Vauxhall Astra - Bought 2 Months Ago, Might Be Write-Off
Discussion
I bought a diesel 2013 Vauxhall Astra with 86k miles on the clock for £4k back in November 2022. I've had diesels before and know about potential issues with the Diesel Particle Filters (DPF) but the car had a good service history, MOT passes etc. It drove well on the test drive and came with a 3 month AA warranty (which I extended out to 12 months for another £300).
However, three weeks after buying it a DPF fault occurred. At first I got the "DPF filter full - keep driving" message on the dashboard, which I did as I was on a duel carriageway, but despite keeping the revs high the engine overheated and the car stalled out. I had to get the AA to tow it back to the dealer. They managed to get the car going again after having it in the garage for about a week, although I don't know what they did as they wouldn't tell me and there's no record of any work being done.
Another 3 weeks after that the same thing happened...DPF full again except this time the dealer doesn't want to know as it's outside the 28 day warranty period they supply. I took the car to an independent garage and they found a whole host of other issues including several oil leaks, low oil pressure, oil leaking into the turbo, broken washer fluid tank (glued back together), some electrical faults and TWO LITRES of excess fluid in the oil system which the garage thinks is most likely diesel.
Does anyone know from a legal standpoint what the situation is? The initial fault actually occurred 3 weeks after I bought the car and the second DPF failure is obviously linked to the first, so in my mind it should still come under the 28 day dealer warranty. I told the dealer that for major faults not declared at the time of sale they are liable for up to 6 months, but they are standing by their argument that the DPF is a consumable and therefore they don't have to cover it if it goes wrong. However all the other issues have come to light as well and the independent garage I went to thinks it would cost as much as £5k to put it all right. The dealership are also denying the other faults are anything to do with them and are claiming that it must have something to do with the way I've driven the car since I bought it.
However, three weeks after buying it a DPF fault occurred. At first I got the "DPF filter full - keep driving" message on the dashboard, which I did as I was on a duel carriageway, but despite keeping the revs high the engine overheated and the car stalled out. I had to get the AA to tow it back to the dealer. They managed to get the car going again after having it in the garage for about a week, although I don't know what they did as they wouldn't tell me and there's no record of any work being done.
Another 3 weeks after that the same thing happened...DPF full again except this time the dealer doesn't want to know as it's outside the 28 day warranty period they supply. I took the car to an independent garage and they found a whole host of other issues including several oil leaks, low oil pressure, oil leaking into the turbo, broken washer fluid tank (glued back together), some electrical faults and TWO LITRES of excess fluid in the oil system which the garage thinks is most likely diesel.
Does anyone know from a legal standpoint what the situation is? The initial fault actually occurred 3 weeks after I bought the car and the second DPF failure is obviously linked to the first, so in my mind it should still come under the 28 day dealer warranty. I told the dealer that for major faults not declared at the time of sale they are liable for up to 6 months, but they are standing by their argument that the DPF is a consumable and therefore they don't have to cover it if it goes wrong. However all the other issues have come to light as well and the independent garage I went to thinks it would cost as much as £5k to put it all right. The dealership are also denying the other faults are anything to do with them and are claiming that it must have something to do with the way I've driven the car since I bought it.
Forget the warranty, its irrelevant.
You are entitled to a repair, replacement or a refund. As you have had the car over 30 days they could normally make a deduction for the miles you have covered. The fact that the same fault occurred within the first 30 days goes on your side. If any 'fault' occurs within the first 6 months it is deemed to have been there, or developing at the point of sale.
Put everything in writing, do not converse on the phone.
You are entitled to a repair, replacement or a refund. As you have had the car over 30 days they could normally make a deduction for the miles you have covered. The fact that the same fault occurred within the first 30 days goes on your side. If any 'fault' occurs within the first 6 months it is deemed to have been there, or developing at the point of sale.
Put everything in writing, do not converse on the phone.
ked when you bought it. That CDTi unit should be extremely reliable to high mileages, I'm guessing yours has been a bit of a shed and improperly repaired over it's life. The dealer should take it back. dhibbert said:
Forget the warranty, its irrelevant.
