False car advertisement

[Jusus_Envy]

So I've just recently bought a car from a used-dealership which advertised that it makes 420bhp but I have just been to a profressional tuner who says it doesn't. It should be faster than my old but it isn't and I made it clear to the used car dealership that if it isn't making 420bhp then they will pay to have an ECU map to increase the power. In order to produce that power safely and reliably, it also needs a performance intercooler to cool the car down, as per the request of the tuner. Now the used car dealership is only willing to contribute to some of the payment where I insist they pay for it all as they advertised the car making 420bhp. I would really appreciate some advice on what to do next as I wouldn't have bought the car if it didn't make 420bhp.
Kind Regards

[des8]

So how recently did you purchase the vehicle?

What outcome do you want? Refund or power increase?

How much was the vehicle and how did you pay for it ... cash or finance or debit card or credit card ?

[Jusus_Envy]

Hi, thank you for responding!
I purchased it on the 29th of December and I want a power increase. The vehicle was £24,000 and I paid for it via a debit card. You can understand why it's so frustrating cause I worked hard for the money and just wanted to treat myself.
The used car dealership now wants proof that it is not making 420bhp so I have organised a dyno session (a test which measures the bhp and torque of a car) to show them that it is not making the advertised amount. That is also going to cost me £75.
Once I get the proof, I want my car to be making 420bhp which would require an ECU remap, a gearbox map, and a performance intercooler all paid for by the used car dealership so it runs safely.
Kind Regards

[des8]

If so far you have only been corresponding with the dealer by phone you should now write (first class mail with free certificate of posting from post office) to them confirming the vehicle is not as described, specifically not producing the advertised bhp
Inform them that on obtaining the result of a dynamometer test which you are arranging, you will require them to bring the vehicle specification to match the advertised description at their cost and within a reasonable time and without significant inconvenience to yourself.

I would not specify at this point what needs to be done.
Wait till you obtain the test result

[Jusus_Envy]

If so far you have only been corresponding with the dealer by phone you should now write (first class mail with free certificate of posting from post office) to them confirming the vehicle is not as described, specifically not producing the advertised bhp
Inform them that on obtaining the result of a dynamometer test which you are arranging, you will require them to bring the vehicle specification to match the advertised description at their cost and within a reasonable time and without significant inconvenience to yourself.

I would not specify at this point what needs to be done.
Wait till you obtain the test result

Hey DES8, so they've been taking a lot of time to respond back due to the guy I was dealing with has now left or gone 'off sick', and so I'm dealing with a new person.
Their latest email claims that they do not owe me a remap of the car because they advertised it as 'circa 420bhp' and 380bhp is close enough for them. Circa could mean a 1% difference but they did not specify it, but they did specify the bhp in the advert. BTW, I ran the car on the dynamometer and it made 380bhp which is way off. When I bought the car, the guy who sold it to me said if it was making 380bhp or anything less, that is not acceptable and would then provide a map to increase the bhp and I had three witnesses with me to prove that.
For me, it is not enough as they had two of the same cars in stock and I went for the one with more power, however that is not the case now as it makes the same power.
Would this whole situation come under false advertising as one of the main reasons I bought it was due to the advertised bhp?

Many thanks

[des8]

IMO the trader has breached your contract as the vehicle is not as described (Consumer Rights Act 2015 sec 11 (1)
They are also in breach of the Misrepresentation Act 1967

Again IMO a drop in power of 10% is significant and 380bhp is nowhere near c420bhp
Formula 1 teams regard single figure changes to BHP as significant!

You now have a choice of rejecting the vehicle and rescinding the contract under both acts, or claiming damages, which would be the total cost of bringing the vehicle to a position where it is in accordance with the contract