Car has been written off 11 months later by Axa after I bought it

Seregwethrin · 14-09-2017 12:43PM #1

Hi,
Mar 2016: Axa writes off the car Category B can't be repaired (but doesn't declare)
Oct 2016: I buy it privately from a mechanic, Tax & NCT it perfectly. Cartell check was fine, write-off wasn't anywhere.
Feb 2017: MotorTax is notified by Axa about write-off, 11 months later
Sep 2017: I can't re-tax it because MotorTax says the car is written off
I am still on the phone with Axa trying to figure out what's going on.
Is there a scam going on??
Any help, ideas?
Thank you

Update:
Axa just confirmed they have written off this car.
They confirmed it was written off for the date before I bought it but they don't confirm when the write off notification happened.

They also confirmed the claim the car related to is not related to me so they don't disclose much.
They told me it was written off for Class B, and the car should have destroyed and I should have never bought this car.

Regardless, I bought it from someone who had the logbook of the car, privately.

They are telling me this car is not roadworthy, but I have an NCT from Oct 2016 2 years.

They are telling me there is no way to lift the Class B write-off.
But I own this car and they are preventing me from using it.

What should I do, call Garda, get a solicitor?

corglass · 14-09-2017 01:02PM

What category (B or C I'm guessing) was the write off?

Seregwethrin · 14-09-2017 01:12PM

@corglass
I don't know... MotorTax didn't give me those details and still waiting for a guy to call me back from Axa...

corglass · 14-09-2017 01:22PM

Have a Google on the categories, off my head it's
A: cannot return to road
B: cannot return to road
C: can return to road but beyond economical repair

can return, economic to repair

You'll need to know the category from AXA to establish if it can return to road.

Cows Go µ · 14-09-2017 02:12PM

Also, I've heard of them accidentally noting the wrong vehicle as being written off. Make sure they have got the right car

Del2005 · 14-09-2017 02:27PM

corglass wrote: »

Have a Google on the categories, off my head it's
A: cannot return to road
B: cannot return to road
C: can return to road but beyond economical repair
can return, economic to repair

You'll need to know the category from AXA to establish if it can return to road.

IIRC Ireland doesn't do categories for write off. But if it is a dangerous write off it should be going to a scrapper not a garage. So it most likely was an economic write off and will need a main dealer inspection before it can be taxed.

Seregwethrin · 14-09-2017 02:30PM

Del2005 wrote: »

IIRC Ireland doesn't do categories for write off. But if it is a dangerous write off it should be going to a scrapper not a garage. So it most likely was an economic write off and will need a main dealer inspection before it can be taxed.

I've taxed it once on Oct 2016 fine and also car passed NCT on Oct 2016 for 2 years until Oct 2018.

Does this not help?

beer enigma · 14-09-2017 04:22PM

The only way the mechanic in Portlaois could have the log book is if he bought it as a repairable write off in which case he had a duty to tell you ?

CJhaughey · 14-09-2017 04:34PM

Sounds like a clerical error to me.

Seregwethrin · 14-09-2017 04:41PM

Damage level:	Written-off by insurer
Action: Contact Cartell
Source: DoT
Date: 13-02-2017

Just did a Cartell check and I got this.

Cartell guy told me DoT only writes-off A and B classes. He is going to look into this and call me back but honestly this is getting even more confusing as I bought it in Oct 2016...

ohnonotgmail · 14-09-2017 04:47PM

Seregwethrin wrote: »
Damage level:    Written-off by insurer
Action: Contact Cartell
Source: DoT
Date: 13-02-2017
Just did a Cartell check and I got this.

Cartell guy told me DoT only writes-off A and B classes. He is going to look into this and call me back but honestly this is getting even more confusing as I bought it in Oct 2016...

was it written off in the UK?

Seregwethrin · 14-09-2017 04:50PM

ohnonotgmail wrote: »

was it written off in the UK?

I don't think so, this is an Irish car, it doesn't say "UK" or not. It says DoT and I assume it is Irish DoT, no?

ohnonotgmail · 14-09-2017 04:51PM

Seregwethrin wrote: »

I don't think so, this is an Irish car, it doesn't say "UK" or not. It says DoT and I assume it is Irish DoT, no?

they must be using the old abbreviation if it is the irish one. it hasnt been just the department of transport for a while now.

Seregwethrin · 14-09-2017 04:55PM

ohnonotgmail wrote: »

they must be using the old abbreviation if it is the irish one. it hasnt been just the department of transport for a while now.

