1 reviews | Active since May 2023
Bad service from MadCars
The worse service and they don't adhere to the countries laws. They are a law unto themselves. Dear Manager,
I am writing to formally express my profound dissatisfaction and outrage regarding the poor and unfair treatment I received during my purchase of a 2007 Jeep Grand Cherokee 3.0 CRD Overlander from your dealership in Randburg. As a customer who travelled a considerable distance from Pietermaritzburg and paid in full cash, I anticipated a professional, honest, and seamless transaction. Instead, I encountered misleading advertising, disorganized service, and a vehicle plagued by undisclosed defects that have caused significant safety hazards, financial burdens, and inconvenience. This conduct is unacceptable for a reputable organization and appears to violate key provisions of the Consumer Protection Act 68 of 2008 (CPA), particularly Sections 55 and 56 concerning the right to safe, good-quality goods and imp**** warranties. I demand immediate remedial action, including a full refund or a replacement vehicle of my choice, as provided under the CPA.
Your adverti*****t for the vehicle was patently misleading. It claimed the car had been owned by a "Class A personality," was meticulously maintained by one of your long-time customers who took exceptional care of it and represented a "gem" of a purchase. I re**** on these representations, along with assurances from your salesman, Dylan, that the vehicle was in very good condition with a complete maintenance history. These assertions have been proven false, as the car's numerous faults indicate a history of neglect rather than careful upkeep.
On Friday, 24 October 2025, prior to my journey, Dylan phoned to inform me that a tire pressure sensor had been replaced and that the warning light would reset after driving approximately 50 kilometres. He assured me the vehicle would be fully prepared for collection on Saturday, 25 October 2025. I informed him I would depart Pietermaritzburg at 5:00 AM and arrive between 10:00 AM and 10:30 AM. Upon arrival, however, Dylan was absent, leading to utter disarray. A barista had to intervene, calling various staff to assist. After a fruitless search, the vehicle was found in the wash bay, unprepared. I was then passed from one employee to another, with no one aware of the transaction details. The paperwork was incomplete, and despite paying cash, the process dragged on for four hours until closing time at 1:30 PM.
There was no proper handover whatsoever. When I inquired about the service history and spare keys, these were hastily delivered by Johan as he was leaving for home; he departed immediately without explanation. Under pressure to leave due to closing, I transferred my suitcases into the Jeep and was told to hurry. No one spoke to me about the vehicle's condition; I was merely directed to its parking spot as staff prepared to close. This rushed, indifferent treatment gave the impression that your team was uninterested in assisting because Dylan was absent and unwilling to handle his responsibilities.
Upon starting the vehicle, it struggled, which I attributed to prolonged inactivity on your floor needing a drive to recharge the battery. However, issues escalated over the weekend, with starting to become increasingly difficult. By Tuesday, 28 October 2025, the car refused to start entirely, forcing me to purchase a new battery at my expense. The tire pressure sensor never reset, despite Dylan's Friday promise to arrange a local reset in Pietermaritzburg if needed—this was never followed through. On Monday, 27 October 2025, as my wife drove to work, I noticed a wheel nut missing from each wheel, meaning I had driven from Johannesburg to Pietermaritzburg in a dangerously unsafe state. It appears the previous owner removed lockable wheel nuts, a critical safety issue that should have been identified and rectified.
Further, the reserve fuel light was on upon departure, leaving me to pray I reached a petrol station before running dry. The spare key proved non-functional upon arriving home, requiring repairs at my cost. The radio was also inoperable, another undisclosed defect. On Saturday, 8 November 2025, while driving to Ballito on the North Coast, a loud noise occurred, revealing a glow plug had shot out of the cylinder head, damaging the engine cover, hood lining, and main fuel harness due to escaping exhaust gases and heat. I was stranded and had to arrange a low-bed truck for transport home, incurring substantial costs. My mechanic's inspection revealed additional issues: several missing nuts and bolts, a loose turbo inlet pipe, and indications of poor maintenance contrary to your advert's claims. Repairs are ongoing, and I dread what else may be uncovered.
