1 reviews | Active since Jul 2018
Pathetic
LETTER OF DEMAND AND NOTICE OF INTENTION TO INSTITUTE ACTION Dear Sirs/Mesdames,
1. Parties I, Emanuele Auctioneering (Pty) Ltd, am a consumer andclient of Cartrack Holdings Ltd (“Cartrack”), who has suffered financial loss and prejudice as a direct result of the company’s gross neglect, maladministration, and ******** conduct in the handling of my account.
2. Joint and Several Liability of the Board In terms of the Companies Act 71 of 2008, specifically section 76 (standards of directors’ conduct) and section 77 (liability of directors and prescribed officers), I hereby hold the directors and non-executive directors jointly and severally responsible for the acts and omissions of Cartrack’s representatives which amount to negligence, bad faith, and contraventions of statutory and contractual obligations.
3. Nature of the Claim The following acts give rise to my claim:
Overbilling for services not rendered, including charges raised after written notification was given of the sale and write-off of certain vehicles;
Failure to refund ********ly debited amounts, despite repeated demands and follow-ups;
Unjustified debits from my bank account, in breach of section 19 of the Consumer Protection Act 68 of 2008 (“CPA”) which prohibits suppliers from charging for unsolicited goods or services;
Failure to act with due care and skill, as required by section 54 of the CPA; and
Failure to implement effective internal controls and escalation measures, resulting in prolonged financial and personal prejudice.
4. Quantum of Claim
Overbilled amount: R6,506.00;
Time wasted in attempting resolution: 28 hours over a 42-month period (22 March 2022 – 15 September 2025), quantified at R350/hour = R9,800.00;
Total claim = R16,306.00 (Sixteen Thousand Three Hundred and Six Rand).
5. Legal Basis This demand is grounded in:
The Consumer Protection Act 68 of 2008 (sections 19, 54, 55, and 56);
The National Credit Act 34 of 2005, regarding ******** debit orders and unfair credit practices;
The Financial Sector Regulation Act 9 of 2017, insofar as fiduciary accountability is concerned; and
The Companies Act 71 of 2008 (sections 76–77), which renders directors jointly and severally liable for losses sustained by third parties due to reckless or grossly negligent conduct.
6. Demand Accordingly, I hereby demand:
Payment of the amount of R16,306.00 within 10 (ten) business days of receipt of this letter;
Written confirmation of cancellation of all billing linked to the disposed vehicles; and
A full written account of steps the Board has taken to ensure this gross negligence and mismanagement is not repeated.
7. Notice of Legal Proceedings Failing compliance, I will have no alternative but to institute proceedings in the Small Claims Court, without further notice, for recovery of the aforesaid amounts, together with such ancillary relief as the Court may deem just, including costs, interest, and reporting to the National Consumer Commission, the Companies and Intellectual Property Commission (CIPC), and other regulatory authorities.
8. Reservation of Rights This demand is issued without prejudice to any further rights and remedies available to me in law.
Thank you for making us aware of this issue. Please accept our apology for the inconvenience. We will investigate and are confident that this matter will be clarified.
Kind regards
The Cartrack Team
Thank you for making us aware of this issue. Please accept our apology for the inconvenience. We will investigate and are confident that this matter will be clarified.
Kind regards
The Cartrack Team
Ticket#*** numbers, upon ticket numbers upon ticket numbers and no resolution.
Ticket#*** numbers, upon ticket numbers upon ticket numbers and no resolution.
- Lodging a complaint with the Consumer Goods and Services Ombud and the National Consumer Commission;
- Referring the matter to the Financial Sector Conduct Authority; and
- Instituting proceedings in the appropriate court to recover all amounts overcharged, together with interest and costs.
- Lodging a complaint with the Consumer Goods and Services Ombud and the National Consumer Commission;
- Referring the matter to the Financial Sector Conduct Authority; and
- Instituting proceedings in the appropriate court to recover all amounts overcharged, together with interest and costs.
Before sending letters of demand!
Can Cartrack perhaps resolve my query and stop *****ing my money.
It's very simple
Provide penalty fees for:
KN53WGGP;
NP5111
KV24CHGP;
and reverse the billing from June to date.
Before sending letters of demand!
Can Cartrack perhaps resolve my query and stop *****ing my money.
It's very simple
Provide penalty fees for:
KN53WGGP;
NP5111
KV24CHGP;
and reverse the billing from June to date.
Dear Cartrack Customer Service Team,
I am writing to express my profound dissatisfaction and confusion regarding your recent email, which refers to the resolution of my query. This claim is perplexing, as Cartrack continues to bill me for services that I explicitly canceled on 09 September 2025.
