Questions and Answers: Reclaiming Car Finance

What evidence does the FOS typically require when reviewing a mis-sold car finance claim?

The Financial Ombudsman Service (FOS) will consider a variety of evidence when assessing your mis-sold car finance claim. To strengthen your case, it's helpful to gather the following documents:

  • Loan Documents:
  • Your original car finance agreement
  • All statements and correspondence you've received from the lender
  • Proof of any payments you've made
  • Financial Information:
  • Bank statements or payslips from the time you took out the finance agreement (to demonstrate your financial situation)
  • Communication Records (if applicable):
  • Emails or written records of any communication you had with the lender or dealership about the car finance (e.g., complaints, requests for information)

Additionally, consider including:

  • Evidence of Affordability Issues:
  • If you struggled to afford the repayments, documentation like unexpected bills or changes in income could be relevant.
  • Evidence of Misrepresentation:
  • If the car's condition, mileage, or value was misrepresented, try to gather evidence like adverts, brochures, or inspection reports.
  • Evidence of Pressure Selling:
  • While it might be difficult to prove, witness statements or a detailed account of the pressure you experienced could be helpful.

Remember:

  • The burden of proof ultimately lies with the lender to demonstrate they acted fairly. However, providing strong evidence can significantly improve your claim's chances of success.

Further Resources:


Please note: This information is for general guidance only and does not constitute legal advice. It's advisable to seek professional guidance from a solicitor specialising in financial mis-selling claims if you're unsure how to proceed.
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