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Correct PS/BHP


mag01473
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I purchased a 17 plate Fiesta ST-Line a couple of weeks ago from an independent dealers. It was advertised as the 123bhp version. After picking the car up and driving it for a couple of weeks I thought it felt underpowered compared to the specs for the 123bhp. Now I've checked the Vin Sticker on the door frame and it reads 1.0 ECOBOOST (100PS). Receipt from the dealer definitely states 123bhp.

Assume the Vin Sticker confirms I have the 100ps (98) engine? If so is there any point in pursuing this further with the dealers? Do I need to ask my insurance if they have the correct BHP on the policy as the 123bhp is group 18 and the 98bhp is group 13.

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I would pay to have it put on the dyno about £50 at most, then go back to your dealer and show them the graph, if it is the 100ps version have them sort your car out and pay for your dyno 

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If you have been sold a 100 BHP  rather than a 125 then you can return under the sale of goods act 2016 for being sold ,not as described correctly in the advert.

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Are we talking about the latest shape (Mk8) Fiesta? If it is then another check is to look at the rear brakes. 100PS has drums, 125PS has discs.

I agree with williamweb. If it's definitely a 100PS then you have been seriously short-changed and if the dealer won't instantly put matters right to your satisfaction then it's a case for your local Trading Standards people.

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Pm me your reg number and I can check for definate what you have.

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Iam interested in what the result is.

Jamie

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yes you have some recourse against dealer but you need to think about what you want to achieve.  are you saying you would not have bought it any price if you had known it was lower bhp and you want a refund so you can buy a higher power one elsewhere or are you looking for a partial refund due to the car not being worth so much (and be armed with evidence). 

when approaching the dealer you need to be clear and forceful on what you want, not vague and indecisive. 

get iantt to check what it is on ford computer system.

If you pay to get it bhp tested and then want a full refund for the car I think you might struggle to get the full price of car back plus the test fee.  I think they would dig their heals in more if you want them to give you more than you paid them.

 

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Total Car Check and My Car Check come back as 125ps with the reg no. I have run the VIN No through ETIS and that has come back with 100ps.

To be honest I'm not sure what I want to achieve. The car is actually being driven mostly by my wife and she has also said that she is surprised at the power compared to her previous car. As we thought it was the 125ps it should have had a similar performance. We bought the car assuming it was a 125ps and we chose it because it was a very good price for the year and mileage. Suppose this could have been a genuine mistake by the garage but now I'm thinking what kind of price difference would you expect to see between the two versions? As this is now a 100ps rather then a 125ps have we paid a fair price or have we in fact paid over the odds?

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Actually when I said she was surprised I meant she was expecting it to be MORE powerful than it was. It didn't compare favourably to her last car in terms of acceleration. However it's not something she is overly concerned about as she only mentioned it during the first couple of drives. It's been nagging me more when I have been driving it as I was comparing it to the 125ps specs and was certain that something didn't feel right.

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If you are not happy take it back rather than regretting in three months time.The sooner you bring it to the garages attention the easier it should be to resolve the issue.

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Take it back.  Its already significantly not as described - what will you find out about it next?

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"Total Car Check and My Car Check come back as 125ps with the reg no."    does anyone know where they get their data from?

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"Send the bugger back, send the bugger back oh send the bugger back" shout out to phoenix nights fans.

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"Total Car Check and My Car Check come back as 125ps with the reg no."    does anyone know where they get their data from?
Same place as the dealer no doubt..........

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I'd be sending it back and asking for a full refund. Then go and get what you originally set out to get. You don't want to risk being disappointed with it further down the line.

Even looking at it dispassionately, the 123/125 is noticeably more expensive and it has a better residual value.

The Consumer Rights Act 2015 (incorrectly referred to as the "sale of goods act 2016" above) is well on your side. Like if you were on a football pitch and the halfway line was borderline, you're behind the goal kind of on your side. The car was certainly not as described and given that you specifically sought the higher powered version, I think there's also a possible not fit for its intended purpose argument too. This argument is a bit more dicey though.

Don't be afraid to stand your ground and remember that Fiestas are everywhere. You could have another on the driveway in days.

If it comes to it, feel free to butcher the letters I wrote. See my signature for details.

