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My Toyota RAV4 has been issued with a Certificate of Destruction in error - how do I argue this?

I sold my 1996 Toyota RAV4 privately. I've owned it since 2007. The buyer contacted me and said he'd done an HPI check and it came up with a CoD against my car, issued in September 2009. The DVLA agrees that there is a CoD against my car. But I have the V5, it was taxed in May 2010 and has also had an MOT and been insured in 2010. The DVLA are investigating but can't give me a timescale on how long this will take.

Last August I bought a new Toyota Aygo and had my old Porsche 944 scrapped under the scheme. I received a CoD for it, and it was done in September 2009. The DVLA say I cannot drive the RAV4 or sell it (in theory it shouldn't even be parked on the public road), because of the CoD, so I am left with a car I cannot use or sell (despite having a buyer). I risk losing my buyer (and a decent price) because of this error. If the RAV4 turns out to be a ringer, what can I do? If it was an error on the part of the ATF (or DVLA) what can I do then?

Asked on 18 August 2010 by Helenium

Answered by Honest John
Because of the circumstances of the 944 this reads like an error by the DVLA, and if it is you can sue the DVLA using the small claims track of the county court for all this damaging libel on your vehicle has cost you. Perhaps you should start proceedings using www.moneyclaim.gov.uk and that will then force DVLA either to capitulate or, in its defence, to establish whether or not a CoD was raised prior to your ownership.
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