifically ask the seller if the vehicle has been an
insurance write off or has any attaching finance charge and decline to purchase
if this information contradicts our report.
6. When
making payment (other than a deposit) you must use one of the following UK
methods. Transfers using money transfer Companies (e.g. Western Union) or any
email or internet accessible electronic transfers are not acceptable methods of
payment and using them will prevent you from making a claim under this
guarantee.
·
By crossed cheque payable to the registered keeper named on the
V5 from an account held by You
·
By direct bank transfer to a UK account in the name of the
registered keeper named on the V5 and from an account in your name.
·
By Debit or Credit card where the merchant shown on the
credit/debit card receipt is the registered keeper named on the V5 or the bona
fide dealer from whom you are purchasing.
·
You paying in a UK Bankers Draft into a UK account in the name of
the registered keeper named on the V5. A stamped receipt from the Bank to
verify the details of the transaction must be retained.
·
A Finance Agreement taken out in your name by a member of the
Finance and Leasing Association and where payment was made directly to a trade
seller.
7. When purchasing from a trade seller you must:
·
Take reasonable and prudent care to ensure you are purchasing
from a bona fide motor dealer and ensure the transaction takes place at bona
fide trade premises. For the avoidance of any doubt, transactions occurring in
premises which are not clearly identifiable as a business selling vehicles with
appropriate signage will disqualify You from making a claim.
·
Specifically ask the seller if the vehicle has been an insurance
write off, been involved in an accident or has any attaching finance charge. If
this information contradicts our report you should decline to purchase the
vehicle.
8. You
must register the designated vehicle in your name and insure and tax the
vehicle immediately after purchase. A vehicle without a current MOT at the time
of your purchase is excluded from this guarantee
9. When
accepting payment or other settlement from us under the terms of this guarantee
you irrevocably transfer to us any and all rights to pursue compensation or
other value from the person or organisation you purchased the designated vehicle
from. You agree to provide us with any and all evidence necessary for us to
reasonably pursue that claim.
10. There
is no guarantee if You purchased the vehicle for an unreasonable price.
It is deemed unreasonable if
you paid less or more than 70% of the published applicable value in Glass’
Guide at the time of the purchase.
How we handle claims:
Should your claim be approved by
us we will make payment to you:
Claims Type A
We will pay you the same amount
you paid for the vehicle, or the reasonable open market value (whichever is the
lower) if the vehicle has been impounded by the police and the police have
either returned the vehicle to another person or are in the process of so
doing.
Claims Type B
We will pay you either (at our
discretion):
i) The open market
trade value of the Designated Vehicle adjusted in line with the insurance
category we stated existed as opposed to the one which actually applied, or the
amount you paid for the vehicle, whichever is the lower, as full and final
payment.
ii) An amount of
money as compensation being equal to the mean average of the reasonable
diminution in the trade and private sale value of the Designated Vehicle at the
time of the claim. The diminution calculation is strictly that attributable to
the differences in value which exists solely as a result of incorrect insurance
classification provided. As guidance a Category D classification typically
reduces the value of an otherwise identical vehicle with no classification by
10% and Category C by 15%. Category B vehicles are valued as for spare parts
only and a Category A as scrap (to be destroyed).
Claims Type C
We will pay you compensation
being equal to the mean average of the reasonable diminution in the trade and
private sale value of the designated vehicle at the time of the claim. The
diminution calculation is strictly that attributable to the differences in
value which exists solely as a result of incorrect data supplied by us.
Claims Type D
You will grant us your full authority
to negotiate a settlement with the Finance Company involved and we may attempt
to settle the finance charge in order to allow you to gain full title to the
designated vehicle. If we achieve this, your claim is settled in full.
If an agreement cannot be reached
with the Finance Company, we will pay you an amount equal to either the
reasonable private sale value of the designated vehicle at the time of the
claim, or the amount you paid for the vehicle, whichever is the lower.
General Exclusions no specified
above – When no payment will be made under this guarantee
1. If you knew, you
reasonably should have known, or had reasonable cause to suspect the data we
provided in the report on which you relied when making a claim was incorrect
prior to you purchasing the designated vehicle.
2. If you are involved
with the motor trade in any capacity.
3. You fail to provide
timely accurate and full information to us when making a claim.
4. If you willingly disposed of the designated vehicle
prior to our investigation into your claim being complete.
5. You misrepresent
any facts to us at any time.
6. If you failed to
take reasonable and prudent care.
7. If you failed to act ethically or with good faith at all
times in respect of all matters concerning the designated vehicle, its use,
purchase etc. and/or any claim to Us.
8. If any data printed on the V5 which you either saw (or
should have seen) prior to purchase of the designated vehicle contradicts any
data from our report.
9. A Misrepresented Vehicle. This is a vehicle which
carries a registration mark which is not the correct one for the vehicle. This
is sometimes known as a “cloned” or “ringed” vehicle. We offer no guarantee to
our customers in connection with misrepresented vehicles and all misrepresented
vehicles are specifically excluded from this guarantee.
13. Any amount or value
in excess of the guarantee limit we have provided to you.
14. Any claim where you
have failed to follow your obligations or met the definitions as detailed
herein.
15. This guarantee is
not transferrable to any person or organisation.
16. Any claim in respect
of consequential loss of any kind whether such loss is foreseeable or not.