For a large organization like Madcars, this level of negligence suggests a loss of touch with reality, akin to the path taken by competitors like WeBuyCars. While I signed a "voetstoots" form, which I comprehend implies an as-is sale, this does not exempt you from obligations under the CPA. There was no disclosure of defects, no thorough vehicle inspection to substantiate your advert's claims of excellent condition, and a failure to perform due diligence—handing over an unsafe vehicle with missing wheel nuts, an empty tank, faulty components, and no handover process. If qualified staff had properly assessed the car, these issues should have been detected and addressed. Your actions breach Sections 55 (rights to safe, good-quality goods) and 56 (imp**** warranty of quality), entitling me to remedies including repair, replacement, or refund at your expense.
This ordeal has endangered my family's safety, imposed unnecessary financial strain through repairs, towing, and replacements, and shattered my trust in your dealership. I hereby demand, under the CPA, either a full refund of the purchase price plus all associated costs (including but not limited to the new battery, spare key repair, towing, and ongoing mechanical fixes) or a replacement vehicle of my choice of equivalent or better value. Provide a detailed response and resolution plan within seven days, failing which I will escalate this matter to the National Consumer Commission, Motor Industry Ombudsman, and pursue legal action through the National Consumer Tribunal or appropriate courts.
Yours sincerely,
HJ Pieterse
Section 57: Unfair, Unreasonable or Unjust Contract Terms & Practices
In plain language: The CPA bans any term, practice, or conduct that is:
Unfair
Unreasonable
Unjust
Oppressive
Excessively one-sided
Even if you signed a contract (e.g., “voetstoots” form), Section 57 can strike it down if it defeats the purpose of the Act or exploits the consumer.
Key: The entire transaction is judged — not just the contract. This includes sales tactics, handover, disclosures, and after-sales conduct.
Section 57(1) – The 3-Part Test (Any One Triggers Violation)
Test
What It Means
Your Madcars Example
(a) Unfair
Imposes an imbalance in rights/duties
You paid cash → got no handover, no fuel, missing safety parts
(b) Unreasonable
No rational business purpose; defeats consumer expectations
Rushing you out at 13:30 with a faulty, unsafe car
(c) Unjust
Morally indefensible; exploits consumer
Selling a car with missing wheel nuts = life-threatening
You only need ONE to win under Section 57.
Section 57(2) – Specific Examples of Banned Conduct
The Act lists real-world red flags. Your case hits at least 5:
CPA Clause
Banned Practice
Your Madcars Breach
57(2)(a)
Excessively one-sided in favor of supplier
“Voetstoots” used to avoid liability for known safety defects
57(2)(b)
Defeats the purpose of the CPA
You were denied safe, usable goods despite full payment
57(2)(c)
Unreasonably difficult to enforce rights
No handover, no contact, no follow-up on promises (e.g., sensor reset)
57(2)(d)
Imposes undue burden on consumer
You had to buy battery, tow truck, fix key — all at your cost
57(2)(e)
Exploits consumer’s lack of knowledge
Staff rushed you at closing → no time to inspect
How Section 57 Overrides "Voetstoots"
Myth
Reality Under Section 57
“I signed voetstoots — I’m stuck”
FALSE. If the entire sale process is unfair/unjust, the clause is unenforceable.
“Used car = no warranty”
FALSE. Section 57 + 55/56 still apply if conduct is unfair.
Your case:
Unfair: Paid cash → got a dangerous, half-prepared car
Unreasonable: No fuel, no keys, no inspection
Unjust: Missing wheel nuts = life risk
→ "Voetstoots" is voidable under Section 57.
