Mercedes Benz

I signed the contract with the dealer Tiffany car sales in October 2018. However our agreement was that i can only take the car if my previous dealer fails to replace my vehicle which I had a standing contract with. I spoke to the dealer 2 days after my car was replaced that i cannot continue with the contact since my car was replaced. I'm talking about the Mercedes Benz c180. The dealer refused to cancel the contract and took the matter over to the motor ombudsman. I declined the contract and the debit payment with the bank since i did not take the car. To my amazement, the response to the bank was that i cannot excersise the right of cancellation since the clause of cancellation does not apply to me. The say it applies to the person whom the dealer went to and was asked to come and buy the car. I told the bank that on the contract it is clearly stated that if the purchaser wishes to cancel the contract for any reason whatsoever, he will be subjected to the outcome of the motor ombudsman for perusal checking on the car usage, the damages and the kilometers as well as the devaluation of the car. The motor industry ombudsman answered after a month to tell me that she is not in a capacity to help me and she referred the matter to the banks ombudsman. she also answered and said she has re-referred the matter to the banks internal disciplinary investigation. They have not said anything to this end and the banks keeps on deducting the money from my account and I'm sitting with over R17000 arrears for the car that i did not take. I said to the bank I'm legally acting within my right as a customer to cancel the contract within my cooling period and the six month probation since i did not take the car. I had been battling since October until today and no one is willing to assist to have the contract cancelled. All I'm told is that the bank did nothing wrong in this regard. All I'm saying is that why is the bank slipping my name on the mud , i was a good boy who paid WesBank for 5 yrs for my car without any month debit returned, now that I'm being financed by Absa and I'm punished. Acc ********** 0178 ( I dealt with Neo Sithole) The contract does have a clause which allows me to cancel and she said i don't understand the clause and I'm trying to exercise the right which I don't have. What else can one do? Mr. Mokoena, can you get your legal representative to send us a letter and further furnish us with ah update from MIOSA. You are not understanding my point below. You cannot exercise a right which you do not have. That is the point I was trying to make.

Kind regards, Neo Sithole Service Resolution Consultant WB MOTOR RISK MANAGEMENT Direct line ********** // Email **********

Address House of WesBank, Fairland Gauteng // Web wesbank.co.za

WesBank - a division of FirstRand Bank Ltd. An Authorised Financial Services and Registered Credit Provider. NCRCP20. Reg. No. ***.

From: Mokoena, Johannes ********** Sent: Friday, February 8, 2019 1:14 AM To: Sithole, Neo ********** Cc: ********** Subject: RE: Contract cancellation clause - [External Email]

I have been exercising this since I declined to take the car.

From: Sithole, Neo ********** Sent: Thursday, February 7, 2019 6:24 AM To: Mokoena, Johannes ********** Subject: RE: Contract cancellation clause - [External Email]

CAUTION: This email originated from outside the organization.

Hello Johannes,

Noted, however you still went to the dealer they did not ask you to come to the dealership. Same principle applies unfortunately. Direct marketing would be at an event they send you pictures or call you to let you know that there is a said vehicle that you might be interested in and that you should take it. Should it then be a case of you not liking it or not wanting it within 7 days you can then exercise your cooling off period.

Kind regards, Neo Sithole Service Resolution Consultant WB MOTOR RISK MANAGEMENT Direct line ********** // Email **********

Address House of WesBank, Fairland Gauteng // Web wesbank.co.za

WesBank - a division of FirstRand Bank Ltd. An Authorised Financial Services and Registered Credit Provider. NCRCP20. Reg. No. ***.

From: Mokoena, Johannes ********** Sent: Thursday, February 7, 2019 2:27 AM To: Sithole, Neo ********** Subject: Contract cancellation clause - [External Email]

Hi Neo, following our conversation yesterday morning regarding contract cancellation clause on your side, I was standing on the wayside looking at the vehicle at 18:30 coming from work. The dealer came out of the building and approached me asking me to come in. I denied stating that its already late for business but he insisted that I come in. I do have the photos of the car on my phone and you can clearly see that it was at night.

On this instance, the dealer came to me, not me going to the dealer.

Johannes Mokoena Palletizing Logistics - Coordinator Enstra Mill Office: ********** Mobile: ********** 997 / ********** 263