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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience:  Over 5 years in practice
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I found a personalised car registration number on-line and

Resolved Question:

I found a personalised car registration number on-line and purchased it on the telephone form the company called Plates4less on the Th January 2015. I paid in full £357.00 using Visa Credit Card. It was explained to me that I this payment is not refundable. The goods were not delivered yet. Today I changed my mind, can I still demand a refund on the bases of consumer rights ?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Thank you question. My name is ***** ***** I will try to help with this.
Have they transferred it to you yet?
When did you pay?
Customer: replied 1 year ago.

I paid on the 15th January 2015, They have not done any transfer yet. I paid to reserve the number plate, and received documents from them to be signed and returned in order to proceed with DVLA

Expert:  Jo C. replied 1 year ago.
This is a to which the distance selling regulations would not apply sadly because it is essentially personalised. Therefore there is no automatic right to cancel.
If you do cancel then they will only a claim sum of their loss. If they haven't done anything yet then the loss would essentially be lost profits which will be nothing like the sum of the contract.
However, the difficulty here is that you seem to have paid in full and so the onus will be upon you to reclaim. You can try to get visa to reclaim. If that succeeds there is nothing to worry about. if not though you would have to sue at the small claims court.
They may well settle. They will not want to go to court over this.
Sorry if that is bad news.
Can I clarify anything ?
Customer: replied 1 year ago.

This personalised plate was not made , It already exists. Plates4u act as a third party buying it of another person who wants to sell it. And selling it to me. Does this change the outcome of my query ?

Expert:  Jo C. replied 1 year ago.
Only if there is no personalisation at all. A good example is Argos selling a kettle. That is just an item that you can send back to them and they can sell again so it is covered by DSR.
If there is any cost to them - e.g transfer - the DSR would not apply but the obligation to mitigate their loss and claim only the sum of their loss would.
Customer: replied 1 year ago.

You replied:

Only if there is no personalisation at all

It has not been made , so it was not personalised , I am just buying it as a second hand Item,it is like buying a second hand car. The company did not file the documents to DVLA yet, as I did not sent back their written instructions. All they did so far is took the money and possibly told the seller that there is a party interested in his number plate.

Expert:  Jo C. replied 1 year ago.
But aren't they likely to say there is a transfer cost?
It has to be registered with the DVLA
I realise that it has not been but that is a different point. Many contracts that are personalised do not involve immediate cost but they are exempt from the DSR because they do involve personalisation.
The fact that they have not transferred yet goes to the issue of the sum of their loss. If there is a transfer issue then they could argue and would probably succeed if they did that the DSR doesn't apply.
Jo C., Barrister
Category: Law
Satisfied Customers: 69259
Experience: Over 5 years in practice
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