Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - Matthew Gee
Hi
Brought the above car 10th March for £6850 was listed as CAT D with quarter panel damage and repaired to a high level. Was also listed as having Stop/Start and Bluetooth. Viewed the car and went for a test drive (about a mile) the bodywork looked fine no obvious signs of damage or repair although I didn’t check under the car.
Completed the purchase and drove the car 40 miles home with no issues although was a bit puzzled as to why the stop start didn’t kick in. Got home and looked at the supplied manuals and realised it didn’t have neither stop start nor Bluetooth. Phoned the garage up who advised yes it did and the it needed driving a bit for it to charge and kick in. I said ok and thought would give it a chance.
It seemed to drive fine and I started noticing a strange nocking noise at the rear when pulling off or the car was changing gear.
I took it round to a mechanic I know who couldn’t identify anything but was horrified when he looked under the car and saw that the had cut the sill underneath and not welded it back when they repaired the panel. I called the garage and informed them and just got told to bring it back. Priori to doing this it took it round to a garage who put it on a ramp and did a thorough check underneath and found more issues listed below
“O.s rear sill + quarter panel repair inadequately fitted due to not being correctly welded on sill section I.e panel coming away from the body nd not correctly mated or welded to original sill section thus making the vehicle structure unsafe.
O.s.r brake pipe incorrectly fitted and rubbing on handbrake”
I returned the car Friday 16th March and asked for a full refund explaining why and showed them photos and the garage report but was told in no uncertain terms that wasn’t going to happen. Then I was told they might refund however would charge me for everyday I had the car totalling £500.
I felt rather intimidated but the eventually agreed to repair the car, I asked them to transport the car back to me but was again refused as they said it would cost them. They agreed to take me to the station ( in my car) but I had to pay the train fare to get home !!!!
I am due to pick the car up next Saturday 24th March but am dreading what I am going to find.
Did I do wrong carpeting the repair and as such have I lost any claim to getting a refund?
Can I pick the car up and bring it back to get it checked? I Commute from Nottingham to Sheffield everyday so cannot be without a car.....
Please help and advise as I’m lost as to what to do .... Don’t have funds to pay for this and that to be done ! Any help much appreciated
Thanks
Matt
Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - skidpan

The law allows you to reject the car within 28 days for a full refund. Speak to a specialist solicitor on a free interview basis if you are not happy googling the proceedure. Which magazine has a pro-forma on their web site and clear instructions.

But you may have scored a home goal by allowing them time to repair it.

Best of luck dealing with these sharks.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - Matthew Gee

The law allows you to reject the car within 28 days for a full refund. Speak to a specialist solicitor on a free interview basis if you are not happy googling the proceedure. Which magazine has a pro-forma on their web site and clear instructions.

But you may have scored a home goal by allowing them time to repair it.

Best of luck dealing with these sharks.

Thanks for the reply, surely allowing them time to fix the fault won’t work against me will it? If the repair still isn’t up to standard then surely I have given them time to effect a solution. Will I have to stop using and return the car or can I make them collect it.? Cheers
Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - SLO76
Bit late now but for anyone else reading this, never, never buy an insurance write off unless it’s an old low value car which has been written off by a minor bump. Some sub £3k cars can be for a bumper and a spot of paint. But newer much more valuable motors like a 16 plate GTC Astra will have been in a major impact to be deemed beyond economic repair.

Small dodgy Joe outfits buy them as salvage then repair them badly on the cheap to turn a profit from the unwary who see only a cheap headline price and a way to buy a car they can’t actually afford. Sellers will always say it was written off by a minor impact but use your intelligence and think for yourself. Why would an insurer write off say £9k worth of car for £500-£1000 of minor damage?

Every single write off car I’ve been asked to view by customers has had major problems and very poor quality repairs. I’ve never been able to recommend a single one and the only one I’ve personally sold was an old Mazda 323 many years ago which had been written off by a cracked bumper which I replaced with a second hand one. The car was perfect again and I took pictures of the before, during and after to pass onto the next owner who kept it for many dull but pain free years.

Live within your means and buy a good if older example instead.

As for the OP good luck fighting for your money back. The law is in your corner but these fly guy outfits know how to get round it, usually by bankrupting the limited firm it’ll be trading as them renaming it so you can’t touch any assets.
Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - Palcouk

Very unwise to buy any Cat D or any otherwise recored vehicle that had a claim reigiestered against it unless you are a vary knowledgable buyer.

Even if OK you would have dificulty selling the vehicele at a later stage

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - pd

As above, a 16-plate written off car which was written off due to damage will have likely had a major bump costing many, many thousands to fix properly. Otherwise, the insurance company would have repaired it.

I think your comeback may be minimal in law. You have knowingly purchased a written off car which you have no right to expect to be of anything like the same quality as a "proper" one so your "reasonable" expectations must be very much reduced. If you're going to argue it was unroadworthy than that is a different issue and is nothing to do with consumer rights but can be a tricky argument to win.

