1 reviews | Active since Jun 2019
SMD Finance Department acting like they are above the Law
It is my personal view and perception that SMD Finance/Sales Department needs diversity and race awareness training including customer service. I bought and paid for a vehicle and they cancelled the sales, sold the vehicle sold to another customer and took my deposit. I lodged a formal complaint and requested some information to establish their decision was wrong. They have refused to provide this information. See below my email to SMD finance department which is over
On Wed, 28 Jul 2021 at 06:18, Kene Oguejiofor <keneoguejiofor.........com> wrote:
Dear Sir/Madam,
I acknowledge receipt of your email of 27 July 2021 sent at 10:24 am.
I note your second paragraph states - "Acknowledgement of complaint" however the emails below your response are correspondences between Ms Progress and myself. Hence I am afraid your response has failed to address the core issues in my complaint - ie (i) Procedural impropriety (ii) Unfair treatment and Bias Please kindly see attached my formal complaint to your department - Customer Service and address the points and facts raised therein.
Furthermore I note the highlighted "terms and conditions" in your paragraph three (3) however, it does not stipulate those procedures/steps to be followed by your staff before cancelling a sale and imposing a penalty and/or time frame.
I am challenging steps/procedures taken by Ms Progress before cancelling the sale to be wrong/unfair and strongly contend it is ********. You admit that Progress failed to follow the correct procedure without specific reference. It would be imperative you outline those steps/procedures and the test would be are they consistent with your company's policy and compliant with the Consumer Protection Act.
Finally, you stated the sale was cancelled on 23rd July 2021. Please kindly confirm time of cancellation and if any notice were served.
Thank you for your anticipated cooperation.
Yours sincerely,
Kene Oguejiofor
Payment on any vehicle sold at SMD needs to be done within 24hours of sale date.
The vehicle was sold to you on the 15th of July 2021, Half payment was done 20th of July 2021 and the sale was cancelled on the 23rd of July 2021.
Regards
SMD
Payment on any vehicle sold at SMD needs to be done within 24hours of sale date.
The vehicle was sold to you on the 15th of July 2021, Half payment was done 20th of July 2021 and the sale was cancelled on the 23rd of July 2021.
Regards
SMD
Your reply above is actually old and was sent on 27 July 2021 at 10.24 am. I responded to that mail and requested for information ie - the time the sale was cancelled on the 23rd of July 2021. Can you please provide this information, please?
I also note that you edited your response by removing the third paragraph which outlined your terms and conditions which failed to stipulate this 24 hours time clause you allege.
As a point to good reference if your customers are expected to make payment within 24 hours after purchase or you cancel and take their R5000 deposit. Can you kindly specify how long it took you to allocate payment on invoice number S-ARPI***9 despite having my funds R29,963.77 sitting in your bank account for over a month? It is needless to mention that these funds were from the previous cancelled sale.
Can you confirm how many times I wrote emails to your office within the last few days for these funds (R29,963.77) to be allocated to invoice number S-ARPI***9?
Can you confirm or refute that your office on 23rd August 2021 incorrectly allocated only R15,963.75 and R1,903.64 instead of R29,963.77 and when I raised objection and requested that the correct amount (R29,963.77) be allocated you only did so on 30th August 2021.
Considering all the above facts, can you justify that I have been treated fairly and why it has taken you over one month and counting to provide simple information of the time you cancelled my invoice on 23rd July 2021.
I have no doubt in my mind that you have refused to provide the requested information because you feel "I am a kwerekwere" and not protected by SA Law. I also strongly believe your finance department deliberately delayed the allocation of my funds in your bank account for nearly a week to tell "I am a kwerekwere" and cannot do anything
27 Jul 2021, 10:24
Good Day
Thank you for your email.
Acknowledgement of complaint.
Before placing a bid on a vehicle you are presented with SMD terms and conditions.
Please find below point stated in our Terms and condition.
https://www.smd.co.za/terms-and-conditions
· In the event that (1) full payment of the total purchase price of the vehicle(s) shown on the Pro Forma Invoice, (2) the buyer cannot comply with FICA or (3) within the payment period has not been met, the buyer will have defaulted on the sale and agrees to the following: The buyer authorizes SMD to deduct a cancellation fee of 10% of the invoice total, as pre-estimated and liquidated damages, with a maximum penalty of R5,00
The vehicle was sold to you on the 15th of July, Half payment was done 20th Of July and the sale was cancelled on the 23rd of July 2021. This sale was not allowed to be kept more than 5days, Progress did not follow the correct steps in your cancellation.
You were given more than enough grace to make full payment on the vehicle as per our T&C and you default resulting in the sale being cancelled.
In future please pay your vehicles on time and in full.
Regards
SMD
Your reply above is actually old and was sent on 27 July 2021 at 10.24 am. I responded to that mail and requested for information ie - the time the sale was cancelled on the 23rd of July 2021. Can you please provide this information, please?
I also note that you edited your response by removing the third paragraph which outlined your terms and conditions which failed to stipulate this 24 hours time clause you allege.
As a point to good reference if your customers are expected to make payment within 24 hours after purchase or you cancel and take their R5000 deposit. Can you kindly specify how long it took you to allocate payment on invoice number S-ARPI***9 despite having my funds R29,963.77 sitting in your bank account for over a month? It is needless to mention that these funds were from the previous cancelled sale.
Can you confirm how many times I wrote emails to your office within the last few days for these funds (R29,963.77) to be allocated to invoice number S-ARPI***9?
Can you confirm or refute that your office on 23rd August 2021 incorrectly allocated only R15,963.75 and R1,903.64 instead of R29,963.77 and when I raised objection and requested that the correct amount (R29,963.77) be allocated you only did so on 30th August 2021.
Considering all the above facts, can you justify that I have been treated fairly and why it has taken you over one month and counting to provide simple information of the time you cancelled my invoice on 23rd July 2021.
I have no doubt in my mind that you have refused to provide the requested information because you feel "I am a kwerekwere" and not protected by SA Law. I also strongly believe your finance department deliberately delayed the allocation of my funds in your bank account for nearly a week to tell "I am a kwerekwere" and cannot do anything
27 Jul 2021, 10:24
Good Day
Thank you for your email.
Acknowledgement of complaint.
Before placing a bid on a vehicle you are presented with SMD terms and conditions.
Please find below point stated in our Terms and condition.
https://www.smd.co.za/terms-and-conditions
· In the event that (1) full payment of the total purchase price of the vehicle(s) shown on the Pro Forma Invoice, (2) the buyer cannot comply with FICA or (3) within the payment period has not been met, the buyer will have defaulted on the sale and agrees to the following: The buyer authorizes SMD to deduct a cancellation fee of 10% of the invoice total, as pre-estimated and liquidated damages, with a maximum penalty of R5,00
The vehicle was sold to you on the 15th of July, Half payment was done 20th Of July and the sale was cancelled on the 23rd of July 2021. This sale was not allowed to be kept more than 5days, Progress did not follow the correct steps in your cancellation.
You were given more than enough grace to make full payment on the vehicle as per our T&C and you default resulting in the sale being cancelled.
In future please pay your vehicles on time and in full.
Regards
SMD