Actually it made sense just to cut and paste it here...
Despite my leaving a step by step guide on MSE consumers are continually getting ripped off by Driving license UK Ltd (AKA Caveat Viator Ltd) at a phenomenal rate as posts on here continue to prove. Clearly some are not finding my advice and I am receiving a large number of emails asking for personal guidance, as I can not personally attend to every individual I thought I would start a thread with definitive guidance.
Caveat Viator dupe the public into paying exorbitant fee's for a license checking service. Their website is deliberately designed to look like the DVLA website so that less than vigilant consumers think they are paying for and ordering a license directly from the DVLA. Once you realise your mistake and claim a refund Caveat Viator Ltd refuse to refund on the basis that they are exempt from the 7 day cooling off period that normally applies under the distance selling regulations. There is a loophole in the distance selling regulations regarding completion of contractual performance. If you instruct a company to act on your behalf and it is reasonable to assume that the terms of the contract would be fulfilled before the normal 7 day cooling off period expires then clearly that Cooling off period cannot be applied.
The question then is whether there can be a valid contract between you the customer and Driving License UK ltd and the answer is that there is no valid contract and therefore they are not exempt from the 7 day cooling off period. That being said I am confident that you are entitled to a full refund irrespective of whether you claim it within the 7 day cooling off period or not and here is why...
Driving License UK Ltd do not actually provide a service and under contract law since there is no consideration to you the customer then there can be no valid contract.
Caveat Viator recently removed advertising from their website that duped customers into thinking this was the official DVLA website. The details are logged for September 2013 on the advertising standards authorities website and the ASA have confirmed to me by email the details of the case. Another fact that supports the view that prior to amending their website the ASA held the view that their website material did not comply with legal guidelines.
So how do you reclaim your money?
- First write to caveat Viator Ltd requesting a full refund within 7 days and warn them that if a refund is not forthcoming within that timeframe that you will lodge a county court claim for which they will also be liable for court costs. Courts expect you to behave reasonably and to try and settle this outside of the court room, this letter is your evidence that you have done so. Make sure you send this letter via recorded delivery so they can not claim to have not received it.
If you receive a refund fine, if not...
- Lodge a small claim online at www.moneyclaim.gov.uk/web/mcol/welcome
The online form takes no longer than 10 minutes to fill in and costs £25. Sit back and wait for a response, Caveat Viator Ltd will either contest it or provide a full refund. To date I have not heard of them fighting a single claim in county court.
Should Caveat Viator Ltd decide to contest your claim in County Court then the basis for your case is below. Once they lose in court then their whole business model collapses and I do not believe this is a risk they will take.
- The Recent ASA case confirms that website material was duping customers.
- The OFT produced a 2006 guide for business relating to rules of distance selling. They are very clear in this guide that administrative work of the type provided by caveat viator ltd cannot equate to the provision of a service.
- Contract Law... There has to be a benefit or consideration to the customer to form a valid legal contract. The OFT guidelines confirm that there is no benefit and in fact the DVLA provide precisely the same checking service as part of their fee's so in fact it can easily be claimed that caveat viators service is actually a detriment rather than a benefit since all it achieves is delaying your application.
All the information needed to pursue a county court claim is here.
Good Luck but to be frank if you follow this guidance to the letter you will not need it.