SOGA Used car finance company

[chris0wen]

Hi guys, just looking for some SOGA advice.

I've been swatting up on this for a while now as the issue has been dragged out massively now!

 

In April '13 I bought a 2.0T Audi A5 from a 'luxury car specialist'

it seemed pretty obvious, pretty quickly that she was going through oil pretty quick.

 

I looked it up and found that the 2.0T engines do use some oil, so I just faced facts and kept going.

 

The consumption got 1L per 600 miles!

 

I put the car into Audi to see if there was anything they could do.

They conducted an oil consumption test, which the car failed,

and threw an estimate of £5.5k at me for replacement pistons & conrods, but under goodwill discounted it to £1750.

 

I contacted Audi UK who told me the discount was as much as they could do,

and it was them who advised me to pursue the dealer I purchased it from.

 

I contacted the dealer (Via recorded delivery etc) and outlined my issues,

and sent a copy to the finance company.

 

The dealer put it to their warranty company who quickly dismissed it as the car hadn't mechanically failed.

 

The dealer contacted the finance company and told them the news.

The finance company contacted me and asked me to gather up as much evidence as I could proving the issues existed.

 

After doing alot of research,

I discovered all/nearly all of my SOGA rights.

 

A bit of too'ing and fro'ing went on between me and the finance company

and they have now come back with an official no,

as i their 'opinion' it is fair wear and tear as I've covered almost 9000 miles since I bought it

(7k when I officially begun investigation).

 

I came back at them with my SOGA fact,

like reverse burden of proof & presumed inherent fault as I'd brought the issues up 4 months after I'd bought the car.

 

I've now sent them a final notice before court action stating that the 2 remedies for the solution are

(1) Pay the £1750 for the repairs.

(2) Discount the original sale price of the car by circa £5.5k to reflect the true condition of the car when I bought it.

 

The issue has been going on for almost 2 months now,

hence me sending a final notice before court,

as they still are in denial that the issue exists.

 

They have offered me £250 as a gesture of goodwill to help with diagnostic costs...which I quickly declined.

 

What I'm wondering is,

am I within my rights to get the car repaired and then claim the costs back in SCC?

Or do I have to go to court before hand and see what the outcome is.

 

Also is it the finance company who are responsible?

 

My research tells me yes,

and they have taken the lead roll in the case.

 

But I want to make sure everything is perfectly in order before I issue court proceedings.

 

 

Thanks very much for anything you can point out in advance. I can see this forum becoming very useful