HP agreement dispute

[andyv67]

I purchased an Audi A4 from an Audi dealer last year, the model as stated in the hp agreement is a 1.8T SE 160PS.
It has recently come to my attention that the vehicle supplied is actually a 1.8t SE 120PS. Doescthis make the agreement unenforceable and can I return the car and obtain a refund of my payments made to date.

Regards
Andy

[Count-A-Strong]

I would write a letter to whoever the finance company is (Audi?) enclosing a copy of the HP agreement (or at least quoting the agreement number) and the evidence you have supporting that it's not a 180PS. Copy this to Audi UK, the dealer you bought it from and, if you fancy, your local trading standards office asking the same question.
I believe you should be on pretty firm grounds.

[AlBags]

^ *160PS

So what did you actually ask for?
or what was the car 'described as' in the dealer paperwork and contract of sale?

[sigma]

What's the difference between them.

[factor-fiction]

What car did you order- a160 or a 120?
What was the agreed sales price agreed for a 160 or a 120?
Was the finance agreement based on the mutually agreed price?
Have you actually lost out on anything?

[ChuckFickens]

"What's the difference between them."

Approximately 40PS

[flip_flop]

If you ordered the 160 and the payments have been based on the 160 but what you actually have is a 120, then it strikes me that this is a clear breach of contract.

Whether the breach is sufficient enough to void the contract is a question for the courts, but as there has been a breach you are entitled to compensation.

[andyv67]

The car is described as an Audi a4 1.8T FSI SE, there is no mention of the PS value on the dealer paperwork.
I asked the salesman about the exact model and he referred to the hp agreement and the model stated was a 160PS

[factor-fiction]

I'm still not clear what you are saying.
Did you agree a price? Was that based on a 160 or on a 120. Or did you simply agree to buy an Audi a4 1.8T FSI SE without knowing/caring whether it was a 160 or a 120?
If you were happy with the price and model then the fact that a subsequent piece of paperwork contains a clerical error wouldn't make any difference would it.
On the other hand if you ordered a 160PS, paid for a 160PS and took finance out for a 160PS, but you only got a 120PS then you have a strong case for breach of contract.
Have you been back to clarify things?

[chas2008]

surely it was on the log book when you filled it in and sent it off ?