Kia Pinetown- refusal to take back vehicle from unsatified customer

1. On or about 10 September 2018, I attended to make an application for finance in respect of a the vehicle to be purchased from Kia Picanto.

2. The aforementioned Finance application was accepted by MFC and the branch manager from KIA PINETOWN contacted me telephonically to explain my monthly instalments of R3129 (Three thousand one hundred and twenty nine rand).

3. At this stage, there has been no discussion in respect of the model of the vehicle in question, nor was there any discussion with regard to the features of the vehicle. The only confirmation received at this point, was the colour of the vehicle beingwhite. (10 September 2018.)

4. The dealership enquired as to the date I would like to collect the vehicle whereafter it was agreed that Wednesday 12 September 2018 was suitable. At this stage there has still been no discussion in respect of the model of the vehicle as well as the features. 5. At not stage was I offered a test drive or given the opportunity to view the vehicle prior to the purchase of same. The Salesman at the dealership who dealt with this matter was Kamil. His full and further particulars are unknown to me at this stage. 6. On or about 12 September 2018 and at 13h20 I attended on the KIA PINETOWN dealership. I was greeted at reception and then sat down with Kamil the salesman.

7. Whilst at the dealership, I decided to look at another vehicle on their showroom floor (not the purchased vehicle but rather a silver Kia Picanto). I point out at this stagae, that no sales person assisted me whilst viewing the said vehicle nor did I receive any feedback on the said vehicle. 8. Kamil, the salesman, proceeded to ask if I had brought all of the original documents required. Same had previously been sent via electronic mail (3 x payslips, 3 x bank statements, proof of current address, copy of ID book and copy of drivers license). 9. Kamil claimed he has sent me an electronic mail requesting that I provide the necessary original documents. I note that at no stage was I made aware that I was required to bring the original documents with me to the appointment. This was extremely frustrating as I had taken time off work for this meeting.

10. I advise at this stage, that at this stage, Kamil had still not offerred to show me the vehicle I would be purchasing or the features thereof. 11. Kamil, the aforementioned salesman spoke with the finance manager named Navi, who then advised that I could sign the electronic documentation in the mean time and that Kamil could pick up all my original documentation from my place of work the next day.

12. All documentation signed during this time is attached to this statement for your ease of reference.

13. I note that the attached signed documentation was signed and accepted by Kamil despite only having had sight of my driver’s license and no other original documentation or insurance confirmation letter on the vehicle which insurance confirmation was only received one 13 September 2018. 14. After having signed all of the documents electronically, I left the finance managers office. Kamil had at this point still not shown me the vehicle or run through any features of the model that I would be purchasing. 15. Kia Pinetown had made no attempt to contact me after I left there offices. I had to call/email on the morning of Thursday 13 September 2018 to make arrangements for the collection of my original documentation as described in paragraoh 11 hereinbefore. It was thereafter confirmed that such collection would take place at my place of work being at 218 Mathews Meyiwe Road, Greyville at 09h00.

16. I thereafter received an email from Kamil to request that I send through confirmation of insurance for the vehicle from my insurer. (First for Women). The following was only app**** for that morning 13 September 2018. 17. Despite the appointment time that had been arranged, Kamil only arrived at 09h23. I received a phonecall to say he was outside my office block, which is where I went to meet him.

18. The necessary documents were handed over to Kamil. Such documents included; 3x payslips, 3 x bank statements, original ID booklet, lease agreement in respect of proof of address and the confirmation letter from my insurer for the vehicle. 19. At this point while Kamil was still with me outside my office block, that I requested that the vehicle be delivered to my office as opposed to me travelling to Pinetown again. He advised that he would attend to deliver the vehcile at 14h00 that day. I had at this stage that I would confirm the delivery time with him. 20. At 12h23 I had heard no news from Kamil on the vehicle so I attended to send him an sms to ask if the vehicle could be dropped of at the suggested time, to which he agreed. 21. At 14h00, the car arrived in the ba*****t of my office block. Another salesman was driving the vehicle, he parked it in my allocated parking bay. Kamil jumped out of his car, greeted and congratulated me on the car. Presented me with papers to sign, he just pointed and said “sign here, here and here.” No explanation was given of what I was signing just that it was for his records. No copy of the documents signed were provided to me either. 22. Kamil advised that my licensing would arrive in the next few days and thereafter got back in his car. The second salesman (whose name is unknown) locked the delivered vehicle and got into Kamils car.

23. It was at this stage that I noticed was that the car only locked by inserting the key in the door and not remotely. 24. I then proceeded to inspect the vehicle further, noticing that the vehicle did not come with and alarm system or a remote for the car to lock.

25. Further, I note, that this vehicle is an entry level vehicle and for the price I was quoted and accepted to pay it made no sense that the vehicle did not even come with an alarm or remote to control central locking which in today’s day and age is a standard feature. 26. Upset and feeling deflated and conned for my first time purchase of a new vehicle I contacted kamil telephonically at 15h31 on that same day of delivery being 13 September 2018. 27. Firstly I questioned how I was paying so much for an entry level vehicle with no benefits when the next model up has a R10000 difference in retail price and better safety features and added accessories.

28. I informed Kamil that I was not happy with the product and services received, and that I wanted to return the vehicle and cancel the agreement, alternatively come to an arrangement where the issue with the vehicle could be resolved. He advisd that he would speak to his manager. 29. By 16h30 that same day Kamil has still not contacted me back nor had I heard any news back from the dealership. 30. I phoned the dealership and asked to speak to the manager Daniella.

31. She advised that she had been in a meeting with Kamil. I explained my frustrations and she advised she would call me back within ten minutes to enable her to speak to her manager named Gary. 32. At 17h11 I received a phonecall back from Daniella who then proceeded to tell me that I cannot return the vehicle as there was no “cooling down period” due to having signed the financial agreement on the premises of KIA PINETOWN. No other alternatives were given to me and I was told that the deal is done and that my license was already in process for the vehicle.

33. I advised Daniella that this was unacceptable, and that I would proceed to seek legal advise.

34. I am appauled by the level of service and goods delivered by Kia Pinetown.

35. The lack of customer service for a first time buyer and total disregard for the Consumer Protection Act and National Credit Act needs to be investigated.

36. I verily believe that it is my right to terminate the agreement I I am unsatified with the inferior goods and services received.