Car mis-sold by Audi dealership

400ixl

Equally the owner could put the VIN into the MyAudi app and would get the Audi held details (not the DVLA V5 details.

Most owners do this to use the MyAudi features in the car. It would be clear from that what the actual model was and whether it tied up with the V5.

lcc86

To play devil's advocate you've been paying the finance company for a 35 not a 40, so you're not out of pocket there. You must've known the price difference between a 35 and a 40, I know if a car I was looking at appeared underpriced I'd be asking questions.

What do your insurance think the vehicle is, a 35 or a 40? I assume when they run checks it shows as a 35 so you would've told your insurance at the time of purchase that it's actually a 40 and paid a difference in premium accordingly? If not, then you've been paying insurance for a 35 as well and aren't out of pocket there.

This isnt to excuse the salesman's actions but I can't see anywhere where you're financially worse off. Yes it's not the car you thought you ordered but would you now want to swap it and pay increased finance and insurance? Do you still have the email with confirmation of your initial order from when it was made? That will confirm exactly what was ordered. 

Personally I'd take the £1000, it's a mess but I don't know what you want Audi to do short of swapping your car with a similar price 40 for no additional cost to yourself which I don't think will happen as you've been paying for a 35 the whole time.

cw8825

lcc86 said:

To play devil's advocate you've been paying the finance company for a 35 not a 40, so you're not out of pocket there. You must've known the price difference between a 35 and a 40, I know if a car I was looking at appeared underpriced I'd be asking questions.

What do your insurance think the vehicle is, a 35 or a 40? I assume when they run checks it shows as a 35 so you would've told your insurance at the time of purchase that it's actually a 40 and paid a difference in premium accordingly? If not, then you've been paying insurance for a 35 as well and aren't out of pocket there.

This isnt to excuse the salesman's actions but I can't see anywhere where you're financially worse off. Yes it's not the car you thought you ordered but would you now want to swap it and pay increased finance and insurance? Do you still have the email with confirmation of your initial order from when it was made? That will confirm exactly what was ordered. 

Personally I'd take the £1000, it's a mess but I don't know what you want Audi to do short of swapping your car with a similar price 40 for no additional cost to yourself which I don't think will happen as you've been paying for a 35 the whole time.

All valid points. All have been made to the OP

its not the car they thought they ordered but it is the car they actually ordered. 

Grumpy_chap

Forgive me if I have missed the obvious.

As I read the thread, I initially understood that the OP purchased a brand new factory order car, expecting the 40, but it actually turned out to be a 35.

This was put down to an error with the DVLA paperwork.

Then it transpired all the paperwork, the quote, the order form, the DVLA paperwork, the price, all reflected the 35 model.

There were, apparently, some e-mails prior to the order that mentioned the 40 model, but these will all have been superseded by the official quote and order form so no longer relevant.

Then the OP had a photo of the car with the 40 badge on.  The OP has mentioned this photo several times.
Other than the photo, does the OP have any other indicator that the car was a 40?
What does the actual badge on the actual car indicate?

Desmond_Hume

Grumpy_chap said:

Forgive me if I have missed the obvious.

As I read the thread, I initially understood that the OP purchased a brand new factory order car, expecting the 40, but it actually turned out to be a 35.

This was put down to an error with the DVLA paperwork.

Then it transpired all the paperwork, the quote, the order form, the DVLA paperwork, the price, all reflected the 35 model.

There were, apparently, some e-mails prior to the order that mentioned the 40 model, but these will all have been superseded by the official quote and order form so no longer relevant.

Then the OP had a photo of the car with the 40 badge on.  The OP has mentioned this photo several times.
Other than the photo, does the OP have any other indicator that the car was a 40?
What does the actual badge on the actual car indicate?

Power output. 35 is 150PS, 40 is 204PS. 

prowla

As I understand it...

The OP was sold a 40 model at a good price.

They didn't get that model.

They didn't get what they agreed to buy.

Instead they got a lesser 35 model at the normal price, possibly with a misleading "40" badge on it.

They've paid the same money but been given an inferior product.

They've been sold a fake.

That has to be mis-selling by any measure.

cw8825

prowla said:

As I understand it...

The OP was sold a 40 model at a good price.

They didn't get that model.

They didn't get what they agreed to buy.

Instead they got a lesser 35 model at the normal price, possibly with a misleading "40" badge on it.

They've paid the same money but been given an inferior product.

They've been sold a fake.

That has to be mis-selling by any measure.

That was the initial post

however Since OP has confirmed the order paper stated 35. Finance stated 35. Insured as a 35. 

Paid the price of a 35

the only mention of the 40 were in a discussion with 1 salesman who has posed with the misleading 40 badge.

Grumpy_chap

cw8825 said:

the only mention of the 40 were in a discussion with 1 salesman who has posed with the misleading 40 badge.

And that is odd that the OP only seems to refer to having a photo of the badge:

DT03 said:

took a picture of the car with the badge showing 40 which he claimed he hadn’t wanted to do before the grand reveal the following day when we were picking it up.

DT03 said:

we still have the picture of the car with the 40 badge that was sent before pick up. 

DT03 said:

I have a picture of the car with the registration that we ordered and badged as a 40. 

What actual badge was on the car when it was picked up?
What actual badge is on the car now?


This has evolved as more information came to light:
 - It all began with "ordered a 40, but DVLA paperwork said 35, which was a DVLA error, the car is a 40, here is a photo of the badge"
 - Then "all the paperwork says 35 (quote, order form, invoice, DVLA), but the car is actually a 40 because here is a photo  of the badge"
So, was there only ever a photo of the mysterious 40 badge?  Where is the 40 badge now?

cw8825

Grumpy_chap said:

What actual badge was on the car when it was picked up?
What actual badge is on the car now?


This has evolved as more information came to light:
 - It all began with "ordered a 40, but DVLA paperwork said 35, which was a DVLA error, the car is a 40, here is a photo of the badge"
 - Then "all the paperwork says 35 (quote, order form, invoice, DVLA), but the car is actually a 40 because here is a photo  of the badge"
So, was there only ever a photo of the mysterious 40 badge?  Where is the 40 badge now?

What actual badge was on the car when it was picked up?
What actual badge is on the car now?

OP hasn’t confirmed this. It’s only referenced to the in the 1 picture

Hoenir

The insurance aspect is something I overlooked earlier. A whole new dimension that would have created issues if the vehicle was misdeclared.