Poor Service Delivery

CASE ***(Motor Industry Ombudsman of South Africa)

On the 12 April 2019 I have bought a car at Raventon dealership at Fourways and when I bought a car it was that it must a Nissan juke with less than 100 000 KM reading not less than 2012 model, service record and MORE IMPORTANTLY THE CAR MUST HAVE NEVER BEEN INVOLVED ON AN ACCIDENT. Apparently I was assured that the car was never involved in an accident but when I took it I noticed that the engine warning light and the passenger airbag light were active and the radio was not playing and I immediately alerted the dealer and the same day 12th April 2019 and I was told I can bring the car back so that they can check. The car that I bought was Nissan Juke Accent 1.6 2012 Model with 97 225 KM. On the 1st May 2019 I took the car to the dealership so that they can check the cause of the warning lights (engine and passenger airbag) and they told me that the lights were fixed. The information I received was that oxygen cylinder was the cause of the engine light and the sensor was causing the airbag lights. On the very same day just before I can reach Pretoria both warning lights were on and I immediately informed the dealership and they said I must make another arrangement so that the can check the car and they will at least half day. I told them I will give them more than a half day because there were still a lot of outstanding the name plate, service records, radio not playing and the warning.

On the 9th May 2019 I booked the car to the dealership to attend all this outstanding things and the very same day I have communicated with them and they told me that the airbag light was fixed but they are still struggling with the engine light. And on very same day I was told the airbag came back again. On the 20th May 2019 I went to collect the car and the airbag light and the engine warning were gone or fixed. Barely 500M from the dealership the engine warning lights came back and I immediately went back and they told me that I should worry about the engine lights it something that can be fixed once I take the car for service. On 02nd September 2019 I took the car for 105 000 service at Brits Nissan, but on Tuesday when I was on my way to work the engine warning lights came back again and I contacted Brits Nissan about the light and the asked me to bring in the car again. On the 9th September 2019 I took the car to Brits Nissan and they informed me that everything to do with service is fine, if I want to know what causes the radio and the engine lights not function well they will have to book the car diagnostic and it will cost me R845.00. I left the car at Brits Nissan for diagnostic and I was dropped home because on that week I was going to Eastern Cape on work related matter and told them that I will collect the car on Saturday 14th September 2019. On Tuesday 10th September 2019 I received a call from Brits Nissan informing me that my car does not have a passenger airbag and it looks like the car have been involved in an accident before, and this took me by surprise because this is against one of my specification when I said I don’t want a car that have been involved in an accident. I immediately contacted the dealership Raventon and informed them and they told me that I must bring in the car. According to my understanding I believe it was misinterpretation of information when I was sold a car that does not meet my specification and safety features. And this also makes wonder about the person who was doing a roadworthy on this car because it was only done in 24 April 2019 this year. I have attached a copy of diagnostic report which amount to R 69 757.57.

On Tuesday 17th September 2019 I went to Raventon dealership and spoke with the owner Mr Richard Fuller because he was not responding to my calls and whatsup messages. He told me that he will need to book in the car and he will talk with the people he bought from them and after he will get back to me before the end of business day of which he never did. I did made it clear to Mr Fuller that I was never interested in a car which was involved in an accident before and even now is still maintain that statement. I asked him to find a car with the similar specifications and gave him an alternative of Nissan Qashqai if he can find one that was never involved in an accident. I even informed Mr Fuller that I will need a car whilst they are busy with my car and he told me that he does not provide courtesy car so me and my wife had to walk over 6KM to take a taxi to go home. Mr Fuller to this date he had never bother nor call me to inform me about the status of the vehicle as u can see on our whatsup conversation where I was telling him that I am struggling with transport to do my daily errands. In this five months I have bought this car I has been at their dealership three times on the first occasion 1st May and the 9th May (kept for 11 day) and lately for since the 17th of September 2019. And in all this occasion I was using my own petrol without any compensation (± 80km single trip)from the dealership even though this trip were caused by the misinterpretation of information when they selling the car to me. My major concern is how did this car managed to get roadworthy test without noticing that the safety features of this car are not safe?