Yeah I see, it is: "DTTAS Department of Transport, Tourism And Sport"

Well, this is just Cartell web interface and it says "DoT". It might easily mean DTTAS I assume as Cartell itself is not related to Tourism and Sport.

ohnonotgmail · 14-09-2017 04:58PM

have you contacted the mechanic and asked him how he obtained the car?

Seregwethrin · 14-09-2017 05:22PM

ohnonotgmail wrote: »

have you contacted the mechanic and asked him how he obtained the car?

Well he bought and told me car needed some attention he replaced a few parts but nothing major, and then I got it from him and the car passed the NCT in 2 weeks while I was owning it and also Cartell report at the time didn't show up any write-off.

ohnonotgmail · 14-09-2017 05:22PM

Seregwethrin wrote: »

Well he bought and told me car needed some attention he replaced a few parts but nothing major, and then I got it from him and the car passed the NCT in 2 weeks while I was owning it and also Cartell report at the time didn't show up any write-off.

yes but have you contacted him since you found out it was written off?

Seregwethrin · 14-09-2017 05:24PM

ohnonotgmail wrote: »

yes but have you contacted him since you found out it was written off?

No, I just found about it today and I am still waiting for Axa and Department of Transport to return back to me with more information as nobody had any concrete information yet...

Like Axa hasn't confirmed they wrote off the car, I was on the phone with 4 people. It seems they are investigating.

If they have written off the car they should be able to tell straight away that they did that, shouldn't they?

ohnonotgmail · 14-09-2017 05:28PM

Seregwethrin wrote: »

No, I just found about it today and I am still waiting for Axa and Department of Transport to return back to me with more information as nobody had any concrete information yet...

Like Axa hasn't confirmed they wrote off the car, I was on the phone with 4 people. It seems they are investigating.

If they have written off the car they should be able to tell straight away that they did that, shouldn't they?

that would assume competence on behalf of the people you were talking to.

Buffman · 14-09-2017 06:18PM

Seregwethrin wrote: »

I am still on the phone with Axa trying to figure out what's going on.
Is there a scam going on??
Any help, ideas?

I don't think it's a scam, sounds very much like an error somewhere along the line.

One of my previous cars was a 'write-off', the only issue I had with it was having to email the NCT certificate to insurance companies before they would quote me. No issues at all with tax.

It might be worth popping into your local motor tax office to get talking to somebody face to face to get an answer as to what's going on.

Seregwethrin · 14-09-2017 06:24PM

Axa just confirmed they have written off this car.

They confirmed it was written off for the date before I bought it but they don't confirm when the write off confirmation happened.

They also confirmed the claim the car related to is not related to me so they don't disclose much.

They told me it was written off for Class B, and the car should have destroyed and I should have never bought this car.

Regardless, I bought it from someone who had the logbook of the car.

They are telling me this car is not roadworthy, but I have an NCT from Oct 2016 showing the car is roadworthy.

They are telling me there is no way to lift the Class B write-off.
But I own this car and they are preventing me from using it.

What should I do, call Garda, get a solicitor?

Sofiztikated · 14-09-2017 06:33PM

Seregwethrin wrote: »

Axa just confirmed they have written off this car.

They confirmed it was written off for the date before I bought it but they don't confirm when the write off confirmation happened.

They also confirmed the claim the car related to is not related to me so they don't disclose much.

They told me it was written off for Class B, and the car should have destroyed and I should have never bought this car.

Regardless, I bought it from someone who had the logbook of the car.

They are telling me this car is not roadworthy, but I have an NCT from Oct 2016 showing the car is roadworthy.

They are telling me there is no way to lift the Class B write-off.
But I own this car and they are preventing me from using it.

What should I do, call Garda, get a solicitor?

How much did you pay for the car?

Honestly, if it is a write off, only you can determine if it's worth the hassle and time chasing money on it.

I'd give the Garda a shout though, so they can give your man a little visit.

Seregwethrin · 14-09-2017 06:40PM

Sofiztikated wrote: »

How much did you pay for the car?

Honestly, if it is a write off, only you can determine if it's worth the hassle and time chasing money on it.

I'd give the Garda a shout though, so they can give your man a little visit.

Bought it for 5.5K BMW 316 2007. The car drives perfectly fine.

