MINI Nightmare

Good day, I have never in my life experienced this type of services from a dealership, this BMW Sandton.

Please note I have been for the past weeks experiencing very difficult and stressful engagements with MINI Sandton. I signed a contract with the dealer and had not on that specific day either seen the vehicle or had taken delivery. I was told by the Sifiso Masango the sales person that the vehicle was being refurbished and I would have it by Monday 07 October 2019, however this did not take place.

I would like you to state that I was not informed that the motorplan of this vehicle I am to take delivery for expires in December 2019. This would be defeating the purpose of why I wanted to get another vehicle. I have specifically stated I required a vehicle with motor plan, Sifiso reassured me that this vehicle would have motor plan however failed to furnish me with the details.

I continuously requested that Sifiso sends me the details of this vehicle however, he failed to do so. I only discovered this when I logged on to the MYMINI website on the 17th of October 2019. I found this to be disheartening and deceiving and I am not certain this would constitute as being fair. This is noting that I had my MINI Cooper (2014), which I have had since 2016 and was happy about. The only reason I made contact with you was noting the motor plan had expired.

I am not satisfied with the responses to which I was provided and how I have been engaged. Further to this, have also not given me the quotation for the personalised number plate as I have requested. Even though I have forwarded the POP to Sifiso who had put pressure on me to make payment.

The below was sent to Sifiso noting the situation and the terms of my which I signed at the BMW Sandton dealership;

Acknowledgement of delivery 1.1 You have taken delivery of the goods, which are in good order and condition, to your entire satisfaction and according to your specifications or requirements, and confirm that all defects, if any, have been shown to you by the dealer. 1.2 You have inspected the goods and compared the chassis/serial and engine numbers indicated above with the chassis/serial and engine numbers indicated on the goods. 1.3 You hereby confirm that all costs and charges were explained to you.

3 COLLECTION OF GOODS 3.1 You are bound by these terms and conditions from the Effective Date. 3.2 You must collect the Goods from the Supplier or from Us at Your own cost on signing the document confirming that You took delivery of the Goods. 3.3 You acknowledge that We are the owner of the Goods and will remain so until all obligations and repayments to Us have been fulfilled by You, after which You will become the owner of the Goods. 3.4 You must, on request, do all things and sign all documents that may reasonably be required by Us for the purpose of arranging the insurance as aforesaid (where applicable) and for the purpose of complying with Your obligations in terms of this clause. 3.5 MFC does not warrant the suitability of the Goods for any particular purpose and You acknowledge that You are responsible for assessing the suitability of the Goods for Your purposes and you indemnify Us against any claims that may be made against Us by any third party from whatever cause arising; and. 3.6 You indemnify Us against any claim arising from the use and/or possession of the Goods.

3.7 You must inspect the Goods for any defects before taking delivery of the Goods. If any defect is found, You must not take delivery of the Goods and You must inform Us immediately.

4 USE OF AND LIMITATION ON MOVEMENT OF GOODS 4.1 You must use the Goods with s**** and care and: 4.1.1 keep the Goods in good order and condition as it will affect the warranty and/or guarantee given by the manufacturer and/or Our right of ownership of the Goods. 4.1.2 keep the Goods in Your possession or under Your control at all times and inform Us within 10 (ten) days if the Goods are not kept at Your stated address or kept at premises that do not belong to You; 4.1.3 not abandon, sell or leave the Goods, or allow the Goods to be the subject of any attachment or legal claim by any other person; 4.1.4 accept that Our designated employees or agents may inspect the Goods; 4.1.5 comply with all laws and regulations; 4.1.6 take responsibility for the payment of all regulatory fees, and if We pay these fees as a result of default on Your part, We will claim repayment of the fee and disbur*****ts from You; 4.1.7 notify Us in writing, within 10 (ten) Business Days, if either Your VAT registration status or the taxable or non-taxable purpose for which the Goods are used (as contemplated in the Value-added Tax Act of 1991) changes after the date You signed this Agreement; and 4.1.8 not take the Goods outside the Republic of South Africa without Our written consent. 4.2 You do not have a claim against Us for any improvements to the Goods. Any improvements become part of the Goods and any modifications to the Goods must be authorised by Us in writing. 4.3 You must disclose the location of the Goods if so required.

9 SUBSTITUTION 9.1 If, after delivery of the Goods to You, it is agreed between You and Us that other Goods be substituted, this Agreement will apply to the substitute Goods, rather than the Goods originally described, from the date of delivery of the substitute Goods. 9.2 We will prepare and deliver to You an amended Agreement describing the substitute Goods, but without making any other changes to the Agreement.

21 WARRANTIES RELATING TO THE GOODS 21.1 You acknowledge and warrant that: 21.1.1 both the Goods and the Supplier of such Goods have been selected and approved by You and the Goods are hereby sold/leased by Us to You as supp**** by the Supplier; 21.1.2 We do not indemnify You against eviction; 21.1.3 defective and/or incomplete delivery or the failure by the Supplier to make good any breach or fulfil any warranties, guarantees, representations or undertakings will in no way affect Your obligations towards Us and You must continue to perform all Your obligations, including paying the instalments/rentals as they fall due as if no such defective or incomplete delivery or failure had occurred.

