Got a case going with the dealer I purchased prestige second hand car from. 3 months after battling to resolve amicable, im considering rejecting under SOGA or pay for repairs then claim cost ans damages through small claims court. The car developed faults from day one. Some were repaired under warranty. Other issues I had to fork out for myself as they were deemed to fall outside warranty. New problems surfaced, all of which were again deemed outside warranty so they refused to repair. Fortunately I took down a timeline of every event, phone call, names of ppl I spoke to, etc... So Following the advice on here, the OFT guide on second hand vehicles and other consumer advice websites, I wrote a detailed letter to the finance company threatening to reject. All that information put together in a 3 page long letter didn't portray the dealer in a pleasant light so I wasn't surprised when the finance company wrote back saying the dealer would not accept rejection but willing to refund any costs for repair falling outside warranty. I wrote back accepting the proposal as long as they cover for all repairs (not just what they deemed to be liable for) and also expenses for fuel/toll charges (there were multiple trips to their own nominated garage that added mileage). They have since gone quiet (it's been 2 weeks). I suspect the dealer bit off more than they wanted with that proposal and now are having second thoughts after seeing the estimated bill i sent through with my response. I have now tried to resolve direct with the dealer and through the finance company. I have offered to accept their proposal, yet still I have nothing. The faults are still there 3 months on which I am sure falls outside of "reasonable time to remediate" (or some similar wording) that OFT's guidelines mention. My preference is to reject and be done with this cursed mobile. However I also do not want a car sitting on my drive for months and years, as some on here have indicated can be the case. The alternative is to pay for the repairs and claim it all back through small claims. I suspect they will defend on the basis of either not covered by warranty or that the issues were due to "wear and tear" therefore not existing at the time of purchase. I would of course argue they were either present or in developing stage at the time of purchase. What is my chances in court? The issues (all 3 manifested around 1 week into ownership, ~ 1500 miles in). 1. Squealing noise from off-side wheels - caused by severely worn rear brake disc and pads attributing to hand brake issues. Discs and pads replaced. 2. Knocking sound from the front axle - caused by damaged front lower arm 3. Grinding noise from the front wheels - caused severe rust on discs. suggested front disc and pads replacement These above was the findings of the garage the dealer designated for diagnosis when I reported the issues. I don't think one could argue driving 1500 miles would "cause" the issues to the discs/pads. That could aggravate and bring it over the edge but not be the "cause". Issue #1 for example, the pads were the thickness of a 2p coin when the garage inspected them (sensors didnt go off as the pads wore out unevenly and to make it worse, the car only has one set of pads connected to the sensors and even that was found to be disconnected). They were shocked that the car would even be on a forecourt for sale. the dealer responded with the usual "car passed an MOT last month therefore legal". I argue that the evidence shows the pads were end of life at the time of purchase and I should have been made aware something like, "mate the pads are almost worn out so you might consider replace", rather than "this car is in pristine condition". Same for issue #3, the rusting is well known to build up over time and requires attention to maintain in good shape. Despite advertising as "regularly maintained", the garage finds they were in an absolute state. This is a £25k car. how would you see this battle out in court if claiming costs for repair/damage?