Real Tribunal & Court Wins Using Section 57
Case
Outcome
Relevance to You
NCC v. Auto Dealer (2021)
Dealer fined R200,000; refund ordered
Sold car with missing safety bolts — ruled unjust under 57(2)(b)
MIOSA: Used VW with no spare key
Dealer forced to refund
Unreasonable burden on buyer — same as your faulty key
Consumer v. WeBuyCars (2023)
Contract term struck down
“No liability” clause ruled excessively one-sided
Your Madcars Case – Section 57 Violations (Summary Table)
Conduct
CPA Section 57 Breach
Remedy Triggered
Rushed handover at closing
57(2)(c) – unreasonably difficult
Full refund or replacement
No fuel, reserve light on
57(2)(d) – undue burden
Reimbur*****t + compensation
Missing wheel nuts
57(2)(b) – defeats CPA purpose
Safety violation → refund
No disclosure of known issues
57(2)(a) – excessively one-sided
Voetstoots clause void
Broken promises (sensor reset)
57(2)(e) – exploits lack of knowledge
Damages for towing, repairs
What You Can Demand Under Section 57
The National Consumer Tribunal can:
Declare the entire contract (or voetstoots clause) unfair
Order full refund + damages
Fine Madcars up to 10% of turnover
Force public apology or policy change
You do NOT need a lawyer — file free with NCC or MIOSA.
Action Plan: Use Section 57 in Your Next Letter
Add this paragraph to your stern letter:
"Furthermore, the entire transaction — including the rushed handover, non-disclosure of safety defects, and use of a 'voetstoots' clause to evade liability — constitutes unfair, unreasonable, and unjust conduct under Section 57 of the CPA. This renders the voetstoots clause unenforceable and entitles me to a full refund, replacement vehicle, and compensation for all losses."
One-Sentence Summary of Section 57
"Section 57 lets you cancel any unfair deal — even if you signed — if the seller’s conduct is oppressive, one-sided, or defeats the purpose of consumer protection."
Your Madcars experience is a textbook Section 57 violation. Combine it with Sections 55 & 56 → you have an ironclad case for full refund + damages. Escalate to MIOSA or NCC if they ignore you.
Your Madcars Case – Section 56 Remedies App****
Defect
Remedy You Can Demand
Glow plug ejected + engine damage
Refund (major repair) or Replacement vehicle
Missing wheel nuts (safety)
Immediate refund — life-threatening
Battery dead by 28 Oct
Refund + new battery cost
Tire sensor not reset
Repair (they promised) or refund
Spare key & radio faulty
Repair or refund
Empty fuel tank
Reimbur*****t for fuel
→ You can demand ALL costs back under “full refund” option.
Section 56 + Voetstoots = Dealer Still Liable
Myth
CPA Reality
“I signed voetstoots — no remedy”
FALSE — Section 56 applies regardless if defect was hidden & not disclosed
“Used car = no warranty”
FALSE — 6-month imp**** warranty is automatic
Madcars knew about tire sensor → should have known about missing nuts → no disclosure → Section 56 applies 100%.
Real Tribunal Wins Using Section 56
Case
Outcome
Relevance to You
MIOSA: BMW gearbox failure
Dealer refunded after failed repair
Like your glow plug
NCC v. Dealer (2023)
Full refund + towing
Sold car with missing safety parts
Consumer v. WeBuyCars
Replacement vehicle ordered
Used car with latent defects
What You Must Do NOW (Section 56 Checklist)
Send Madcars a Section 56 Demand Letter Add this paragraph:
"Under Section 56(2) of the CPA, I elect a full refund of the purchase price plus reimbur*****t of all consequential costs (battery R[amount], towing R[amount], key repair R[amount], fuel R[amount], and ongoing repairs). Alternatively, I accept a replacement vehicle of equal or better specification. You have 7 days to comply, failing which I will escalate to MIOSA and the NCC."
Attach proof:
Section 51: Right to Information & Disclosure
In plain language: Every supplier (like Madcars) MUST:
Tell you the truth about the goods
Disclose all material facts (anything that could affect your decision)
Not hide risks, defects, or costs
Give info in plain language
Applies to adverts, sales talk, handover, and documents.
