That exactly what Lisa did. It was only when she was refused that Lisa mentioned the FOI act. She was then told that she had to put it in writing by clicking on the link that they provided, to which they initially responded to by saying that it would be some time in December before we would receive it, only to then change to say that we couldn't have it under the Data Protection act.

Sent it yesterday and this is their response..... From: Information Rights Officer [mailto:[email protected]] Sent: 28 November 2017 10:15 To: Subject: Subject Access Request - Dear I am writing to confirm receipt of your request for information and your payment with respect to it. We will send you your information no later than 6 January 2017 and where possible will do so before this date. We generally send information by recorded postal delivery. The address we hold for you begins ** M****** Street – can you please confirm that this is still correct? Yours sincerely Elizabeth Taylor | stakeholder team | Financial Ombudsman Service | [email protected] Possibly a bit of a wait then.

Thank you DX. Does this request only need to be sent to one party or both?

The letter goes to the FOS or Toyota, or both?

Apologies, but this is me trying to pass the advice that you kindly offer on here to Lisa and it obviously has been misinterprited at some point.

All your other abbreviations that are in bold and underscored raise an explanantion when hovered over, but the SAR one doesn't. Please can you explain what the SAR is? Thank you. Thanks. What followed was the attached PDF that said they couldn't provide the information due to the Data Protection Act.

We did. That's the person we asked and she said that it needs to be put in writing to the link that she sent us. The response that was included in the link actually stated that it would be a quicker process if we were to ask the adjudicator but she refuses to give us this information. This is the person who after speaking with on a couple of occassions had little faith in. I have to say that the whole thing seems suspicious

Who do you mean by the "adjudicator"?

Sorry for vanishing but something else other than this issue with the car has happened, which has taken up our time for the past couple of days. We received an response from the FOS today with regards to our request for the correspondence between them and Toyota. They are refusing to give us the correspondence due to the data Protection Act. I have attached the PDF. Now I am really confused as to what to do. The solicitor we contacted has also got back to us, but the call was missed and they left a voicemail advising that they will be back in office as fo Monday. I know we have missed various opportunities as you previously mentioned but we really need to try and resolve this as soon as possible as it is taking a huge toll on my wife (Lisa), especially on top of recent events. Any help you can offer will be greatly appreciated. Thanks, Lee. FOI 2885 - Lisa Parkinson - final.pdf

All we want is to hand the keys over and to walk away without having to pay any more money on this car. In effect we are only asking for the £2.5K that is remaining to take us up to the 50% mark to be quashed. What we probably shouldn't have done was go and buy a new car from another dealer, which I now see to have been quite a presumsious decision on our behalf, at the time we were fully supported by Citizen's Advice that this was more or less an open and shut case and that once Toyota agree to take the car back, it would be quite a swift process. We bought the new car on a 2 months leadtime which came and went in September. Since then we have been paying for both cars. I too wish we had contacted you long before now but seriously underestimated just how wrong this could all go.

It was this advisor that actually said that we should have rejected the car back in June when the EGR Vlave failed for a 2nd time. That way she would have upheld our claim to reject it based on a repeat repair, but as the car was "now fixed" she rejected our claim. I told her that is exactly what we did and it was only due to the fact that she had taken the full 8 weeks to come to a decsion that the car has been fixed in the mean time. Much of our attempts to contact her were met with unanswered phone calls and emails that we had to keep chasing due to her being absent a lot through sickness.

To be honest i have been far from impressed by the advisor that we were given. She seems very young and naive. I think it was just under £20K when we bought it in Oct of 2015. There is a final payment at the end of the PCP agreement which is actually working against us at the moment as it menas that despite being 24 months into a 42 month contract, we still haven't reached the 50% mark for Voluntary Termination. If I remember correctly there is approx £12.5K remaining on the agreement and the car would be worth £10K at best. We actually had it valued by Toyota back in June just before we decided to reject it because at the time we were actually looking to trade it in with them because of all the problems we were having with it. I couldn't believe when the sales advisor started giving it the old "well, theyve droped in price a lot just recently due to all this diesel scandal". He said that they would offer a big discount against another brand new one but the payment figure he came back with was £378/mth. Across the road was a brand new BMW that was £379 deposit and £379/mth. It just didn't make sense to pay that sort of money for a Toyota, especially in white. It wasn't even a nice colour.

This was FOS' email this afternoon; From: Information Rights Officer [mailto:[email protected]] Sent: 20 November 2017 16:34 To: Subject: RE: 1 - FOI Request Dear Thank you for your email requesting information under the Freedom of Information Act 2000. We’ll respond as soon as we’re able to and by 17 December 2017. Yours sincerely Elizabeth Taylor | stakeholder team | Financial Ombudsman Service | [email protected] To be honest, I was surprised when TS advised that I should not have collected the car after it was repaired. I actually asked, "what was I supposed to do, just leave it there when I am paying over £300/mth for a car that I can't use?" Her response was "sometimes that is what you have to do". She genuinely seemed really baffled at the fact that I had picked the car back up. With regards to the solicitor; I didn't quite make myself clear as it was the Toyota representative that doubted that Toyota would want this to escalate to the courts. We may have the mileage of the car when we dropped it off, I'm not surer and my wife is currently out. I will ask. As for the "test driving" that Toyota carried out; we advised them that the car was breaking down on a weekly basis, which for me is around 250 miles. They told us that they had carried out "extensive" road testing on it and wanted us to go and collect it as they wanted their courtesy car back. When we collected our car it had covered just 50 miles. This was on a Saturday morning. By Monday morning it had broken down again and had only covered a further 13 miles, so had they done a more thorough road test it may well have happened whilst in their possession. Also, with regards to the CC not working correctly, they actually said that even if it did do it that it was a "characteristic" of the car, so even if I do manage to film it, surely they will just dismiss it?

Been in touch with FOS today and the representative dealing with our case simply gave us a link to which we should send our FOI request. We received a response stating that they would have the information to us by Dec 17th, which seems a long time. Also within their response they advised that it woud be best to obtain the information we require from the person who was dealing with our case as it would be a quicker process, so we are going to re-address this tomorrow and ask why why it can't come straight from her. Just one other piece of information; My wife spoke with a representative from Toyota today as we had initially asked for a valuation on the vehicle, and once we mentioned that we had seen a solicitor about this he said he would be very surprised if Toyota didn't just write off the remaining debt (circa £2.5k) as they do not like getting the courts involved. With regards to the video; the dealer still has the car which we would obviously have to retrieve, but the last time I spoke with Trading Standards they advised that simply by collecting the car I am "accepting" it back which is extremely damaging towards my case. Obviously I am concerned that this may well be the case and just wanted to ask you were 100% sure that this is the route I should take?

Simply bring the car up to 40mph using the accelerator, press the CC button, lift my foot off and flick the lever down tho engage the CC. It would then happily run at 40mph for anything from a few seconds to a couple of minutes, at which point I would feel the car start to slow, as if you've lifted your foot off the accelerator, and noticed that the CC light had gone out. The CC would not turn back on unless the engine was restarted. This went from happening 1-2 times per week to eventually happening 1-2 times per journey to and from work.