I have repeatedly and unequivocally stated that I do not want, nor do I wish to receive, any services whatsoever from Cartrack. The level of service I have experienced has been nothing short of shocking and, frankly, traumatic. Despite extensive correspondence—now amounting to hundreds of pages on file—I remain subjected to an egregious lack of customer service. Furthermore, the unauthorized debiting of my bank account constitutes *****, as no valid mandate was provided for such actions.
I demand an immediate cessation of all billing, a full refund of any unauthorized charges debited since the cancellation date, and confirmation in writing that my account has been permanently closed with no further obligations. Should this matter not be resolved within, 7 business days], I will escalate it to the relevant regulatory authorities, including the National Consumer Commission, and pursue legal remedies as necessary.
Provide a detailed WRITTEN response addressing these issues without delay.
I will NOT enter into any TELEPHONIC discussions in this regard, to maintain the paper trail of the ***** case to opened with SAPS.
Yours sincerely,
List of Offenses Committed
Based on the details provided in your query, the following offenses appear to have been committed by Cartrack. Note that this is not legal advice, and you should consult a qualified attorney or consumer protection body for personalized guidance:
1. Unauthorized Debiting of Bank Account: Debiting funds without a valid mandate or authorization, which constitutes *****ulent activity and a breach of banking regulations.
2. Continued Billing After Cancellation: Persisting with charges for services explicitly canceled, indicating failure to process the cancellation request properly and potentially engaging in unfair billing practices.
3. Poor Customer Service and Unresolved Complaints:
Ignoring or inadequately addressing repeated complaints, leading to prolonged distress and inefficiency, which amounts to negligent or substandard service delivery.
4. *****ulent Misrepresentation:
Claiming query resolution in communications while continuing to bill, which could be seen as deceptive conduct intended to mislead the consumer.
5. Causing Emotional Distress:
Providing services described as "traumatic," potentially leading to claims of harassment or undue hardship through persistent unwanted contact and billing.
Legislation and Consumer Protection Rights Violated
The actions described likely violate several South African laws and consumer rights, primarily under the Consumer Protection Act (CPA) No. 68 of 2008, as well as other related statutes.
Key violations, substantiated by relevant legal frameworks (sourced from official South African government and consumer protection resources):
1. Consumer Protection Act (CPA) No. 68 of 2008:
Right to Fair and Responsible Marketing (Section 29). Violated by continuing to bill and communicate after explicit cancellation, which could be seen as aggressive or persistent marketing.
Right to Cancel Agreements (Section 14):
For fixed-term agreements, consumers have the right to cancel with notice, and suppliers must cease services and billing. Continued charges post-cancellation breach this.
Right to Fair, Just, and Reasonable Terms and Conditions (Section 48):
Unauthorized debits and failure to honor cancellation are unfair and unreasonable.
Right to Quality Service (Section 54):
The "shocking" and "traumatic" service experience violates the right to services performed in a timely, skilled, and safe manner without causing harm.
Prohibition on Unconscionable Conduct (Section 40):
Persistent billing and poor resolution of complaints could be deemed unconscionable, especially if it causes undue distress.
Right to Redress (Sections 69-70):
Failure to resolve complaints adequately denies the consumer's right to seek refunds, cancellations, or compensation through internal processes or tribunals.
2. National Credit Act (NCA) No. 34 of 2005 (if the service involved credit or debit orders):
Unauthorized Debit Orders (Section 124): Debiting without a valid authorization is prohibited, and such actions can be reversed with penalties for the creditor.
Reckless Credit or Over-Indebtedness:
If billing leads to financial strain, it may violate protections against exploitative practices.
3. Electronic Communications and Transactions Act (ECTA) No. 25 of 2002:
Electronic Mandates and Agreements (Sections 13-17):
Any electronic authorization for debits must be valid and verifiable. Unauthorized electronic debits violate requirements for consent and could be considered invalid transactions.
4. Protection of Personal Information Act (POPIA) No. 4 of 2013:
******** Processing of Personal Data (Sections 11 and 13):
Continued use of personal and banking information for billing after cancellation without consent breaches data protection principles, potentially leading to unauthorized data processing.
5. Common Law Offenses:
*****:
The unauthorized debiting of funds with intent to deceive or without right constitutes common law *****, which is a ******** offense under South African law.
Breach of Contract:
Failure to honor the cancellation terms violates the contractual agreement between the consumer and the service provider.
A complaint with the National Consumer Commission (NCC) and the Consumer Goods and Services Ombud (CGSO).
The *****, will be report to my bank for reversal under the Authenticated Collections (AC) system and to the South African Police Service (SAPS).
Regards
Dear Cartrack Customer Service Team,
I am writing to express my profound dissatisfaction and confusion regarding your recent email, which refers to the resolution of my query. This claim is perplexing, as Cartrack continues to bill me for services that I explicitly canceled on 09 September 2025.