23 FREEDOM-OF-CHOICE DECLARATIONS IN TERMS OF SECTION 44 OF THE LONG-TERM INSURANCE ACT AND SECTION 43 OF THE SHORT-TERM INSURANCE ACT 23.1 Should We as credit provider require You to cede a short-term or long-term policy to Us to secure the financing provided to You under this Agreement, You are free: 23.1.1 to enter into a new policy and make it available to Us; 23.1.2 to make available an existing policy of the appropriate value; or 23.1.3 to use a combination of these two options.23.2 You are also entitled: 23.2.1 to appoint the insurer and intermediary (if any) to render the contemplated service; 23.2.2 to decide whether or not the value of the policy benefits should exceed the value of the debt or Our interest, taking into account any other policy benefits provided under any other policy also to be made available to Us; and 23.2.3 to decide whether or not the policy benefits are to be provided in an event other than the death or disability of the insured life, if the policy is a long-term policy. 23.3 By signing this You declare that before providing or effecting the required insurance policy: 23.3.1 You have been given this notice of freedom of choice; 23.3.2 You have exercised that freedom of choice; and 23.3.3 You have not been coerced or induced in any way in the exercising of Your freedom of choice.

I further made arrangements with Netstar to get the tracker installed which illustrates I was still engaging with good faith, the sales person confirmed this and the device was then put in the vehicle. Sifiso furthermore, as per our telephone conversation suggested that his manger would have alternatives to which I requested I be furnished with the details and alternatives that will be in discussion. I asked that they note, I need this information as I may be required to contact MFC for additional financing for a motor plan. I have illustrated that I had asked Sifiso regarding the motor plan, this is subsequent to our face to face discussion on Monday 07 October 2019. I had asked him to send me details regarding an extension of the motor plan, this was done at Maponya Mall when Sifiso came to have the transfer documents signed. He was meant to send me this then, however failed to do so. I just would like to highlight to you that my 2014 MINI motor plan expired at 100 000 km (May 2019). Which to me made me assume that this MINI One 2017 would have the same terms. I was not aware or made aware by you that the motor plan would expire in the next 60 days at 70 000kms. Please note; I have not made my first installment to MFC and this to me feels like an additional financial burden, as I have not budget for R 50 000 for extension of motor plan.Furthermore, I was quoted around R 50 000 to extend my MINI 2014 motor plan, this simply means I was better off with that vehicle than this one which is on a new contract of 72 months. I am not disputing that the MINI One is a 2017 at a low instalment as Sifiso kept indicated telephonically. I know that a high mileage vehicle is likely to be cheaper. However, the core of this is that I took the vehicle with the assurance that I will not worry about motor plan and that extension of the motor plan would be at my expense. However, noting that the motor plan expires in 60 days, it means the quoted amount is higher than I had anticipated or that I can afford, this therefore puts me in a precarious position which could have been avoided if you had given me the details. Please note the details of the motor plan were discovered by me on the MY MINI website; had I not logged on I would still be in the dark. Sifiso has also indicated he would send me details of how it is I may cancel the deal which suggest that the deal should be cancelled. I was still not furnished with that information. At this point I encouraged Sifiso to please escalate the matter as he and I have somewhat reached a dead end and are not hearing each other. This did not happen. In addition to this I further clarified that I would like to also reiterate that I am not refusing to hand over the loan vehicle and that my main concern is that this MINI One A/T (2017) was sold to me with the understanding that it is still under motor plan. The reason I had trade my MINI Cooper (2014) even though I had not experienced any problems was due to it having reached 100 000 kms and out of motor plan.

The MINI One A/T (2017) is at 60 000 kms and will be out in the next 10 000kms which puts me at a more precarious position that is far worse than the position I was in with my MINI Cooper (2014) which I have had financed since November 2016. I am starting a new 72 months contract with MFC with a vehicle that will not be on a motor plan in the next 60 days.

This to me is rather concerning as my understanding was that Sifiso knew exactly what I needed from him which was a vehicle I know will be properly maintained and service under a BMW/MINI motor plan. I have in several instances asked him to forward me details of the vehicle. Further the contract which I signed did not specifically indicate that the motor plan expires in December 2019 but was rather my financial commitment to the dealership and MFC.

Sifiso did not at any point indicate aforementioned to me at any point, I asked that I kindly forward the alternatives. In addition to this, the quotation as per my request for motor plan extension is at a rate which is much higher due to the date in which the motor plan expires being so close. I was open to this option and getting it financed however for an additional 20 000/10 000 kms for my financial situation which I am certain you are aware of, R 30 000/R50 000 is exorbitant. This is the same amount I could have paid for motor plan extension with my 2014 MINI which I had paid since 2016.

The manager Dean had indicated on the 18th of October 2019 that he wouldn’t hand over the vehicle as the windscreen needed to be replaced as well as they tyres.

I was invited to come to the dealership; this was on Saturday 19 October 2019. I found the vehicle which I was rushed to signing in a condition that is total ridiculous. The windscreen had cracked and didn’t look in a position one would buy a vehicle in. This again illustrates the vehicle was never in a condition to be sold to me and that I have been misled and deceived into signing for a vehicle that is in a bad condition. Subsequent to my seeing the vehicle for the first time and indicating my dissatisfaction, Dean reassured me and indicated he would try to get me into a more suitable and vehicle in an acceptable condition. I indicated how affordability would be a problem, he however stated he would find something more financially plausaible by Wednesday 23 October 2019. I have been in communication with Dean and he has noted he has difficulty in doing so therefore meaning I am left with the option of taking delivery of the vehichle I signed for even under false understanding. Another option would be to take back my MINI 2014 which was financed since 2016, however on a new contract. Both option to me seem extremely unfair and ********* as I was misled by Sifiso.

I asked that I am not be victimized and coerced into an agreement I do not understand and that all details will be given to me in a transparent and fair manner so I can mull over the details and we reach an amicable way forward regarding the extension of the motor plan or as Dean indicated getting into another vehicle.

There has no been a single way forward except that I put myself in a compromising position which I would not have been in if it were not for Sifiso misleading me and calling me a ****.