Terms and Conditions
This is the terms under which our Additional Guarantee operates. This is the entirety of the Additional Guarantee.
This guarantee provides protection to you up to the maximum sum of £30,000 when the product you purchase specifically includes it. In order for this Additional Guarantee to operate it is a requirement that You have complied with the Terms and Conditions of the Standard Guarantee operated by Experian. Further it is a pre requisite that Experian have accepted your claim and have either paid you (or have committed to doing so) in respect of the same transaction and vehicle that this Additional Guarantee is being claimed upon.
Definitions:
Us:
We are UK Vehicle Data Limited.
You:
A person (not a Company or Business) who seeks to purchase a vehicle for their own personal use and purchased a report from Us which specifically includes this guarantee. You subsequently purchased the vehicle upon which we reported and you are not involved in the motor trade in any way.
Designated Vehicle:
The vehicle correctly 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 or organisation not involved in the motor trade who is selling a vehicle owned by them and they are named as the registered keeper in the current V5.
Trade Seller:
A person or organisation who purchases motor vehicles with the intention to resell them and not to exclusively use them as their private vehicle. A Trade Seller 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.
Category 1: Stolen Vehicle:
If we have provided you with a report that states the designated vehicle was not reported as stolen and it subsequently transpires the UK police had already been made aware of it being reported to them as stolen and had recorded it upon the Police National Computer more than 8 working hours prior to the provision of the report; then a claim under Category 1 will apply.
Category 2: Insurance Write Off (Insurance Categories A-D):
When an insurer allocates a write off category (A-D) we report to You upon the entry made on the MIAFTR (Motor Insurance Anti Fraud and Theft Register) database. We use no other source. If at the time of the report we incorrectly advised you of the recorded insurance write off status of the designated vehicle (as recorded in the MIAFTR database) and provided the recorded details on the MIAFTR database occurred more than 8 working hours prior to the provision of the report then a claim under Category 2 will apply.
Category 3: DVLA & Mileage Data:
If we provide You with a report that reports upon DVLA held data some or all of which is subsequently confirmed did not correctly match the data held by DVLA at the time of the report provided that data was recorded by DVLA more than 8 working hours prior to the provision of the report then a claim under Category 3 will apply. Our mileage records are those supplied by to our various partners and DVLA. We have no control on the accuracy of this data and mileage records we supply exist to alert you to a potential mileage discrepancy. We offer no guarantee in respect of the efficacy of mileage records, save that what we supply you is what we have been provided.
Category 4: Recorded Finance:
When we report to You regarding a finance charge it means that at the time of the report we have interrogated the HPI Finance Register and reported to you the entries which are recorded thereon for the vehicle in question. If we misreport that information then a claim under Category 4 will apply.
For the avoidance of doubt any and all claims relating to finance charges that are not held on the HPI Register are specifically and completely excluded from any claim.
Your obligations in all cases:
1. You must have complied in full with the requirements of the standard Experian terms and conditions.
2. You must have inspected the whole of the V5 document. You should make a copy of the V5 prior to completing the purchase of the vehicle and keep it safely.
3. You must keep safe a copy of any advert you have seen for the designated vehicle. If it is 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.
4. You must receive a signed and dated receipted bill of sale from the seller detailing the transaction between you and the seller.
5. 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.
6. 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. If you have not purchased from the registered keeper or a bona fide trade seller operating from trade premises then no claim will be accepted under this guarantee.
• 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.
7. 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.
• 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 same as the name of 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.
8. 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.
9. You must register the designated vehicle in your name and insure and tax the vehicle immediately after purchase.
10. 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.
How we handle claims:
Should your claim be approved by us we will make payment to you as long as the following criteria applies:
• Experian have limited the amount they paid you (or will pay you) by virtue of their claims limit of £30,000 and only because of this limit.
• We will pay you an additional sum up to our limit of £10,000 (representing the total amount payable by both Us and Experian) and it will be calculated in the following manner.
Claims under Category 1:
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 under Category 2:
We will pay you either (at our discretion):
i) The reasonable 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. If payment is made under this sub section, we take possession of the vehicle and become its legal and sole owner.
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. By way of general 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 under Category 3:
We will pay you:
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 data supplied by us.
Claims under Category 4:
You will grant us your full authority to negotiate a settlement with the Finance Company involved and we may make a payment (at our discretion) 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 deemed to be settled in full.
If an agreement we deem acceptable cannot be agreed 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 – 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 on an ad hoc, part time or full time basis.
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 is 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 and/or any claim to Us.
8. If you are subject to a criminal investigation, charge or conviction related to the designated vehicle.
9. If you failed to inspect the whole of the original V5 current document prior to purchase. For the avoidance of doubt, if you purchase a vehicle without inspecting the whole V5 document (not just the "green" slip) then no payment will be made under this guarantee.
10. Any and all cash payments you made in excess of £500 or 10% of the purchase price (whichever is the lower) are excluded in their entirety from this guarantee.
11. 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.
12. 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.
17. Unless it is specifically included as part of the guarantee (Sections 1-4) any and all other claims are excluded in their entirety.