Cancelation of a car deal

<p>On the 26th Oct 2016 i bought (and collect) a car (Chavrolet Cruze 1.6L 2010 model) from THE CAR MART garage in JHB for R92 000. On collection I was told the car doesn’t have spare key, air-condition system is not properly working and contrary to their adverti*****t the car have no services book (service history) which I think was a deliberate misrepresentation. We agreed that the R700 fee for spare key will be split among both parties, but unfortunately we couldn’t cut it in JHB so I drove to EL without spare key.</p> <p>I drove back to East London but slept over at Bloemfontein, and as i was driving to BFN from JHB i heard noise coming from the wheels i therefore decided to go have it checked at the workshop there the following day. It was confirmed that brake pads and brake shoe can only carry me to my destination (EL) but they need attention ASAP, it was also confirmed that all four shock absorbers need immediate replacement as they were worn out. I called the sales-lady (Fatima) at the garage to inform her about these new development and that I was disappointed. She asked that I take it to EL workshop (she promised to give me reference where to go when I get to EL)</p> <p>As I was driving from BFN to EL on the 27th Oct 2016 I noticed light on my dashboard, I took a picture of this and sent to the sales lady at the garage to assist. This was ignored. It was confirmed later that this light was indication of oil, which surprised me because I was assured that the car went for service before I took it.</p> <p>When I got to EL I took the car to three (3) workshops and they all confirm the above damages. The garage took responsibility and arrange to have shock absorbers changed and others to be done later. But as I was driving the car, the confidence on it dropped, fearing of the unknown future. The car couldn’t hold engine ravs at one level (rave count). I also noticed that heater is not working, making driving conditions very dangerous during rainy weather as I cannot clean inside windscreen (no heater or aircon) and also wiper system malfunctions. This was shocking considering that the car PASSED roadworthy test.</p> <p>Eventually on the 7th November 2016 I decided to cancel the deal and I wrote them an email rising my concerned and that I would like a refund or a swop deal, to which they inform me they cannot do any of the two proposals. But after highlighting to them that Consumer protection Act covers my case, there was some change of heart and they agree to have the car returned then pay my refund. The following conditions for refund were put forward, 1. Garage was to calculate the kilometers I have traveled starting from the day taking the car from the garage, 2. To check if there are no scratches or dent.</p> <p>After some delays, going back and forth trying to have the car collected, it was finally collected from me on the 19th Dec 16 and they confirmed receiving it on the 22nd Dec. I was once again requested to ask for settlement amount (R 75 226.68) from the bank, which I did and emailed it to them (29th Dec 2016 being its expiry date). The initial settlement request of R 75 267.64 was requested and done on the 2nd Dec 2016 but the garage came back saying they cannot settle the amount as they first wanted to have the car for inspection.</p> <p>On the 28th Dec 16 I reminded the garage about due date of payment and I was assured that payment will be done on the 29th Dec. On the 29th I once again reminded the lady and she rep**** “Hi sorry been so hectic will email u”. (This I thought she will email me notice of payment). I was surprised when the lady called on the 30th Dec once again asking a new settlement amount from the bank, which I did and forwarded them a new settlement amount of R 73 116.93 which was less R 2 130.28 to be unnecessary debited on my account. The bank explained that the R 2 130.28 could not be added on the settlement amount as they need at-least 5 days’ notice between the day of request of settlement and next debit date. At this stage I felt this garage was just deliberately frustrating the process. This was *********ly benefiting them and disadvantaging me.</p> <p>After the car was delivered to them on the 22nd, they have not paid back my R 30 000 deposit (taking note that they said they will minus cost for kilometer traveled and any damages on the car to be checked on receiving the car). It has been + two weeks now and they are not giving me any feedback on calculations conducted and as to when they are going to pay me back my money and also refund me the R 2 130.28 debited on my account due to their negligence after failing to pay the settlement amount to the bank on time (29th Dec 2016).</p> <p>I therefore request that you follow up on this matter and assist on settling the dispute.</p> <p>( ********** / ********** 250 is my contact number)</p> <p>Regards</p> <p>Ntobeko Qobongoshe</p> <p> </p> <p>Here is their contact details.</p> <p> </p> <p>Fatima Laher</p> <p>The Car Mart</p> <p>cnr Bowling Avenue and Marlboro Drive, Kramerville – Sandton</p> <p>Tel: ********** </p> <p>Cell: ********** </p> <p>Fax : ********** </p> <p> </p>