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Shaun S

1 reviews | Active since May 2019

21 May 2019, 11:26

WEBUYCARS REQUESTED MONEY FOR CARS AND DID NOT GIVE ME THE CARS

In April 2019 I saw two cars at webuycars jhb. I aliased with Wesley Pinetown we buy cars regarding the sale. I was instructed by whatsap to provide him with information (name id , address and tel no)which I did. I was then provided with their company banking details on whatsapp and I was requested to make payments, I instantly made the payment. 10 minutes after payment being made I was advised the cars are NOT for sale and that if I wanted delivery I must bid for them. WHY SHOULD I BID FOR THE CARS WHEN I ALREADY PAID FOR THEM AND I WAS ADVISED BY WEBUYCARS THAT the cars are already locked for me.(whatsapp chats included below ) WE traveled from DBN TO JHB by bus the entire night just to collect these cars. We buy cars made me wait at their branch in JHB for about 8 hours and forcefully made me bid for the cars AS MY MONEY WAS IN TEIR ACCOUNT I HAD TO FOLLOW INSTRUCTIONS OUT OF FEAR. After 8 HOURS I was told no cars please go home , I had to leave the branch and walk for about 20 minutes to the bus stop. MY MONEY WAS STILL IN THEIR BANK ACCOUNT. They refunded my money when my attorney got involved. WE BUY CARS says that they could not give me the cars because it is their policy to have agreements signed. IF SO why did they request MY MONEY to be deposited into their account with no agreement , did they not know their own policy. As a separate issue i fail to see why we buy cars sell cars cash to people and then hide behind the fact that their entity is registered as an auction.FACTUALLY they sell cars cash privately and use auction agreements / paperwork signed by purchasers to indemnify themselves from selling inferior quality goods.

i think its about time the Consumer Council , DTI , AND ALL (EXTENSIVELY ALL) the regulatory bodies have a joint and thorough investigation on webuy cars in consideration with numerous purchasers affidavits with HOW the transaction is process

WHATSAPP CHAT(PERSONAL INFORMATION AND IMAGES REMOVED) IM Happy to share images with any one that request it 09/04/2019, 11:27 - Shaun: Hi 09/04/2019, 11:27 - Shaun: It's Rahul 09/04/2019, 11:28 - Shaun: Stock number Kia Rio d9db71843 09/04/2019, 11:28 - Shaun: Hyundai I 10 09/04/2019, 11:29 - Shaun: Stock number 9abbd0859 09/04/2019, 11:29 - Shaun: My wife on her way to u tanx buddy 09/04/2019, 11:29 - Shaun: Plz let me know when u confirm da sale tanx 09/04/2019, 11:30 - Wesly Webuy Cars: Cool. Send me her full names as per ID, I'd number, cel number, email address 09/04/2019, 11:30 - Wesly Webuy Cars: This is what I need to lock them on system 09/04/2019, 11:32 - Shaun: IMG- ********** 9-WA0012.jpg (file attached) 09/04/2019, 11:32 - Shaun:******************************xx 09/04/2019, 11:33 - Shaun:********************************* 09/04/2019, 11:33 - Shaun: ******************************xx 09/04/2019, 11:34 - Wesly Webuy Cars: IMG- ********** 9-WA0013.jpg CAR PIC 09/04/2019, 11:34 - Wesly Webuy Cars: Correct? 09/04/2019, 11:34 - Shaun: We bank with Capitec send me banking details 09/04/2019, 11:35 - Shaun: Yes Rio correct 09/04/2019, 11:36 - Wesly Webuy Cars: IMG- ********** 9-WA0014.jpg CAR PIC 09/04/2019, 11:38 - Wesly Webuy Cars: IMG- ********** 9-WA0015.WE BUYCARS BANKING DETAILS 09/04/2019, 11:38 - Wesly Webuy Cars: IMG- ********** 9-WA0016 WE BUYCARS BANKING DETAILS 09/04/2019, 11:38 - Wesly Webuy Cars: Plz use references as indicated on pics. And send proof to ********** 09/04/2019, 11:42 - Shaun: Ok payment in 10 minutes time buddy 09/04/2019, 11:43 - Shaun: Sharp tanx so much 09/04/2019, 12:11 - Shaun: Hi payment done 09/04/2019, 12:11 - Shaun: 10min ago 09/04/2019, 12:12 - Wesly Webuy Cars: PTT- ********** 9-WA0017.opus (file attached) RECORDING ADVISING THE CARS ARE NOT FOR SALE 09/04/2019, 12:39 - Wesly Webuy Cars: I was thinking, to make it easier for you, if your boet finds a car let him deal with the sales guy there and then I can just forward that proof to him and then it will go faster also.

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Replies (1)
Webuycars.co.za
Webuycars.co.za's reply21 May 2019, 15:00
Official
Hi Shaun,

We have been informed that you instructed attorneys to act as your representatives with the dispute against We Buy Cars. However, since you made the post on a public platform, we would just like to clarify some points.

We Buy Cars did not enter into any agreement with you in respect of the purchase of the vehicles. We therefore reject and deny that we entered into any agreement or agreed to any material terms of an agreement with you.

When you visited our website to view the vehicles concerned you accepted the terms of use of the website which stated the following:

We will not be bound to any allegations that a contract or legally binding arrangement has been entered into between you and us arising from communications addressed to us on the websites, support and/or any other form of communication. We reserve the right to insist upon written contracts as and when we deem appropriate within our discretion. As such, any information contained on the websites cannot be regarded by you as an offer capable of acceptance resulting in a legally binding contract.
 
Conversely stated, your contention that an agreement arose by way of “Whatsapp” holds no water. You were aware, or should have been aware that you will be required to enter written contracts with We Buy Cars pertaining to the purchase of the vehicles when you visited our website.

When you visited the branches in Midstream and in Durban you would have noticed the notices displayed as you enter the premises, which amongst other things, state the following:

The buyer will be required to sign a sales agreement with the seller, the terms of which will be explained and agreed to by the buyer.

Conversely stated, your contention that an agreement arose by way of “Whatsapp” holds no water. You were aware, or should have been aware that you will be required to enter written contracts with We Buy Cars pertaining to the purchase of the vehicles when you visited our website.

In light of the above it can be unequivocally stated that you did not enter an agreement with We Buy Cars in respect of either of the vehicles. There where were no terms of sale we agreed to. The banking details you received was in way intended to be seen as an intention to contract with you. It was conveyed to you, and it was at all times clear, that the vehicle was going on auction.

Should you  seek further recourse we would advise that you refer the matter to the Motor Industry Ombudsman of South Africa. Their contact details can be found following the link: https://www.miosa.co.za/

Kind Regards