Mis-sold Car
Author
Discussion

strippier

Original Poster:

92 posts

124 months

Monday 20th March 2023
quotequote all
Hi

Looking for recommendations for a solicitor to take legal action/advice.

Short story - bought car which was advertised as having a 400bhp, took to dyno and actually running 250bhp, so big shortfall.....

Dealer now not responding....

Thanks all.


r1monkey

210 posts

238 months

Monday 20th March 2023
quotequote all
citizens advice bureau . free.

Alex_225

7,610 posts

228 months

Monday 20th March 2023
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CAB would be the first port of call and as mentioned it was free.

I'm assuming it's a tuned/modified car? If you have the original advert stating it that will help. I'd probably consider writing the dealer a final e-mail/letter by recorded stating they have X amount of time to respond before taking further action. Give them a chance to realise you're serious where they may be hoping you just shut up.

blue_haddock

4,990 posts

94 months

Monday 20th March 2023
quotequote all
strippier said:
Hi

Looking for recommendations for a solicitor to take legal action/advice.

Short story - bought car which was advertised as having a 400bhp, took to dyno and actually running 250bhp, so big shortfall.....

Dealer now not responding....

Thanks all.
thats a huge difference, is it modified?

Also there can be a huge variance between rollling roads so if the one they used was generous and they quoted power at fly wheel and yours is less forgiving and they are quoting wheel horsepower it could well account for a fair chunk of the difference.


joropug

3,024 posts

216 months

Monday 20th March 2023
quotequote all
Probably need more info though is it a 250 car that was supposedly tuned or a 400bhp car that is not running right?

Surely could be felt on the test drive ?

KTMsm

28,982 posts

290 months

Monday 20th March 2023
quotequote all
I used to specialise selling modified cars and I always sold them with a dyno print out

So many Dealers make outlandish claims, I'm shocked that we don't see more threads on it

It would be helpful to have more details and you should check into the Dealer - no point spending money on a court case if they still won't / can't pay

It's also worth checking if it's something silly like a leaking wastegate although really that's the Dealer's problem

Muzzer79

12,867 posts

214 months

Monday 20th March 2023
quotequote all
strippier said:
Hi

Looking for recommendations for a solicitor to take legal action/advice.

Short story - bought car which was advertised as having a 400bhp, took to dyno and actually running 250bhp, so big shortfall.....

Dealer now not responding....

Thanks all.
Is it:

a) A car with 400bhp out of the factory that is faulty and running low on power
b) A modified car that has modifications to give it a claimed 400bhp, everything is running right but those modifications will only deliver 250bhp
c) A modified car that has modifications to give it a claimed 400bhp but those modifications are faulty so only deliver 250bhp

emperorburger

1,484 posts

93 months

Monday 20th March 2023
quotequote all
Most probably this

BMW M135i (Wagner Intercooler, Decat, Stage 2 remap - 400bhp)

the-norseman

15,548 posts

198 months

Monday 20th March 2023
quotequote all
What car?

blue_haddock

4,990 posts

94 months

Monday 20th March 2023
quotequote all
Muzzer79 said:
Is it:

a) A car with 400bhp out of the factory that is faulty and running low on power
b) A modified car that has modifications to give it a claimed 400bhp, everything is running right but those modifications will only deliver 250bhp
c) A modified car that has modifications to give it a claimed 400bhp but those modifications are faulty so only deliver 250bhp
I have a feeling its a case of various mods added with a possible gain so cat back exhaust 30bhp, remap 50bp, intercooler 50bhp but in reality they are only giving a fraction of the increase overall.

KTMsm

28,982 posts

290 months

Monday 20th March 2023
quotequote all
emperorburger said:
Most probably this

BMW M135i (Wagner Intercooler, Decat, Stage 2 remap - 400bhp)
Seems logical

Easy to check the IC and decat - so either someone has removed the remap or it's got a fault so not really mis-selling, just your car has a problem

coldel

10,790 posts

173 months

Monday 20th March 2023
quotequote all
Appreciate you have launched straight into a solicitor request OP but you can save yourself a lot of time and money by doing the CRA groundwork yourself if you havent already.

Are you in the first 30 days of the ownership?
When you say contacted the dealer, have you sent an email or used more reliable forms of communication?
What did the original advert say exactly?
Is the dealer local? Can you walk in there and have a chat? Have you tried calling them?
Is the car actually at fault? Did the dealer show a dyno? Are the maps off?