You are entitled to a repair, replacement or a refund. As you have had the car over 30 days they could normally make a deduction for the miles you have covered. The fact that the same fault occurred within the first 30 days goes on your side. If any 'fault' occurs within the first 6 months it is deemed to have been there, or developing at the point of sale.
Put everything in writing, do not converse on the phone.
^ ThisYou are entitled to a repair, replacement or a refund. As you have had the car over 30 days they could normally make a deduction for the miles you have covered. The fact that the same fault occurred within the first 30 days goes on your side. If any 'fault' occurs within the first 6 months it is deemed to have been there, or developing at the point of sale.
Put everything in writing, do not converse on the phone.
Any fault within six months is deemed to have been there unless the dealer can prove otherwise
https://www.citizensadvice.org.uk/consumer/buying-...
https://www.themotorombudsman.org/knowledge-base/w...
And from the legislation:
“goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.”
https://www.legislation.gov.uk/ukpga/2015/15/secti...
Jaguar99 said:
^ This
Any fault within six months is deemed to have been there unless the dealer can prove otherwise
https://www.citizensadvice.org.uk/consumer/buying-...
https://www.themotorombudsman.org/knowledge-base/w...
And from the legislation:
“goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.”
https://www.legislation.gov.uk/ukpga/2015/15/secti...
I hope for the OP the above is correct.Any fault within six months is deemed to have been there unless the dealer can prove otherwise
https://www.citizensadvice.org.uk/consumer/buying-...
https://www.themotorombudsman.org/knowledge-base/w...
And from the legislation:
“goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.”
https://www.legislation.gov.uk/ukpga/2015/15/secti...
I did a section 75 claim with my credit card company on a car I bought a few years ago. It started creaking and it needed ball joint, gearbox mount and lower arms on front suspension which occurred within 6 months.
Credit card company investigated and said I do t a claim against garage.
lingus75 said:
I hope for the OP the above is correct.
I did a section 75 claim with my credit card company on a car I bought a few years ago. It started creaking and it needed ball joint, gearbox mount and lower arms on front suspension which occurred within 6 months.
Credit card company investigated and said I do t a claim against garage.
TBF those issues sound like wear and tear more than a 'fault'. If it wasn't creaking and 'started' after you had had it a while then it sounds like the issues you describe might well not have been there upon collection. Plus the fact that wear in suspension can be subjective depending on who is inspecting the vehicle.I did a section 75 claim with my credit card company on a car I bought a few years ago. It started creaking and it needed ball joint, gearbox mount and lower arms on front suspension which occurred within 6 months.
Credit card company investigated and said I do t a claim against garage.
For anyone who's interested, this is the letter than I personally handed to the manager today:
Re: Return of car purchased 11th November 2022 due to re-occurring major fault.
I purchased a Vauxhall Astra 2.0 Diesel (registration number xxxxxx) from yourselves on the 11th November 2022. Within two weeks of that purchase a number of issues presented themselves, including: the engine performance deteriorated; white smoke started coming out of the exhaust, and there was a strong noticeable burning smell. On 6th December 2022 the “DPF Full – Keep Driving” warning light came on whilst I was on a dual carriageway close to home. I kept driving as instructed but within a few more minutes the engine overheated and the car stalled. I called out the AA with the final outcome of this being the car needed towing back to your premises in Cleckheaton.
The car was in your garage for about a week whilst the DPF was investigated. On the car being returned to me, it drove fine for about another two weeks until again it started to suffer from the same issues as before (poor engine performance, smoke from the exhaust and a strong burning smell). In early January 2023 the DPF warning light came back on. Despite continuing to drive for a while to try and clear the fault (constant speed on a motorway / dual carriageway) the fault did not clear and still persists.
I have lost all faith with the vehicle and reasonably believe that the car has a major fault that was present at the time of purchase, and therefore the car is not fit for purpose. As such, in line with my consumer rights, I am requesting to return the car and obtain a refund. I paid £3,895 for the car and would like this amount refunded (minus some reasonable amount to account for the mileage I have done which is currently less than 1,000 miles).