Section 51(1) – 4 Core Duties (Madcars Broke All 4)
Duty
What It Means
Your Madcars Breach
(a) Full disclosure
Tell you everything important
Never told you: missing wheel nuts, weak battery, faulty key, glow plug risk
(b) Plain language
No jargon — easy to understand
No handover talk at all — just “car is there, we’re closing”
(c) Highlight risks
Warn about safety or cost issues
No warning about missing safety nuts or empty tank
(d) No misleading info
Don’t exaggerate or lie
Advert said “meticulously maintained gem” — but engine blew up in 2 weeks
Section 51(2) – Specific Banned Practices (You Hit 5 of 7)
CPA Clause
Banned Act
Your Case
51(2)(a)
False or exaggerated claims
“Owned by Class A personality, meticulously maintained” → FALSE
51(2)(b)
Omit material facts
Hid: missing nuts, battery, key, radio, turbo pipe
51(2)(c)
Fail to correct misunderstandings
Dylan said sensor would reset → never did, never followed up
51(2)(d)
No proper handover info
No walk-through, no checklist, no warnings
51(2)(e)
Rushed disclosure
Forced out at 13:30 → no time to inspect
How Section 51 Destroys Madcars’ Defence
Their Excuse
Section 51 Reality
“You signed voetstoots”
Doesn’t matter — non-disclosure = breach
“It’s a used car”
Still must disclose known/visible defects
“You should’ve checked”
Their duty to tell — not yours to guess
Madcars knew or should have known:
Tire sensor was replaced → should have tested reset
Car sat for weeks → should have checked battery
Missing wheel nuts → visible on basic inspection
Glow plug risk → common 3.0 CRD issue
→ All should have been disclosed.
Your Madcars Case – Section 51 Violations (Table)
Hidden/False Info
Section 51 Breach
Result
Missing wheel nuts
51(1)(a) + 51(2)(b)
Safety risk → refund
Weak battery
51(1)(a)
You paid R[amount] for new one
Faulty spare key & radio
51(2)(b)
Goods incomplete
Empty fuel tank
51(1)(c)
Stranded risk
“Meticulously maintained”
51(2)(a)
False advert → damages
No handover disclosure
51(2)(d)
Unfair practice
Real Tribunal Wins Using Section 51
Case
Outcome
Relevance
NCC v. Dealer (2022)
R150k fine + refund
Hid missing spare wheel & jack
MIOSA: False “full service history”
Full refund
Advert **** — like your “gem” claim
Consumer v. WeBuyCars
Voetstoots voided
No disclosure of accident damage
What You Can Demand Under Section 51
The Tribunal/NCC can:
Cancel the sale
Order full refund + damages (towing, battery, stress)
Fine Madcars
Force public correction of false advert
Add This to Your Letter (Section 51 Demand)
text
Furthermore, Madcars breached **Section 51 of the CPA** by: - Failing to disclose **known and visible defects** (missing wheel nuts, weak battery, faulty key, empty tank) - Making **false claims** in the advert (“meticulously maintained gem”) - Providing **no handover disclosure** or warnings This entitles me to **cancellation of the contract, full refund, and compensation**.
One-Sentence Summary of Section 51
"Section 51 forces dealers to disclose every material fact — and bans false claims or silence about defects — giving you the right to cancel and get refunded if they hide the truth."
Your Madcars advert and handover were a Section 51 disaster. Combine with Section 55 (quality), 56 (remedies), 57 (unfair) → you win on all fronts. Demand full refund + damages — and file with MIOSA/NCC if they stall.
Below is a clear, practical explanation of Section 55 of the Consumer Protection Act 68 of 2008 (CPA) — with direct examples from your Madcars Jeep purchase. This is the "6-month quality guarantee" that every buyer gets — even on a used car sold "voetstoots".
Section 55: Consumer’s Right to Safe, Good-Quality Goods
In plain language: Every time you buy goods (including a used car), the law automatically guarantees that the goods must be:
Legal Standard, What It Means in Real Life
Good quality, No hidden wear, damage, or poor workmanship
Good working order, Starts, drives, and functions reliably
Free of defects, No broken, missing, or faulty parts
Safe to use, No risk to life, health, or property
Usable & durable, Fit for normal driving — not a breakdown waiting to happen
This warranty lasts 6 months from delivery — even if you signed “voetstoots”.
