Mercedes Constantia Kloof Refusing to take a faulty vehicle back

I purchased a 2014 A45 AMG with a “full Service history, Warranty and full maintenance plan” from Constantia Kloof Mercedes and the car has been giving endless problems. I bought this car for Leisure purposes to drive only on weekends. · I viewed the vehicle on the 26 August 2017 · I was not offered a test drive on the vehicle · I advised the sales person (Roxanne) that I want to purchase the vehicle on the 28 August 2017 · The dealership made me sign the delivery documents before I took delivery of the vehicle · I took delivery of the vehicle on the 2 September 2017 from the dealership · I barely drove 400kms with the car and it started making a whining sound from the rear. · I took the car in on the 20 Sept 2017 to Mercedes Benz Constantia Kloof for them to look at the vehicle and repair it, I handed the car over to Carike Calitz – The service advisor · Later on in the day I was advised that the Diff on the vehicle needs to be replaced, they do not have the part in the country and it will be ordered from Germany. · On the 22nd September I then sent an email to Carike requesting and Update (attached), response was: (Also attached) Good Day Mr....., We are done with the TIPS case and was informed that the vehicle was supposed to have a diff oil change on the first as well as the second service which was not done. We have asked them what is the way going forward as you are a new owner. I am waiting for their response and will advise as soon as possible. · The above shows that they did not check the vehicles service history prior to delivery · ON the 26th September 2017 I then approached MIOSA (Motor Industry Ombudsman of South Africa) – Attached · I called Mercedes Benz Head office after Carike had advised that the part has been ordered from Germany and they advised that the part had not been ordered yet. · My wife then sent an email to Carike requesting the part number and CC’d the majority of the Management of the dealership (attached) · We then called to speak to the dealer principal to resolve the issues we were experiencing, she was not available (please keep in mind she has not made any effort to contact us to this day), we were asked to Speak to Vicky Louw The customer relationship manager, my wife sent an email to her, and response attached. 26 September 2017 · On the 27 September 2107 Misoa sent a mail to the dealership (attached) · Alda’s email to MIOSA (attached) 28 September 2017 · 3 October 2017 Carike advised that the part is still on order from Germany (attached) · Mercedes Benz Head Office advised that the part will arrive on the 6 October. · 11 October the part arrived at Mercedes benz head office(attached) · 13 October the part was not yet at Mercedes benz Constantia kloof(attached) · Part only arrived at the dealership on the 16 October (attached) · WE received the car back on the 17 October 2017 · On receiving the vehicle, there was still noise coming from the engine (we then sent the car back on the morning of the 18th October 2017 · Mauro – Service advisor (the only person at the dealership besides from Vicky that actually keeps us in the loop without having to call and find out what is going on) called me and advised that the Prop Shaft now needs to be replaced. This was done and we received the vehicle back on the afternoon of the 18th October 2017 · I did not drive the car on the open road up until the 25th October 2017 (less than 350kms driven since the vehicle was returned) · 25th October 2017 I drove the vehicle on the highway, and as soon as it reaches +80km p h it sounds like the vehicle is driving in reverse (the sound the car makes when driving in reverse) I am not happy with this vehicle at all, the service from Mercedes is atrocious. I would like to return the vehicle to Mercedes Benz. I would like to return the vehicle to Mercedes benz Constantia kloof, I would like my instalments paid back to me on what I have paid, as I have not had the car in my possession for more than 60% of the time.

The dealer principal Alda Waddell refuses to take the car back. According to the CPA sect 56 sub 3:

(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must— (a) replace the goods; or (b) refund to the consumer the price paid by the consumer for the goods.

I will go even further with this case, I will publish this in newspapers, on Social Media and even erect billboards all over 14th avenue next to the dealership. I do not want this faulty vehicle.