The car is currently in my position for safety reason because on Monday 28th October 2019 it was ****** from the dealership premises. The car was recovered by tracker and i had to use additional expenses to go a retrieve the car from Van Ryn Deep Pound- an SAPS impound area at Benoni. The car did not have any petrol even though when i left it the garage on 2019 September 17 it was half third full and the car is in bad status because it gives funny sound now when it brakes and looks like nothing was done on it on the airbag issues and others. On the 29th I still went to the dealer (as we have agreed a day before) so that i can understand how the car was ****** but the Mr Fuller just gave me a cold shoulder he did not even bother to speak me with me even though he was just in an office 90 cm from me or showed no concern that the car was ****** in his premises. The car was more faulty than before I took it to them and they never bother even to check all they did they just told me to take the car back and wait for their call, when they will call me to fix the car they did not want to replace it or refund me. I inform Elvin the person who attended me and told him that i wish for the car to be exchanged for another because I was sold this one under misinterpretation of information. Elvin was even surprised by the way I have been patient with the supplier to this level and he promised me that he will talk to his Boss Mr Fuller about this option because surely he can see that the owner does not have time for me. The case number are as follows Mogwase ref CAS 346/10/2019 and Douglasdale 836/10/2019. On the 10th February I drove the car to Marble hall and on my way back it overheated and destroy the top gasket whilst my case is still pending at Ombudsman. Upon the inspection of the car by a mechanic it was discovered that the cars thermostat was not working properly and it also confirms that the car was definitely involved in an accident because the engine had been sealed with many silicon’s as a proof that the car was involved in an accident. The gasket is currently at engineering for skimming and it will cost me approximately R6 000.00. I opted to take it for engineering because the owner of the dealership specifically told me to stop communicating with him if I have any concern toward the vehicle and because once the dealer take the car they keep for months without worrying on how am getting to work. Recommendation and expected solutions My expected solution in this car to be exchanged with a clean car which was never involved in an accident even if it can be more by R 30 000 I can apply for additional finance but the kilos must be less than 100 00km. Reduce the price of the car by 30% because I believe my insurance and motor warranty (I have been paying motor warranty from the day I collected the car form the dealer ship because I was told the car is accident free but had to cancel during December after the they told me they do not cover cars which were involved in an accident) will increase once I give the full history of the car and for the duration that I have been struggling without a car. The other option expected will be to give me another of this model car on the same value and not exceeding the current KM of the car I am driving. The other option is that the dealership can pay the bank settlement and let me go to other dealership to look for another car

2020 UPDATE

On the 29th November 2019 I had an accident were my right mirror and the right side door was damaged, but this accident did not affect anything on the mechanical part and the car was driving still with those problems I was complaining. After the incident I was not driving the car that much because of the mirror. The car was booked at the recommended panel beaters by the insurance on the 08th January 2020 and they fixed the door and the mirror. My tracker log book shows that since the car was there in never left the vicinity and the only reason why it took long was because they wanted to install a new door and they did. On the 10th February I went to collect the car from the panelbeaters and everything was in order and I have checked the car myself including oil and water because I was preparing to take a trip to Marble hall at Limpopo.

My trip went well to Marble wall but on my way back I realised that the car was overheating and I immediately stopped and upon investigation it was confirmed that the car had hit the top gasket. The car was towed to my aunt place at Warmbard because the insurance company policy is that the they can only take me to the nearest dealer, I left the car at my aunt house for a week. On the weekend of the 15th February 2020 I managed to gather some money then I went to collect the car from Warmbad to my place Mabopane.

On the 17th February I called Ombudsman offices and informed them about this latest problem on the car and asked about the status of my case. Since that I have struggling to get to work and I have not heard anything from the ombudsman to this day. On the 01st March 2020 I have decided to ask someone to come and check the car for me because I am spending too much money to reach my place of work which is Mogwase around Rustenburg. The Mechanic discovered that car’s engine has a lot of silicons, a rusted water pump and some other things. The total cost of the things I should buy amount to R5 000.00 of which I am going to buy today because am spending more that to pay for transport and the car on monthly basis. Today I will be buying a water pump, top gasket, pistel rings and plugs and also R3 000.00 for engineering. I have resorted to this option of fixing the car because I feel like I am all alone and cannot get assistance from the dealer and the ombudsman, and it start to affect my family finances.

The point I am trying since I have bought this car it have been times months (01 May, 9-20 May 2019 and also on September 10th to 28th October 2019, after having collected the car from SAP13), at the dealer and they did nothing to fix it except telling me lies. The main reason for me taking this car was do with the engine warning lights, hooter and the airbag.