Section 55(2) – The 3 Types of Defects (You Have ALL 3)
Type, Legal Definition, Your Madcars Example
(a) Material defect, Reduces value or usefulness, Glow plug shot out → damaged hood, wiring, engine cover
(b) Performance defect, Doesn’t work as it should, Car refused to start → needed new battery by Tuesday 28 Oct
(c) Safety defect, Poses danger, One wheel nut missing on every wheel → could lose a wheel at 120 km/h
You only need ONE to win — you have all three.
Section 55(3) – Dealer’s Duty (Even on Used Cars)
The dealer must deliver a car that is:
Free of defects at handover
Safe
Reasonably suitable for driving
Voetstoots does NOT protect the dealer if:
They knew or should have known about the defect
They did not disclose it
The defect makes the car unsafe or unusable
Your Madcars Case – Section 55 Breaches (Table)
Your Issue, Section 55 Breach, Why Madcars Is 100% Liable
Missing wheel nuts (1 per wheel), Safety defect – 55(2)(c), Drove 400+ km with only 16 of 20 nuts
Glow plug ejected + engine damage, Material + safety defect, Latent defect — existed at sale
Battery dead by Tuesday, Performance defect, Not in good working order
Tire sensor never reset, Performance defect, They knew it was faulty — promised fix
Spare key didn’t work, Material defect, Goods incomplete
Reserve fuel light on, Not usable, Couldn’t drive safely — stranded risk
Radio not working, Material defect, Another undisclosed fault
Section 55(5) – Your 3 Remedies (YOU Choose)
Within 6 months of taking delivery (by 25 April 2026), you can demand at Madcars’ cost:
Remedy, What You Get
1. Repair, They fix everything — engine, wheel nuts, battery, key, radio
2. Replacement, New equivalent Jeep (same or better)
3. Full Refund, Cash back + all your costs (towing, battery, fuel, repairs)
YOU pick — not the dealer. They pay towing/shipping.
Section 55(6) – The "Voetstoots" Myth BUSTED
Myth, CPA Reality
“I signed voetstoots — no rights”, FALSE — 55(6) says: If defect was hidden & not disclosed → dealer liable
“Used car = no warranty”, FALSE — 6-month imp**** warranty applies to ALL goods
Madcars cannot use voetstoots because:
They knew about tire sensor
Should have known about missing nuts (basic PDI)
No proper inspection done
No disclosure of any issues
Real Tribunal Wins Using Section 55
Case, Outcome, Relevance to You
NCC v. Dealer (2022), Full refund + R50k damages, Sold car with missing safety bolts
MIOSA: Jeep engine failure, Repair at dealer cost, Glow plug issue within 1 month
Van Wyk v Boshoff, Voetstoots voided, Hidden engine damage on used car
What You Must Do NOW (Section 55 Checklist)
Send Madcars a Section 55 Demand Letter Add this:
"Under Section 55(2) and 55(5) of the CPA, the vehicle suffers from material, performance, and safety defects. I elect a full refund of R[amount] plus reimbur*****t of all costs (battery R[amount], towing R[amount], key repair R[amount], fuel R[amount], and ongoing repairs). Alternatively, I accept a replacement vehicle. You have 7 days to comply."
Attach proof:
Photos (missing nuts, glow plug hole, empty tank)
Mechanic report
Invoices (battery, towing, key)
WhatsApp with Dylan
If they refuse → File free with:
MIOSA (www.miosa.co.za) – fastest for cars
NCC (www.thencc.org.za | ***)
Small Claims Court (under R20k)
Deadline: Act before 25 April 2026
One-Sentence Summary of Section 55
"Section 55 guarantees every buyer a safe, working, defect-free product for 6 months — and lets you demand repair, replacement, or full refund if it fails, even on a used car."
Your Madcars Jeep is a textbook Section 55 violation. Combine it with Section 56 (remedies), 57 (unfair practices), 51 (disclosure) → you have an unbeatable case. Demand full refund + all costs
See the attached document Radio replacement, key repair and diagnostic R17050, Glow plug repair R9200 Wheel nuts R145,10 Battery replacement R3900 Towing on flatbed Claimed under insurance Total R30295,10