If they are ignoring you then you need to make sure you have let the dealer know using special delivery (not just recorded) where the recipient has to sign, that you have grounds for returning the car under the CRA where it states that a car must be as described.

Make sure you have all your ducks in a row, evidence, purchase receipts, dates of attempted communication, copies of everything. Give the dealer every opportunity to sort the problem out, you have to show willing on your part.

Failing that, you can then take them to a small claims court assuming it isnt a hugely expensive purchase, where you submit a claim under the CRA. Lots of people do this without the need for a solicitor. As others have said there are free services such as CA that can point you in the right direction.

strippier

Original Poster:

92 posts

124 months

Monday 20th March 2023
quotequote all
blue_haddock said:
Muzzer79 said:
Is it:

a) A car with 400bhp out of the factory that is faulty and running low on power
b) A modified car that has modifications to give it a claimed 400bhp, everything is running right but those modifications will only deliver 250bhp
c) A modified car that has modifications to give it a claimed 400bhp but those modifications are faulty so only deliver 250bhp
I have a feeling its a case of various mods added with a possible gain so cat back exhaust 30bhp, remap 50bp, intercooler 50bhp but in reality they are only giving a fraction of the increase overall.
Could be b or c, taking to a specialist to see if the map can be improved, so this will determine if hardware or software issue.

strippier

Original Poster:

92 posts

124 months

Monday 20th March 2023
quotequote all
emperorburger said:
Most probably this

BMW M135i (Wagner Intercooler, Decat, Stage 2 remap - 400bhp)
This car was sold a while back, this a new to me car.

strippier

Original Poster:

92 posts

124 months

Monday 20th March 2023
quotequote all
joropug said:
Probably need more info though is it a 250 car that was supposedly tuned or a 400bhp car that is not running right?

Surely could be felt on the test drive ?
Bought unseen with no test drive. Took dealer at face value.... (yes lesson learned!!)

strippier

Original Poster:

92 posts

124 months

Monday 20th March 2023
quotequote all
coldel said:
Appreciate you have launched straight into a solicitor request OP but you can save yourself a lot of time and money by doing the CRA groundwork yourself if you havent already.

Are you in the first 30 days of the ownership?
When you say contacted the dealer, have you sent an email or used more reliable forms of communication?
What did the original advert say exactly?
Is the dealer local? Can you walk in there and have a chat? Have you tried calling them?
Is the car actually at fault? Did the dealer show a dyno? Are the maps off?

If they are ignoring you then you need to make sure you have let the dealer know using special delivery (not just recorded) where the recipient has to sign, that you have grounds for returning the car under the CRA where it states that a car must be as described.

Make sure you have all your ducks in a row, evidence, purchase receipts, dates of attempted communication, copies of everything. Give the dealer every opportunity to sort the problem out, you have to show willing on your part.

Failing that, you can then take them to a small claims court assuming it isnt a hugely expensive purchase, where you submit a claim under the CRA. Lots of people do this without the need for a solicitor. As others have said there are free services such as CA that can point you in the right direction.
Just outside of 30 days due to car having upgrades fitted before I collected.
Rang dealer, who claims it was a private sale.
Dealer advert with logo etc. Advert clearly stated bhp, which is why i purchased.
Dealer not local, 5 hours one way trip.
Dealer has no evidence of bhp (didn't explain why he made the claim), no dyno etc.

Yes will send letter outlining position and next steps.

Think MCOL for cost fo remap (assuming works) and reduced value as car not worth £xxx when running lower power.





bigandclever

14,317 posts

265 months

Monday 20th March 2023
quotequote all
I've seen people conflate engine and wheel bhp as well .. shouldn't make as big a difference as 250 to 400 granted, but it's a consideration.

coldel

10,790 posts

173 months

Monday 20th March 2023
quotequote all
Keep the advert safe! As that will show Dealer sold as private is not valid.
In any case, although the CRA gives all the protection to Dealer bought cars, even if a private sale misleads its still falls under the CRA jurisdiction.

Muzzer79

12,867 posts

214 months

Monday 20th March 2023
quotequote all
strippier said:
Rang dealer, who claims it was a private sale.
Hmm, that's a red flag. An old trick to try and avoid CRA.

Are they reputable?

What car is it?

sunnyb13

1,202 posts

65 months

Monday 20th March 2023
quotequote all
It’s got a boost leak