I have repeatedly and unequivocally stated that I do not want, nor do I wish to receive, any services whatsoever from Cartrack. The level of service I have experienced has been nothing short of shocking and, frankly, traumatic. Despite extensive correspondence—now amounting to hundreds of pages on file—I remain subjected to an egregious lack of customer service. Furthermore, the unauthorized debiting of my bank account constitutes *****, as no valid mandate was provided for such actions.
I demand an immediate cessation of all billing, a full refund of any unauthorized charges debited since the cancellation date, and confirmation in writing that my account has been permanently closed with no further obligations. Should this matter not be resolved within, 7 business days], I will escalate it to the relevant regulatory authorities, including the National Consumer Commission, and pursue legal remedies as necessary.
Provide a detailed WRITTEN response addressing these issues without delay.
I will NOT enter into any TELEPHONIC discussions in this regard, to maintain the paper trail of the ***** case to opened with SAPS.
Yours sincerely,
List of Offenses Committed
Based on the details provided in your query, the following offenses appear to have been committed by Cartrack. Note that this is not legal advice, and you should consult a qualified attorney or consumer protection body for personalized guidance:
1. Unauthorized Debiting of Bank Account: Debiting funds without a valid mandate or authorization, which constitutes *****ulent activity and a breach of banking regulations.
2. Continued Billing After Cancellation: Persisting with charges for services explicitly canceled, indicating failure to process the cancellation request properly and potentially engaging in unfair billing practices.
3. Poor Customer Service and Unresolved Complaints:
Ignoring or inadequately addressing repeated complaints, leading to prolonged distress and inefficiency, which amounts to negligent or substandard service delivery.
4. *****ulent Misrepresentation:
Claiming query resolution in communications while continuing to bill, which could be seen as deceptive conduct intended to mislead the consumer.
5. Causing Emotional Distress:
Providing services described as "traumatic," potentially leading to claims of harassment or undue hardship through persistent unwanted contact and billing.
Legislation and Consumer Protection Rights Violated
The actions described likely violate several South African laws and consumer rights, primarily under the Consumer Protection Act (CPA) No. 68 of 2008, as well as other related statutes.
Key violations, substantiated by relevant legal frameworks (sourced from official South African government and consumer protection resources):
1. Consumer Protection Act (CPA) No. 68 of 2008:
Right to Fair and Responsible Marketing (Section 29). Violated by continuing to bill and communicate after explicit cancellation, which could be seen as aggressive or persistent marketing.
Right to Cancel Agreements (Section 14):
For fixed-term agreements, consumers have the right to cancel with notice, and suppliers must cease services and billing. Continued charges post-cancellation breach this.
Right to Fair, Just, and Reasonable Terms and Conditions (Section 48):
Unauthorized debits and failure to honor cancellation are unfair and unreasonable.
Right to Quality Service (Section 54):
The "shocking" and "traumatic" service experience violates the right to services performed in a timely, skilled, and safe manner without causing harm.
Prohibition on Unconscionable Conduct (Section 40):
Persistent billing and poor resolution of complaints could be deemed unconscionable, especially if it causes undue distress.
Right to Redress (Sections 69-70):
Failure to resolve complaints adequately denies the consumer's right to seek refunds, cancellations, or compensation through internal processes or tribunals.
2. National Credit Act (NCA) No. 34 of 2005 (if the service involved credit or debit orders):
Unauthorized Debit Orders (Section 124): Debiting without a valid authorization is prohibited, and such actions can be reversed with penalties for the creditor.
Reckless Credit or Over-Indebtedness:
If billing leads to financial strain, it may violate protections against exploitative practices.
3. Electronic Communications and Transactions Act (ECTA) No. 25 of 2002:
Electronic Mandates and Agreements (Sections 13-17):
Any electronic authorization for debits must be valid and verifiable. Unauthorized electronic debits violate requirements for consent and could be considered invalid transactions.
4. Protection of Personal Information Act (POPIA) No. 4 of 2013:
******** Processing of Personal Data (Sections 11 and 13):
Continued use of personal and banking information for billing after cancellation without consent breaches data protection principles, potentially leading to unauthorized data processing.
5. Common Law Offenses:
*****:
The unauthorized debiting of funds with intent to deceive or without right constitutes common law *****, which is a ******** offense under South African law.
Breach of Contract:
Failure to honor the cancellation terms violates the contractual agreement between the consumer and the service provider.
A complaint with the National Consumer Commission (NCC) and the Consumer Goods and Services Ombud (CGSO).
The *****, will be report to my bank for reversal under the Authenticated Collections (AC) system and to the South African Police Service (SAPS).
Regards
