Contravention of the NCA

<p>On 9 January 2017, I signed a contract to purchase a BMW 1 series with both Nedbank MFC (Financier) and JC Auto (Seller) in Gezina Pretoria.</p> <p>The agreement between me and the seller was that I would take delivery of the car on Friday 13 January 2017, since BMW insurance and I requested that delivery should only take place when the two set of keys were handed over to me. The car at the point of sign-on had only one key.</p> <p>Due to unforeseen circumstances communicated to both the financier and seller, I could no longer continue with the sale. I sent a cancellation SMS to the seller on 12 January 2017 and the very next day (13 January 2017) I sent a cancellation email to the financier and the seller.</p> <p>Both the financier and the seller said I needed to speak to the dealer principle.</p> <p>I made an appointment and went to speak to the dealer principle and he said that I needed to pay R20 000 for him to cancel. I requested a confirmation of the breakdown for the R20 000 and to date i havent received the confirmation, instead I was threatened by the seller saying that if I don’t collect the car I will be charged R200 of storage per day.</p> <p>I lodged a formal complaint with the motor industry ombudsman and the complaint was closed since I had requested guidance from a certain attorney on drafting a sternly worded letter to both parties. The said letter was sent on 2 February 2017.</p> <p>On 17 February 2017, I requested a settlement letter with the expectation that it would reflect a zero balance since the matter should have been resolved and to my dismay it didn’t.</p> <p>On 25 February 2017, MFC *******ly debited my account for a car whose contract I had requested to be cancelled.</p> <p>As per the two contracts (Financier and Seller) that I signed, I have the right to cancel the agreement. In addition the NCA is very clear on this matter.</p> <p> </p> <p><br />Extract from the NCA:</p> <p>Part F</p> <p>Rescission and termination of credit agreements</p> <p>Consumer’s right to rescind credit agreement</p> <p>121.(1) This section applies only in respect of a lease or an instalment agreement 15 entered into at any location other than the registered business premises of the credit provider.</p> <p>(2) A consumer may terminate a credit agreement within five business days after the date on which the agreement was signed by the consumer,</p> <p>(a) delivering a notice in the prescribed manner to the credit provider; and 20</p> <p>(b) tendering the return of any money or goods, or paying in full for any services, received by the consumer in respect of the agreement.</p> <p>(3) When a credit agreement is terminated in terms of this section, the credit provider-</p> <p>(a) must refund any money the consumer has paid under the agreement within 25</p> <p>seven business days after the delivery of the notice to terminate; and</p> <p>(b) may require payment from the consumer</p> <p>(i) the reasonable cost of having any goods returned to the credit provider and restored to saleable condition; and</p> <p>a reasonable rent for the use of those goods for the time that the goods 30 were in the consumer’s possession, unless those goods are in their original packaging and it is apparent that they have remained unused.</p> <p> </p> <p>I demand that MFC cancel this contract and refund me the ******* installment deducted from my account.</p>