Under the Consumer Rights Act 2015, if a fault develops within the first 6 months, the dealer can attempt to fix the fault one time. If the fault appears again the buyer is entitled to a full or partial refund. As this is the second time the same fault has occurred (and the first time was within one month of purchase so arguably still within the 30 day “right to reject” period) then I am within my rights to obtain a refund on the car.
I look forward to hearing from you and to resolving this matter quickly without undue complication.
Robert Smith
Re: Return of car purchased 11th November 2022 due to re-occurring major fault.
I purchased a Vauxhall Astra 2.0 Diesel (registration number xxxxxx) from yourselves on the 11th November 2022. Within two weeks of that purchase a number of issues presented themselves, including: the engine performance deteriorated; white smoke started coming out of the exhaust, and there was a strong noticeable burning smell. On 6th December 2022 the “DPF Full – Keep Driving” warning light came on whilst I was on a dual carriageway close to home. I kept driving as instructed but within a few more minutes the engine overheated and the car stalled. I called out the AA with the final outcome of this being the car needed towing back to your premises in Cleckheaton.
The car was in your garage for about a week whilst the DPF was investigated. On the car being returned to me, it drove fine for about another two weeks until again it started to suffer from the same issues as before (poor engine performance, smoke from the exhaust and a strong burning smell). In early January 2023 the DPF warning light came back on. Despite continuing to drive for a while to try and clear the fault (constant speed on a motorway / dual carriageway) the fault did not clear and still persists.
I have lost all faith with the vehicle and reasonably believe that the car has a major fault that was present at the time of purchase, and therefore the car is not fit for purpose. As such, in line with my consumer rights, I am requesting to return the car and obtain a refund. I paid £3,895 for the car and would like this amount refunded (minus some reasonable amount to account for the mileage I have done which is currently less than 1,000 miles).
Under the Consumer Rights Act 2015, if a fault develops within the first 6 months, the dealer can attempt to fix the fault one time. If the fault appears again the buyer is entitled to a full or partial refund. As this is the second time the same fault has occurred (and the first time was within one month of purchase so arguably still within the 30 day “right to reject” period) then I am within my rights to obtain a refund on the car.
I look forward to hearing from you and to resolving this matter quickly without undue complication.
Robert Smith
The overfill on the dipstick will indeed be diesel. Its likely gone through several failed regens before purchase.
When you returned it and ran fine for 2 weeks they've ran DPF cleaner through it and it's partially cleared.
The oil pressure light showing will be the thinning of the engine oil and this could have done the engine severe damage inc the turbo bearings.Ref the oil leaks, its due to overfill most probably from the rear main oil seal which will be submerged. If that is the case the clutch will also be contaminated.
If they do decide to offer a 'repair' like
new DPF , oil and filter change ect the engine likely has little life left in it.
Return and full refund is the only answer here .
Good luck OP..
When you returned it and ran fine for 2 weeks they've ran DPF cleaner through it and it's partially cleared.
The oil pressure light showing will be the thinning of the engine oil and this could have done the engine severe damage inc the turbo bearings.Ref the oil leaks, its due to overfill most probably from the rear main oil seal which will be submerged. If that is the case the clutch will also be contaminated.
If they do decide to offer a 'repair' like
new DPF , oil and filter change ect the engine likely has little life left in it.
Return and full refund is the only answer here .
Good luck OP..
Draxindustries1 said:
The overfill on the dipstick will indeed be diesel. Its likely gone through several failed regens before purchase.
When you returned it and ran fine for 2 weeks they've ran DPF cleaner through it and it's partially cleared.
The oil pressure light showing will be the thinning of the engine oil and this could have done the engine severe damage inc the turbo bearings.Ref the oil leaks, its due to overfill most probably from the rear main oil seal which will be submerged. If that is the case the clutch will also be contaminated.
If they do decide to offer a 'repair' like
new DPF , oil and filter change ect the engine likely has little life left in it.