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I'd be sending it back and asking for a full refund. Then go and get what you originally set out to get. You don't want to risk being disappointed with it further down the line.
Even looking at it dispassionately, the 123/125 is noticeably more expensive and it has a better residual value.
The Consumer Rights Act 2015 (incorrectly referred to as the "sale of goods act 2016" above) is well on your side. Like if you were on a football pitch and the halfway line was borderline, you're behind the goal kind of on your side. The car was certainly not as described and given that you specifically sought the higher powered version, I think there's also a possible not fit for its intended purpose argument too. This argument is a bit more dicey though.
Don't be afraid to stand your ground and remember that Fiestas are everywhere. You could have another on the driveway in days.
If it comes to it, feel free to butcher the letters I wrote. See my signature for details.


I was going to say something about the reference to the ‘sales of goods act 2016’ but you know better than most that it is the consumer rights act now.

If your wife is OK with the car and she’s happy to keep it then you could maybe try to get a service plan from the garage, for free of course. A few years free servicing seems a fair compensation


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To be honest the Mrs loves the car and the lower power she is now experiencing isn't really bothering her. When I told her last night what I'd found out her only concern was whether or not we had overpaid for the car we bought. A quick look on Autotrader brings up a large enough selection of ST-Lines on 17 plates. Funnily enough over 90% seem to be listed as the 123bhp and I think I only spotted one 100bhp before I got bored. The one thing I can say is that I didn't find any at a lower price than we paid based on mileage and spec. It would be interesting to find out if all the 123bhp listed are genuinely 123bhp. Is the bhp something that Autotrader completes automatically when you enter your registration number to create and advert? Could explain the oversight by the dealer..................?? 

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Yeah sale of goods act October 2015 rather than what I originally posted,time really does fly.😯

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I would trust ETIS and go with the 100ps that it has said. To find out if you have paid a fair price why not just pop the Reg into one of those WBAC type sites? Then if you are happy enough with what you see you should carry on enjoying the car. I would be inclined to let the dealer know their error and just see if they offer you a little sweetener without you having to ask. Tell them you are concerned that the car isn’t what was advertised and you are worried you may have paid a bit too much and then leave it there, let them fill the following silence.


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Seems a dodgy dealer to me. Very careless at best, a crook at worst. Don't settle for 100PS if you really wanted 125PS or you'll regret it for ever. Personally I'd send the car back and demand a full refund ASAP.

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I'm not convinced it's a "Dodgy Dealer" 70 Google reviews and a rating of 4.5 is reason to believe they are OK. Plus would they really bother advertising a 100ps as a 125ps so they could up the price? Fact is the cheapest 100 ps ST-line I can find on Auto trader today with Navigation and similar mileage is way more than we paid anyway. So to be honest I don't see the point in having a conversation with the dealer  because I don't really think we can say we have been overcharged. Yes it was wrongly advertised and therefore mis-sold but the dealer could legitimately say it was a genuine mistake and the price was still a good price even for the 100ps version. Interestingly I have just run the plate of the 100ps on AutoTrader through "My Car Check" app and "Total Car Check" app and they both come back with the correct bhp of 99.

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On 1/26/2018 at 10:22 PM, mag01473 said:

I'm not convinced it's a "Dodgy Dealer" 70 Google reviews and a rating of 4.5 is reason to believe they are OK. Plus would they really bother advertising a 100ps as a 125ps so they could up the price? Fact is the cheapest 100 ps ST-line I can find on Auto trader today with Navigation and similar mileage is way more than we paid anyway. So to be honest I don't see the point in having a conversation with the dealer  because I don't really think we can say we have been overcharged. Yes it was wrongly advertised and therefore mis-sold but the dealer could legitimately say it was a genuine mistake and the price was still a good price even for the 100ps version. Interestingly I have just run the plate of the 100ps on AutoTrader through "My Car Check" app and "Total Car Check" app and they both come back with the correct bhp of 99.

Since you are getting figures saying that the price you paid is good for a 100PS version, I wouldn't bother kicking up a fuss with the dealer. I would do exactly what Jon said.

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"I wouldn't bother kicking up a fuss with the dealer."

I would.

they either knowingly mis-sold , or at the least very sloppily failed to confirm the vehicle spec.

either way you were not sold the car that :- 

a. was advertised

and

b. had the engine power you thought you were getting.

bring it to the attention of the sales manager with your proof ( etis data base or rolling road power graph ) and see how they want to resolve this "discrepancy" 

dont ask for anything , dont give any indication of whether you want to return or keep the car , let them sweat while they consider their position , which has legal ramifications under trade description & consumer protection laws.

play it poker faced and they may offer more than you might have expected..........  ;-)

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