I'f fully agree above, I'd have no issue with an old lower value car written off due to a scratch on the bumper as no one would have carried out any major repairs on it because the figures would not add up but newer cars which are written off are a whole different ball game.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - 520i

Presumably this purchase was from a dodgy backstreet or 'at home' dealer, rather than from somewhere with business premises? So a night time visit to 'have a look' at the stock on his forecourt isn't an option....

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - RobJP

Presumably this purchase was from a dodgy backstreet or 'at home' dealer, rather than from somewhere with business premises? So a night time visit to 'have a look' at the stock on his forecourt isn't an option....

That looks suspiciously like you are encouraging Arson or Criminal Damage.

Which would then be the offence of 'conspiracy to cause ... etc', and would see you in prison, even if the OP didn't act on your 'suggestion'.

Ever considered that you should think first, type later ?

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - 520i

"That looks suspiciously like you are encouraging Arson or Criminal Damage.

Which would then be the offence of 'conspiracy to cause ... etc', and would see you in prison, even if the OP didn't act on your 'suggestion'.

Ever considered that you should think first, type later ?"

Oh no no no... I was suggesting the OP might wish to examine any forecourt stock to see whether it also has sills hanging off or other appallingly dangerous repairs, so that further concerns might be raised with the authorities. The dealer is unlikely to allow him to do so during trading hours, is he. It's highly unlikely to be just the one car that he's "recycled" after all.

Criminal damage indeed. It would appear to be you who's suggesting that, sir...

Suggest you nip over to PistonHeads for a browse, you'll have a field day!

Edited by 520i on 23/03/2018 at 14:38

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - RobJP

That would assume that the OP has the competence to inspect a car, at night, and see badly-repaired damage, or that such repairs would be obvious at a glance - or by torchlight.

The fact that they bought the original car would suggest otherwise.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - focussed

That would assume that the OP has the competence to inspect a car, at night, and see badly-repaired damage, or that such repairs would be obvious at a glance - or by torchlight.

The fact that they bought the original car would suggest otherwise.

RobJp -Wnen you are in a hole - stop digging.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - FP

Rob's not in a hole - he knows what he's talking about and probably has more knowledge of the law than you.

The suggestion (even if tongue-in-cheek) to pay a night-time visit to the dealer's premises is obviously dodgy. And the excuse that it would be to inspect stock is ridiculous. "Have a look" is in quotation marks and therefore not to be taken at face value.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - Bromptonaut

Rob's not in a hole - he knows what he's talking about and probably has more knowledge of the law than you.

I thought that for a while but later examples have illustrated exactly why some JPs desperately need the advice of their legally qualified clerks.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - Avant

Are you a magistrate Rob? I thought the JP was simply the initials of your other Christian name and your surname.

But Bromp makes a good point. I taught law to accountants for many years and am still an examiner, and there is just so much greater a volume of law, in all areas, since I first taught it 40 or so years ago. And not all of it due to the EEC / EU.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - RobJP

It's my initials, yes.

I also used to be a magistrate - until the local court was closed in 2013.

Let's put it this way. I've known people get a knock on the door for similar 'encouragement/incitement' type issues.

A CPS lawyer would argue, in court, that the excuse of 'only' encouraging the person to go around under the cover of darkness to 'inspect' the cars is a load of balls, and was encouraging the use of violence to 'get even'. Especially as the original buyer is obviously not competent to inspect for such damage - even in daylight, having bought a pig in a poke the first time.

I don't claim to have any idea of what the outcome would be. But it would certainly give a case to answer, and need a decent lawyer on the defence side, along with the person to be pretty convincing on the stand.

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - 520i

Quite interesting. At the risk of going wildly off topic, would such a response generally require the individual to actually carry out the act, and then perhaps plead that they were encouraged/coerced into doing it by others? Presumably the tests of 'in the public interests' and 'realistic prospect of conviction' would likely fall some way short if nothing resulting crime actually occurred?

I would of course hope that the authorities might have more worthwhile places to track down dangerous online criminals that our very own HJ backroom! And I'm maintaining my defence, M'Lud!

Vauxhall Astra GTC 2.0 SRI automatic - 16 Reg Astra GTC - Issues with Seller need advice - RobJP

It's an odd one in that, even if the 'encouraged' person does nothing, the 'encourager' has still committed an offence.

I'd agree that it's highly unlikely that anything would ever come of such a posting. But it's always worth bearing in mind when making a posting - Facebook, forums, etc.

If (for example) the original person went to the garage under cover of darkness, trashed a few cars, and was then caught. Under questioning they're found to be 'easily influenced', and mention that someone online gave them the idea of 'paying a visit', and where it was mentioned, etc ...

Personally, I'd not want to be in that position ... rather exposed, to say the least !

Edited by RobJP on 24/03/2018 at 16:50