How can a car be a write-off if it can pass the NCT?

discodaveirl · 14-09-2017 06:44PM

A solicitor is going to cost you, so i wouldnt be going spending money on thatjust yet.. I would however try and put the onus on AXA (or there agent) to reimbuse you. They paid out on the claim obviously and there agent (scrap yard with the required enviromental licences) should have destroyed your car. Whos name was on the logbook when you bought the car (was it the seller or a third party)? Have you any paper trail of payment (paid by cash, cheque, postal order or bank draft)? Have you any screenshot of donedeal ad, copy of advert from local paper or a photo of the car at the location where you bought it. Someone hasnt done there job properly and you have been defrauded. Try and get your paperwork in order now and deal with this asap. Even though you have an NCT cert, your car shouldnt be on the road. I wouldnt be keen on driving on the road as it may invalidate your insurance.

honda boi · 14-09-2017 07:01PM

I wonder could cartell be held partly responsible as they said it wasn't a write off or is the full blame on axa?,

Farmer · 14-09-2017 07:10PM

honda boi wrote: »

I wonder could cartell be held partly responsible as they said it wasn't a write off or is the full blame on axa?,

By agreeing to their terms and conditions you agree to indemnify them against virtually everything

elperello · 14-09-2017 07:15PM

Farmer wrote: »

By agreeing to their terms and conditions you agree to indemnify them against virtually everything

Yes it looks like the legal eagles went to town on the T&Cs. They could nearly take your first born and get away clean!

CJhaughey · 14-09-2017 07:22PM

Time to get the Insurance Ombudsman on the case I imagine, Axa are at fault for not ensuring the destruction of the vehicle if it had been written off.
Timely notification of the writing off of the vehicle should also have happened so that this kind of timeline should not arise.
11mths is not in any way acceptable.
I'd start by contacting the Ombudsman and ask them to start investigating how this happened.

Buffman · 14-09-2017 07:44PM

Seregwethrin wrote: »

Axa just confirmed they have written off this car.

They told me it was written off for Class B, and the car should have destroyed and I should have never bought this car.

Ok, so there're two issues here.

1. How did AXA dispose of the write-off car and allow it to back onto the road again when they should have scrapped it and received the certificate of destruction? I suspect getting them to answer that will be like getting blood out of a stone, especially as you aren't an AXA customer.

I'm guessing AXA are acting under the new 2016 Road Traffic Act Section 4:

Vehicle insurer obligations

4. (1) A vehicle insurer, who as a result of an inspection of a mechanically propelled vehicle determines that such vehicle is defective to the extent that it is—

(a) when in motion, a danger to the public, and

(b) beyond repair,

shall notify the Minister in accordance with subsection (2) within 5 working days of such inspection.

(2) When an insurer notifies the Minister under subsection (1) it shall also notify the Minister whether, based on the inspection of the vehicle, it is suitable for the salvaging of viable automotive parts.

(3) A notification under this section shall be dated and shall include the following:

(a) the registration number (if any) of the vehicle;

(b) the make, model and body type of the vehicle;

(c) the VIN, or vehicle identification number, of the vehicle, that is to say, the fixed combination of characters assigned to the vehicle by a manufacturer or its authorised distributor for vehicle identification purposes which is marked on the chassis, frame or other similar structure of the vehicle;

(d) the date on which the vehicle was inspected by, or on behalf of, the vehicle insurer;

(e) if the defect in the vehicle was the result of an event involving the vehicle which occurred in a public place, the date of that event and, if any insurance claim arose in relation to the vehicle’s involvement, the insurance company’s claim number in respect of that claim.

(4) The Minister may make regulations prescribing the manner in which a notification under subsection (2) shall be made including, in particular, whether it is to be made electronically or in hard-copy.

You may be able to make a freedom of information request on this to the department and get a clearer picture of what's going on.

Seregwethrin wrote: »

Regardless, I bought it from someone who had the logbook of the car.

They are telling me this car is not roadworthy, but I have an NCT from Oct 2016 showing the car is roadworthy.

They are telling me there is no way to lift the Class B write-off.
But I own this car and they are preventing me from using it.

What should I do, call Garda, get a solicitor?

2. How to get the car back on the road? I'd contact the department and ask them how to get the 'write-off' removed from their system to reflect the vaild NCT.

Del2005 · 14-09-2017 07:51PM

Buffman wrote: »

2. How to get the car back on the road? I'd contact the department and ask them how to get the 'write-off' removed from their system to reflect the vaild NCT.

NCT doesn't test enough to prove its safe. There could be structural issues that caused it to be written off. I wouldn't want to be in a crash in it without getting a full inspection done. Or at least get the report from AXA on why it was written off.

tnegun · 14-09-2017 10:06PM

Wonder is it a clone? Does the VIN match or look like its been altered?

Car has been written off 11 months later by Axa after I bought it

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