Legal Query - BMJV INC ***

<p>We confirm our instructions that our client has purchased a vehicle on or about 18 December 2015 from a dealership situated in Kroonstad in the Free State Province.<br />During October 2016 our client noticed that a debit order was deducted from her account in favour of Cartrack where after same was disputed at her bank. During November 2016 the debit order repeated. Our client contacted your offices confirming that she had never concluded any agreement with Cartrack and that the debit orders must be cancelled.<br />On 3 November she received a sms which read as follows:<br />“Your Cartrack contract annual increase will take effect on 2016-12-18. Your new subscription fee is R141.90 Reg:DJ62RVGP call ********** 872 for queries.”<br />Subsequent to the above our client received several sms’s that her account is in arrears of which the latest was received on 23 January 2017, which read as follows:<br />“R399.9 SCHO00490 Urgently pay Cartrack to avoid Legal Action and Blacklisting. FNB Sandton City 254605 Acc ********** 6281. Lebo M ********** ”<br />We find it pecu**** that in the absence of any agreement with Cartrack (Pty) Limited that debit orders commenced during October 2016. We confirm that when our client contacted your offices, your offices could not confirm the type and make of our client’s vehicle, which raises further suspicions.<br />Clause 1.1 of the terms and conditions on Cartrack’s Website (accessed 24 January 2017) defines the<br />agreement and refers to a “Subscriber Application Form” which will be governed by the said Terms and<br />Conditions.<br />Our instructions are that our client has not concluded any agreement with Cartrack alternatively<br />completed any such Subscriber Application Form.<br />We therefore request that you provide our office with the signed agreement or Subscriber Application Form<br />and/or any recordings of conversations with our client, on which basis an agreement was concluded with<br />our client and wherefrom our client’s banking details were obtained in order to authorise a debit order.<br />Should we not receive the abovementioned information within 7 (SEVEN) days of receipt of this letter, we<br />will obtain instructions to approach the National Consumer Commission and/or any other relative authority.<br />We kindly further request your undertaking that no default will be listed against our client’s credit record<br />(blacklisting), otherwise our client will have no other remedy to urgently institute legal proceedings whereby<br />we will request legal costs on an attorney and client scale.<br />We urgently await your response.</p>