Return and full refund is the only answer here .
Good luck OP..
Thanks for the reply. The garage I took it to mentioned the turbo wasn't working properly, however they "forgot" to write this down on their report so I didn't mention it to the dealer (as I have no independent proof, it'd just be me saying someone else told me this).When you returned it and ran fine for 2 weeks they've ran DPF cleaner through it and it's partially cleared.
The oil pressure light showing will be the thinning of the engine oil and this could have done the engine severe damage inc the turbo bearings.Ref the oil leaks, its due to overfill most probably from the rear main oil seal which will be submerged. If that is the case the clutch will also be contaminated.
If they do decide to offer a 'repair' like
new DPF , oil and filter change ect the engine likely has little life left in it.
Return and full refund is the only answer here .
Good luck OP..
Edited by RobertSmith on Monday 16th January 20:55
Related to my other thread (used car broke down within 3 weeks of purchase, broke down again 3 weeks after that, dealer is refusing to take responsibility for it). I'm looking for a full refund on the car...what are the best sources of (preferably free) legal advice? Citizens Advice Bureau? Trading Standards? Is there a motoring specific one I could contact?
Also, has anyone ever contacted any of these? Do you ring them, email them, does it take a long time to get hold of anyone etc?
Thanks
Also, has anyone ever contacted any of these? Do you ring them, email them, does it take a long time to get hold of anyone etc?
Thanks
Canon_Fodder said:
CAB is best I think OP.
Various people on here have had good experience with them, but I sense the their service may vary from place to place
Okay thanks. Just given them a ring, they were pretty helpful but I'd already read a lot of what they told me. I was looking for a way in which the dealer might be able to argue their way out of it but haven't really found anything so far. Their best option (after I win at the small claims court) it to just not pay.Various people on here have had good experience with them, but I sense the their service may vary from place to place
RobertSmith said:
Okay thanks. Just given them a ring, they were pretty helpful but I'd already read a lot of what they told me. I was looking for a way in which the dealer might be able to argue their way out of it but haven't really found anything so far. Their best option (after I win at the small claims court) it to just not pay.
Yes indeed, there is that risk, then you may need to go the bailiff routeCanon_Fodder said:
Yes indeed, there is that risk, then you may need to go the bailiff route
Do you know what power the bailiffs have? I understand there are different ones they can use, i.e. some don't have right to forced entry whilst some do. Also I believe i have to pay for them, about £100 IIRC?Following on from other threads about the rip-off dealership I'm having issues with...
The heap of junk car I bought from them has been returned and is parked in the public street outside the dealership (Raypal Business Park in Dewsbury, West Yorkshire). It is currently fully taxed and insured.
Option 1: if I was to write a short history of my experience so far (car broke down in first 3 weeks and has a number of critical faults, they won't refund my money and have basically stolen £4k from me) and stick it on the inside window of the car for all to see, is this legal? Assume in this option I don't insult the company or say anything untrue, just a statement of the current facts
Option 2: bit more aggressive, as 1 above but warnings like "DO NOT BUY FROM THRSE PEOPLE THEY WILL RIP YOU OFF!!"
Option 3: as options 1 & 2 but full-on rant about how they are lying, cheating stealing ****s!!!!
Any / all of these legal???
The heap of junk car I bought from them has been returned and is parked in the public street outside the dealership (Raypal Business Park in Dewsbury, West Yorkshire). It is currently fully taxed and insured.
Option 1: if I was to write a short history of my experience so far (car broke down in first 3 weeks and has a number of critical faults, they won't refund my money and have basically stolen £4k from me) and stick it on the inside window of the car for all to see, is this legal? Assume in this option I don't insult the company or say anything untrue, just a statement of the current facts
Option 2: bit more aggressive, as 1 above but warnings like "DO NOT BUY FROM THRSE PEOPLE THEY WILL RIP YOU OFF!!"
Option 3: as options 1 & 2 but full-on rant about how they are lying, cheating stealing ****s!!!!
Any / all of these legal???
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