HG
Henri G

1 reviews | Active since Jun 2015

15 Jul 2015, 10:47

Not complying to agreements set out in contract

I bought a vehcile from Inpsectacar silver lakes, after one day I realised the door couldnt lock, the PDC didnt work, and on day 3 a GEARBOX FAULT came on. I wanted the vehcile returned as this was only after 3 days, and by law I was still within the 7 day cooldown period of the contract. Inspectacar refused to take back the vehicle. I requested a copy of my contract 3 times over the course of two weeks an only after reporting this to the branch manager was I sent one, the following day a cover securing the front windscreen came of. After all this and the fact that I was in my full right to ask for either a replacement, repair or return, I was still refused to return the vehicle. Aslo I was not allowed to test drive the vehicle until I got approved financing. As Inspectacar is endorsed by WESBANK, and the branch manager Phillipa Bailey is from WESBANK, I found I had no choice but to launch a complaint on hellopeter.com since they refused to take back the vehicle even though it was clearly mention in my contract (with WESBANK) that was fully in my right to do so within 10 business days. I even pointed this out to Inspectacar who just politely ignored it.

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Replies (1)
WesBank
WesBank's reply07 Sept 2015, 13:04
Official
Hello henrigreeff,

Thank you for bringing this matter to our attention and affording us the opportunity to address this issue comprehensively.
We wish to highlight that the 'cooling off period' does not apply for the cancellation of a credit agreement that has been concluded electronically on the WesBank server as this is considered to be and is registered as the Bank' premises in terms of the National Credit Act.As you have made reference to the CPA, the plaintiff must to prove the defects to be material having eliminated the possibility of wear and tear deterioration, any serviceable items and establish irrefutable liability in accordance with the definitive condition where the burden of proof applies.We also wish to highlight that the Acts purpose is not restorative in the sense of reconditioning an aged asset to manufacturing standards.The basis for your wish to terminate the loan needs to be investigated to determine there are sufficient grounds to demand the reversal of the transaction because the supplier is duly paid as soon as the Agreement is concluded and you take delivery of the Goods.In this instance, the Ombudsman will revert with a verdict to which the parties will abide.

WesBank