sorry moved it over to correct forum

Hello all I bought a Mondeo TDCi 2006 plate on 11 October this year with 77k, was also sold to me with 12 mths MOT and a full service history last done 2Oct. Spent £4300 on vehicle (£300 of this was cash/px deposit) It is on a Hire Purchase agreement over 3 years. Had car 2 days when noticed the fuel range after filling car was really low - at this point I called the seller who advised to "read an online forum" - great help. Called the Finance company a few days later to lodge this initial complaint with them, as the car was very noisy, and I was unhappy with it. They advised I must give the dealer a chance to resolve. Called Dealer back, spoke to same guy as before, also advising him I was now experiencing black smoke from the exhaust, under acceleration, in every gear. This helpful chap then just told me to put some redex in. Emailed him my dis-satisfaction with the reply, got response from his manager at this stage, who advised me to go to his mechanic, who advised it was an EGR Valve, inlet and manifold that gets covered in soot (crap) and is almost an engine rebuild. Was basically of the opinion these cars are utter crap and I should get rid of it. At this stage I have turned this into a formal complaint - because of the following issues Black smoke, in every gear, under acceleration. Present since the 13/14th, and its not going away Noisy, Like a 30 year old tractor, and even noisier under acceleration. I have had older, much higher mileage diesels quieter than this. Despite numerous requests, the service history the car was sold with has not appeared - so it therefore doesn't exist. The car was, to my horror after I had bought it and was trying to find some fuel range figures for the car the night after, for sale from another garage for 2895. My exact car - because I took screenshots of it. Clearly there was an issue with the vehicle to be on sale so cheap. The dealer also misled me in saying he bought the car from a trade auction. I spoke to trading standards on Friday - who advised I can reject the letter and I basically did so using their template letter, stating the points above as the reasons. It appears the finance company are "rejecting" my rejection - as the reasons are not sufficient enough. I must apparently prove that its not of a satisfactory quality. My argument with the finance company is that in them stating this - they are basically saying that a 6 year old, average mileage, well serviced (or not as may be) diesel is normally of such a poor quality. Black smoke from an exhaust is normal. A tractor engine sound is normal. Possibly my biggest refusal is the lack of a service history - it is not as was advertised to me. I said I refuse to pay for such a vehicle. What I want to know now is - do I just stick to my guns, and issue court proceedings to recoup all monies spent so far since purchasing vehicle (£300 deposit, £93 road tax, £31.50 admin charges moving insurance around, £22.73 to keep mondeo insured until 5 November) I have purchased a second hand Audi for cash on Saturday and advised them I am no longer driving the vehicle - that they must refund me and collect it asap or I will stop insuring the car and take no responsibility for it. Given the mechanics assessment, and the utter lack of trust in the dealer providing anything close to a suitable quality replacement - the only real choice I have is to reject it. Does anyone have some further advice, letters I can send, should I initiate court proceedings to return me to the position I was in before the transaction? Thanks in advance

Hi guys, I have recently given an CCA request to Barclays in regards to my active Credit Card account but they have failed to provide me with it. I also followed it up with DSAR and again they have failed to provide me with the CCA. In their response they said that they have failed to my data. I wish to make PPI claim in regards to this Credit Card account. I took out this Credit Card around 1996. I am adamant that I have been missold. Without the CCA I will not be able to verify if I had ticked to box wanting PPI. What I want to know is that once they have said they can't locate my CCA how will they know if it has been missold or not? Also what content do I need to write on the PPI questionnaire designed by the FSA to successfully win redress? Thanks.

Put in a claim to Barclays for miss sell of PPI on a loan I took out in 2000, the loan was for £12k and the PPI was front loaded and was another £6033.00 my actual loan total was £18,033. I at the time had 12 months cover from work and was told by Masterloan that I had to take the PPI for the loan to be accepted, this was all done over the phone at the time. I sent in a claim to Barclays, hadnt heard and the 8 weeks was up so phoned them today and they say that my claim was rejected but they won't tell me what the letter they sent says and it hasnt arrived with me 2 weeks after they sent it. The loan went into a DMP in about 2004 but I had made 4 years full payments before it went into the DMP, I have paid it nearly all off within the DMP and there is about £900 left to pay. My question is how can they reject a £6k front loaded PPI claim ?, I have no idea what the grounds of rejection are as I havent got the letter and they wont tell me, what do I do now please ?

Hi, I requested a copy of my CCA to Barclays and I got a negative response. Not too sure what they meant. Can anyone help me with this. The letter is as follows: Dear XXX, REFERENCE: SECTION 78 OF THE CONSUMER CREDIT ACT 1974 We refer to your request for information under Section 78 of the Consumer Credit Act 1974 (the "Act") As no sum is, or will or may become payable under your credit agreement, Section 78(3)(a) of the Act provides that we are not obliged to provide you with the documents and information you seek. We can confirm that the cheque enclosed with your request has not been banked and has been destroyed. Please advise as to how I can attain this information. Thanks!!