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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70404
Experience:  Over 5 years in practice
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In September 2015 i purchased a brand new Vespa Scooter for

Resolved Question:

In September 2015 i purchased a brand new Vespa Scooter for approximately £4000 using dealer recommended lease finance.
In March 2016, my Scooter was stolen and later recovered by the Police to their impound. I attempted to recover the Scooter but was told to await a Police call.
The police told me VIN number did not match the V5C vehicle registration document and so they would not release the scooter.
I asked my dealer to confirm the VIN on my V5C, they told me they had made a mistake as the VIN number on my lease, contract and V5C match a scooter of the same brand and model in their possession. and would need to correct the documentation. However the Police were unable to confirm the VIN on the bike with the dealer as it is an active crime scene.
The police have said they will now charge storage fees.
Can I get out of the original lease contract?
Is the dealer liable for any costs?
Can i claim losses?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Sorry, I'm not sure what the dealer is saying?Are they saying they sold you a stolen vehicle?
Customer: replied 1 year ago.
The dealer is saying that they have misregistered the Scooter. The VIN number on the paperwork i signed (lease, vehicle contract and V5C) matches a scooter in their basement of same make & model.The police are saying the VIN on the paperwork does not match the scooter that was recovered with my registration plate. However the police cannot confirm/deny the VIN number of the scooter they have impounded.
Customer: replied 1 year ago.
The dealer is not confirming they have sold me a stolen vehicle, just that they made a clerical error during registration
Expert:  Jo C. replied 1 year ago.
Is the lease contact with a separate finance firm?
Customer: replied 1 year ago.
Yes, it is with a seperate finance firm
Expert:  Jo C. replied 1 year ago.
You would still be liable for the finance payments as that is a separate company. However, you would have a claim essentially in negligence against the dealer over this.
Expert:  Jo C. replied 1 year ago.
You have a contract with the dealer and one of the implied terms will be that they will perform their duties with reasonable care and skill.Clearly they have not. It is an understandable mistake but it is a mistake nonetheless and you have suffered loss.
Expert:  Jo C. replied 1 year ago.
Can I clarify anything for you? Jo
Customer: replied 1 year ago.
Given the amount (£4000) is it worth making a negligence claim?
Expert:  Jo C. replied 1 year ago.
Not for the full amount. I'm not sure when it was impounded but clearly you had some use from it. But there is a large sum that could be claimed.I would send them a letter before action first though . They might well make an offer as they know this will be down to them. It is a small claims court sum though so it would be cheap to issue.
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Customer: replied 1 year ago.
Hi Jo,
Great stuff, i'll write a letter to them asap.
Thanks for your help.Best,
Hiren
Expert:  Jo C. replied 1 year ago.
No problem.All the best.