NC
Narisha C

1 reviews | Active since May 2016

20 May 2016, 09:18

Breach of Contract

<p>Im acting on behalf of my brother, as he gave me full right to do so. We did a transaction through Kohler Auto, which from the beginning on myself and the Sales Person informed the FNI about how the previous deal was structured as well as the new one with regards to my Stepbrother as the owner, and myself as the regular driver. The previous vehicle which was a Citroen was financed like that as well. Everything went well, my brother signed contract, and we also took delivery of the new vehicle and traded the old one. Insurance was in place three days before delivery. After a week Kohler FNI informed us that the bank now does not want to pay out because of third party financing. As she tried to change my insurance First for Woman contacted me informing me that the premuim will be R400+ more and that they then will notpay out the vehicle because of the address changed and the vehicle will not be at the correct regular address. She then asked me to finance the vehicle on my own name which i refused due to personal reasons and also because my brother wants the vehicle on his name due to financial reasons and the good name he has with all the banks. The Trade-in was already sold as well and settled. The FNI **** and told me the Citroen was on there floor which was false. Suddenly Kohler cancelled the deal and got back the Citroen, informed Wesbank to uplift the previous Contract and then also took back the Demo which i was driving. I only had the Polo for one day, as it had to go back for its wash and radio, but they refused to give me the Polo because the bank did not want to pay them. This is unprofessional, and breach of Contract. This has nothing to do with my brother or myself. By Law he sold Kohler the Citroen and bought the Polo. There was a binding contract already signed and in place. They had to fought this with the bank and not cancelled the contract. Late yesterday afternoon (i already left from work) i received a call from the Sales person informing me they got the Citroen back from the new client, and they bringing it back to me. They did not even give me time to get the insurance back for the Citroen or cancelled the insurance on the Polo. I had to do it this morning and there will be a debit order going off of my account for the time having the insurance on the Polo. Do go search for a new vehicle now and do a new Application is time, and it will infect my brothers credit score because we had a deal at Renault and then the Sales person moved us to Kohler in Witbank. He app**** twice already now for a vehicle. This contract was legal. The bank would not have released a contract as well as a Pin for my brother to sign if the Bank itself has problems paying out this deal. So we need to know the exact excuse here and what they are going to do to fix this matter.</p>

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Replies (2)
WesBank
WesBank's reply24 May 2016, 10:41
Official
Good day Thank you for your concerns highlighted. We have attempted to communicate with the applicant directly, however to no avail. Regrettably we are no longer going to entertain the deal as we have since discovered information which could potentially place the Bank at risk. As per the terms and conditions of our agreements, the assets which we finance are to remain in the possession of the account holder and not a 3rd party, this would be deemed as a breach of contract. We trust that you find this in order. Kind regards WesBank
NC
Narisha C's update24 May 2016, 10:58
Reviewer Update
Good day Thank you for the reply. You would not be able to get hold of the Applicant, as he only did the financing, and i was the one dealing with the Dealership directly and they back to me. Wesbank agreed to the Financing and you were in possession of the Insurance letter where it stated that I will be the regular driver and the Insurance was in my name registered. Then Wesbank STILL agreed to a financed Contract, which my stepbrother signed, as well as the Dealership, and we took delivery of the vehicle. Almost a week afterwards, the Dealership asked for a letter from my stepbrother to only state howcome he is my stepbrother, wich he provided to the Dealership and the Dealership to Wesbank. The Dealership knew that i would have drove the vehicle as well as Wesbank. Please explain why did Wesbank only came after a week and cancelled the deal, after Delivery took place, after the Citroen got settled and sold? My brother is a good client of Wesbank, and this is how he got treated and afterwards this is all you have to answer? How are we going to handle this situaton. Please revert to me as he gave permission for me to handle the matter. Regards Narisha