Mis-sold car

adsnalfs

Please can anyone help with some advice?!

I was, unknowingly at the time, mis-sold a car back in March 2012 where i was catagorically told the car i bought was a particulr BHP engine (newer version), however i've renently found out its actually the older engine which has less BHP, so consequently holds less value on the resale so i'm therefore out of pocket! What rights do i have?! thanks!

maninthestreet

Private or Trade sale? Do you have anything in writing?

Dukesy

1. Trade or private?
2. Have you any written proof that the seller said it was a different BHP?

adsnalfs

Thanks for your replies. I bought it from a trader but i'm not too sure if it gives the BHP on the invoice? Assuming it doesn't, do i have any rights?

ILW

adsnalfs wrote: »

Thanks for your replies. I bought it from a trader but i'm not too sure if it gives the BHP on the invoice? Assuming it doesn't, do i have any rights?

Not if you cannot prove you were misled.

Dukesy

adsnalfs wrote: »

Thanks for your replies. I bought it from a trader but i'm not too sure if it gives the BHP on the invoice? Assuming it doesn't, do i have any rights?

To be honest, you might well struggle if you have no proof of what the trader said. Check through everything you have.

maninthestreet

With nothing in writing, unless you have any witnesses to this statement made by the seller in relation to the BHP, you may have trouble pursuing the claim.

Splott

There are some cars where if the badge with the BHP rating off the engine cover is missing it is almost impossible to tell which engine is in the vehicle so it may be a genuine mistake by the trader rather than an outright lie.

Can you tell us what car it is and how you found out?

As has been said, unless the advertisement or anywhere in writing mentioned the BHP then unless you asked and he gave you a different answer, which is almost impossible to prove, then it actually is as described.

You're not out of pocket as you've not sold it yet.

However I would put this to you. Other than the now known issue are you happy with it? Does it run fine? If so I would be inclined to carry on using it and enjoying it and not worry. Pursuing this by legal routes will most likely cost you as much if not more than the difference in the sale price with no guaranteed outcome.

And in regards to older vs newer engines, there are some cars where it is actually preferable to buy one with the older type of engine as the newer one has ended up having issues.

adsnalfs

I know what i was told, however i suppose its my word against theirs! I'm hoping there is something on the invoice! Thanks.

forgotmyname

Being so long ago there is little you can do now. But a lesson for next time check the log book and see what power it has before buying.

Paperbird

You've been driving it around for 10 months and not noticed the lack of power so why are you bothered.
If you thought it was a 3.0 litre 300bhp engine and it's a 1.5 with 80bhp there might be a loss when you come to sell it but if it's a 2.0 litre engine that comes with either 150bhp or 120bhp then the overall condition of the car will have more effect on the price you get than the engine.