Mis sold mk5 Golf GT TDI

[FarmerFitzy]

Hi all! Been advised to post this In this section of the forum.

I am looking for some advise regarding a car I bought recently. I purchased what I believe was a VW GOLF GT TDI 170. When I got home from picking the car up I noticed in the service book it says 103kw and there is a stamp from Malta. I have checked the stamp in the boot and it confirms that the car is 103kw (140bhp). I have been in touch with the garage explaining my dilemma and they are adamant that the car is 170bhp. The garage have me
a HPI report which shows the car is a 170bhp.

So today I went into my local VW garage and asked for what history they had of the car. When they put my
reg into the computer it came up as a import.

So I am pretty fuming now as I have first been told
It's 170bhp when in actual fact it's 140bhp and secondly the car looks like
It was imported from Malta!

What action can I take with the garage to prove that I am correct ? I have already given them photos of the boot sticker and the v5.

Many thanks

Andy

[hornetrider]

Refund.

[FarmerFitzy]

What if I still want to keep the car ? Can I get the difference in price refunded !?

[GoneAnon]

If the 140/170 and place of previous registration are so important, surely the time to check was BEFORE you bought it?

You might try asking the garage nicely, but if they say tough, I'd guess it will be more time, effort and money to go legal than it is worth. For me, at any rate.

[SmithyAG]

In the same place as where you found 103kw will be an engine code. More than likely BKD which is indeed the 140bhp.

As above, get a refund. The goods were not as described.

[tenpenceshort]

If the car has been misrepresented, you're entitled to either return the car or have the price adjusted to suit.

[Roo]

FarmerFitzy said:

What if I still want to keep the car ?

Then move on, life's too short.

Alternatively, you need to prove the difference in value between the two models and how that compares to what you paid.

Was your car cheap compared to other 170's?
What's the exact wording of the advert?

There's a lot more info needed before you can get a complete answer.

[tenpenceshort]

One word of caution, OP. You need to act quickly, inform the dealer and stop using the car if you plan to do anything about it. If you continue to use the car and don't assert your rights now you may be found to have affirmed the contract and will lose your rights under the Misrepresentation Act.

[FarmerFitzy]

Can I not compare the prices using parkers? Or another source and ask for difference between models ?

[Roo]

Did you not check the V5 and hpi report before you bought the car?

Both will clearly state the car was previously registered overseas. That should have made alarm bells ring.

TBH, if the dealer was prepared to sell the car without disclosing the obvious facts I wouldn't hold out much hope of them being helpful.

[FarmerFitzy]

The HPI report states the car is 170 which us clearly wrong. There is no information on the V5 or HPI about it being imported but the service book and VW tell me otherwise

[tbc]

They have whether deliberately or not misrepresented a car

Refund immediately.

Otherwise report them to trading standards and tell them you'll see them in the small claims court

or Rogue Traders

[Bill]

Would HPI cover the price difference? AIUI they compensate you for other errors.

[anonymous-user]

tbc said:

They have whether deliberately or not misrepresented a car

Refund immediately.

Otherwise report them to trading standards and tell them you'll see them in the small claims court

or Rogue Traders

Really? an import car from Malta at maybe at least 5 years old will make no difference at all to retail value.

Also the garage may have evidence to show it checked the details of the car but the information checked was wrong.

Why not ask for a discount and move on, is it really the end of world?

[FarmerFitzy]

I have asked them for the discount and they are saying they are right and being dismissive of my evidence.

[Roo]

FarmerFitzy said:

The HPI report states the car is 170 which us clearly wrong. There is no information on the V5 or HPI about it being imported but the service book and VW tell me otherwise

So I'm guessing it was imported when new?

Dealer relies on information from hpi which states it's a 170.

Advertising the car on ebay and autotrader you put in the reg number and gives the info held at dvla, the same as hpi.

Edited by Roo on Tuesday 1st July 20:19

[rallycross]

There were a lot of new uk cars coming in from Malta nothing wrong with that but if you paid for a 170 and have got a 150 go get your refund - it does not make any difference if they did not realise it was a 140 - they are the expert it's their onus to make sure it is what they said it was otherwise it's misrepresentation - get a refund ASAP.

[Deerfoot]

FarmerFitzy said:

I have asked them for the discount and they are saying they are right and being dismissive of my evidence.

The evidence is the information on the wheel well sticker, the fact they wrote 170 bhp on the sales invoice when the car is indeed 140 bhp is enough in my opinion for you to have a case.

A letter from VW confirming the cars power output from the vin would be my next move. It might be a genuine mistake on their part. They wouldn't be the only clueless dealer out there...

[anonymous-user]

Deerfoot said:

The evidence is the information on the wheel well sticker, the fact they wrote 170 bhp on the sales invoice when the car is indeed 140 bhp is enough in my opinion for you to have a case.

A letter from VW confirming the cars power output from the vin would be my next move. It might be a genuine mistake on their part. They wouldn't be the only clueless dealer out there...

Can i ask are you a lawyer?

The reason is I ask you advise a case for what? I can only see damages for difference in price between 170 and 140 model, the car works etc?

[FarmerFitzy]

I have done a VIN check and it says the basic information

But under boxes like car power it's says "no data"