Knowingly sold me a defective vehicle

• I paid cash and took delivery of the Hyundai Creta on 31st May 2017.

• On collection of the vehicle, it was noted with the sales lady that there were stone chips on the bonnet and front of the vehicle, there was a chip in the windscreen, there was accident damage on the front fender, and general all round scratches. As well as bubbles in the window tinting.

• On driving the vehicle home, the reverse camera had ‘static rolling’ in which the picture rolled. I reported this to the same sales lady who said she knew about this fault. This was never disclosed to me before purchasing the vehicle.

• Vehicle was then booked into the workshop for repairs in early June 2017. Hyundai had the vehicle for close on 2 weeks.

• The issue of the ‘static scrolling’ reverse camera was not resolved, I informed the sales lady again of this who said it was a fault and that Hyundai were aware of this problem with the Creta models.

• The USB has an intermittent fault, it will switch off and shut down the whole on board computer. This was reported to Donna as well who acknowledged it has happened before and suggested I report it to the service team when the vehicle goes in for its first service.

• Vehicle booked in for first service on the 2nd August 2017 and I informed the service consultant of the intermittent on-board computer issues.

• The day after the service, 3rd August 2017, the vehicles ‘service interval’ warning continued to show on starting of the vehicle. This was reported to the service consultant. The technician spoke me through how to reset the warning light but it did not work to resolve the issue, I had to book the vehicle in again for the service department to have a look and rectify it.

• The vehicle was then booked into the service department once again to have the on-board computer and service interval issues rectified.

• The problems continued and numerous attempts were made to try get hold of the Dealer principal, as we now wanted to return the defective vehicle as Hyundai could not resolve them after so many months.

• Messages were left for the dealer principal to make contact with us regarding our problems – he did not return those calls/messages.

• The service manager made contact and booked a time to come to the office and do yet another software upgrade on the vehicle on or around the 19th October 2017. We discussed the grievances we had with the ongoing issues and informed him that should it not be rectified this time, we would be returning the vehicle according to the Consumer Protection Act. He agreed we were within our rights to do so should the issues not be resolved after so many attempts by Hyundai.

• The intermittent software problem with the USB remains, we were advised to try another USB, which we have done and this has not resolved the issue.

• A new fault surfaced, the average consumption on the dashboard intermittently switches off and shows ‘--l/km’ and then changes to ‘20l/km’ for example. It will do this for a trip and then stop.

• On the morning of the 30th November 2017, again the USB switched off mid song, and turned the radio off to then restart and not see/read the USB.

• This vehicle is under warranty, problems were known by Hyundai before purchasing and never disclosed to us I have been more than reasonable and inconvenienced with the amount of problems and Hyundai has had many opportunities to rectify the issues which they seem to be unable to do.

• I sent an email to the dealer principal, the service manager as well as Hyundai Customer Care exercising my rights to return the vehicle on the morning of the 30th November 2017 notifying Hyundai. This is the same day I returned the vehicle to the service manager as the dealer principal would not see us. I stated the vehicle was being returned according to the CPA for the reasons set out in my earlier email. The receipt of my handing the vehicle over to Hyundai Pinetown says “as per email”.

• On the 5th December 2047 I emailed the dealer principal, the service manager as well as Hyundai Customer Care, informing them that no-one had made any contact with me regarding me exercising my rights to return the defective vehicle and that I would like a refund paid into my account by close of business 8th December 2017.

• The service manager then returned email and said on their diagnostics they could not find any fault with the vehicle and that I should go on a test drive with them to assist in the fault finding.

• In return email, also on the 5th December 2017, I declined the service managers offer and clarified to him that I had exercised my rights to return the defective vehicle as it has been intermittent since day 1 of collecting the vehicle as well as that Hyundai has attempted to rectify these issues on numerous occasions and failed to do so and I have been more than reasonable and inconvenienced during this timeous process over the past 6 months.

• On the 6th December 2017, I received another email from a staff member of Hyubdai who stated that nothing was wrong with the vehicle and that the vehicle was ready for collection at Hyundai Pinetown and that if not collected I would be incurring storage fees. It was stated that the outcome of the diagnoses run by Hyundai there were no defects and that there was no refund liable to me.

• On return email, I denied any liability for storage and reserved my rights.

• The dealer prinicipal finally decided to make contact with me by return email and threatened that Hyundai Pinetown undertake and accept no liability for the vehicle parked at Hyundai Pinetown and also threatened that he had contacted the bank to collect the vehicle in question. I am the title holder of the vehicle as I paid cash so I am unsure who he has instructed to collect the said vehicle.

• Still on the 6th December 2017, I retured the dealer principals email and stated that the bank was not the title holder of the vehicle The bank is not the title holder of the above mentioned vehicle, and that his/Hyundai's conduct is at their own risk considering I have exercised my rights to return the defective vehicle. • As can be seen, I have been more than reasonable with Hyundai. I have tried to resolve the issue by allowing them numerous opportunities to rectify the issues and now when exercising my rights they have simply refused and further threatened to expos the car to harm, once again inconveniencing me as the consumer. I am unable to purchase another vehicle without the refund due to me as well as am unable to sell on a knowingly defective vehicle which they did to me.