1 reviews | Active since Jan 2019
Ariva treating me unfairly and unjust
My Sent Response to the unsatisfactory Response
Thank you for coming back to me with such eloquent response – I never thought I would get such a response from you I think we are not on the same page – with regard to my dispute o I have no objection with regard to the Access amount to be paid – 10% of the Access should be R10900 as you mentioned as stated that on the contract that it should be R5000 or 105 of the Vehicle value –how did you guys arrive at R14800.00 o With regard to towing – Had I been assisted as requested on Saturday morning –this vehicle could have been uplifted had you guys been available as well ( but if you listen to my call that I made on Saturday Morning on number ********** and ********** ) I was clearly told that Hence I believe this amount should be WAIVED The INITIAL conversation with my responses in RED
Good day Sir Thank you for your mail and we would respond as follows 1 The vehicle you have been renting from Ariva was and still is, the property of Ariva – As you have stated nicely that it is your property - hence you were charged for towing and I made a call to you to assist me and you were not even available ( my respo) –But what can I do as I have no case as you state 2 The letter you have attached refers very specifically to point 3 where Ariva has the discretion to offer you the opportunity to purchase the vehicle AFTER the rental period has ended –( my response ) It says nothing about the discretion hence I insisted on this letter of ownership from the beginning 3 The rental agreement has not been concluded, rental payments to end of term have not been made ( point 4 of said letter) and accordingly, at this juncture, the letter referred to and attached by yourself, is not applicable under the circumstances and, accordingly, ( my response ) --( the amount which I should have paid is R59400 till the end of the TERM (October 2019) – which is unfair to me ) –What is the last amount was R100.00 4 Your statement that you are the co-owner of the vehicle is incorrect and you have no said right or title to the vehicle in question –( My response ) If I have no right why am I being held accountable because the contract states that I am liable for all the costs ( what do you mean –I have no said right ? 5 In view of the status of the vehicle i.e that it is considered uneconomical to repair, Ariva has exercised its right to unilaterally terminate the agreement in terms of Clause 9.8 of your Ariva agreement - ( My response ) ( being uneconomical does not mean I cannot Repair the vehicle and pay you guys the R59400) so you can had the vehicle to me for ownership With regards to your second and third scenarios we would note as follows 1 In terms of clause 9.2.1 of your contract, very specific instruction is provided with regards to the upliftment and towing of your Ariva vehicle post an accident 2 We have advised on no less than two occasions thereafter, as to the correct number to be phoned in the event of an incident such as you experienced, the first, an sms sent to you and received by your phone on the 10 August 2017 and an email sent to you at your Liberty email address, also received and opened by you on the 10 August 2018, The latter also reiterated the requirement not to allow the Ariva vehicle to be towed by any non-authorised Ariva service provider –( My response ) In an accident – NO one in his right frame of mind can remember this information – there was no time to look for SMS on the Phone nor emails to be read so I can contact the claimed number you are referring to - 3 It is our view therefore that we have kept you informed of the relevant and correct contact numbers which should have been used to report the said incident –( my response ) This was an accident not a social event whereas I had to remember these points you are referring to – I mean I called your office no one answered – I could not leave the vehicle on the road – had to come with plan B 4 We note further, contrary to your assertion that you were disorientated and in shock and, hence used the first available towing assistance that arrived at the accident scene, our records indicate that the accident occurred at around 01h08 on Saturday morning 15 December (not 10h30 on the 14th December, as claimed) and the vehicle was not in fact uplifted until 13h31 on Saturday afternoon- irrespective of your state of mind at the time of the accident, which we empathise with, you had the whole of Saturday morning to contact the correct parties to uplift the vehicle-(my response ) ( time has no effect on the accident happening -I must have had it wrong ( I contacted the number ********** 408 and ********** ) same morning for the Vehicle to be uplifted –what do you mean I had the whole Saturday morning because I called these numbers for assistance and for the vehicle to uplifted Accordingly and in view of the above we wish to confirm that we are holding you accountable for both the insurance excess of R14800 and the towing and storage charges of R8200. Arrangements may be made to repay the said amounts with our Collections department and, as I understand it, Rudzani has already had contact with you in this regard and, may be contacted on **********
We believe we have responded to you, in great detail and clarity, (which you have acknowledged) and, which we stand by and, do not wish to get into a public spat on Hello Peter.
The matter has now been referred to our legal department and any further correspondence from yourself which we welcome, should please be addressed to the legal Manager c/o Rudzani, whose email address you hold.
We maintain that we have acted justly, fairly and in accordance with the terms and conditions of your contract with Ariva but, should you still not be satisfied with any further correspondence with ourselves, we would welcome any approach you may wish to adopt with the Insurance Ombudsman directly. Kind regards
We believe we have responded to you, in great detail and clarity, (which you have acknowledged) and, which we stand by and, do not wish to get into a public spat on Hello Peter.
The matter has now been referred to our legal department and any further correspondence from yourself which we welcome, should please be addressed to the legal Manager c/o Rudzani, whose email address you hold.
We maintain that we have acted justly, fairly and in accordance with the terms and conditions of your contract with Ariva but, should you still not be satisfied with any further correspondence with ourselves, we would welcome any approach you may wish to adopt with the Insurance Ombudsman directly. Kind regards
