Car Track is the worst!!!! STAY AWAY!!!!!!!!!!!

My car was written off in January 2021. I canceled my contract. Now car track want to charge me a cancelation fee.

I spoke to my lawyer and he advised that:

"The Consumer Protection Act stipulates that fixed term agreements are contracts of a definite duration. Cellular phone contracts, gym contracts, lease agreements, armed response / security contracts, educational institution contracts are all examples of fixed term agreements.

Section 14 of the Consumer Protection Act dealing with the expiry and renewal of fixed term agreements does NOT apply to agreements entered into between juristic persons, irrespective of their turnover or asset value. (This is likely to exclude application of the Section 14 provisions for most, if not all, commercial lease agreements.) A juristic person is defined as a body corporate (company, close corporation, etc.), a partnership or association or a trust as defined in the Trust Property Act, 57 of 1988. Please note that a sole proprietorship is NOT a juristic person. The rules relating to fixed term agreements thus only apply where a natural person (including a sole proprietorship) is the subject of such an agreement.

The Consumer Protection Act provides that fixed-term consumer agreements must not exceed a certain maximum period. The regulations currently prescribe 24 months from the date of the consumer’s signature as the maximum period, unless such longer period is expressly agreed with the consumer and the supplier can show a demonstrable financial benefit to the consumer. The Consumer Protection Act also empowers the Minister to prescribe different maximum periods for different categories of agreements by way of regulation or as provided for in approved industry codes.

A consumer may cancel such an agreement before the agreed expiry date by giving the supplier 20 business days written notice. No reasons for the cancellation are required. A supplier may also terminate the agreement prior to the expiry date if the consumer fails to remedy a material breach on his part, after having been placed on 20 business days terms to do so. Consumers should make use of the form contained in Annexure B of the Regulations when giving notice of early cancellation to a supplier."

I already gave my written cancellation notice on the 12th of January. Cartrack can’t held me accountable anymore since my contract is over 24 months already and the car that the tracker unit was installed in, is written off. And Cartrack can’t “show a demonstrable financial benefit” to me as a consumer anymore.

I will also be going to the Court of Small cases, to make sure Car Track will pay me back for Feb and March month’s debit order amounts.

Now you harassing and threating me to hand me over! This is nonsense!