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Gary C

1 reviews | Active since Jul 2021

29 Jul 2021, 13:55

Wesbank committed ********** Misrepresentation of contract.

Wesbank have **********ly misrepresented a contract regarding a motorcycle. On the 19 of December 201. I went to Lifestyle Yamaha Roodepoort Gauteng. I wanted to buy a Yamaha FZ6 Fazer. The sales guy took me to the bike and showed me the FZ6Fazer. It looked different from the bike in the pamphlet, but the sales guy assured me that this was the brand new 2014 Yamaha FZ6 Fazer. So I agreed to go ahead with the sale. The sales guy phoned Wesbank to do the deal and handed the phone to me. The Wesbank consultant gteeted me by saying, "Good afternoon Mr Cooper, I see you are buying a Yamaha XJ6F. To which I rep****,"no mam I am buying a Yamaha FZ6Fazer. She said "no I can see here that you are buying a Yamaha XJ6F. Again I rectified her by saying im buying a Yamaha FZ6 Fazer. She then asked to speak to the sales guy. I in the meantime was looking at a new helmet. After 5 minutes the phone was returned to me. The Wesbank consultant said ok Mr Cooper I see that you are indeed buying a Yamaha FZ6 Fazer. To which I rep**** great. And the Wesbank consultant proceeded to do the contract with the details as FZ6 FAZER YAMAHA Engine number:J***9 Chassis number: JYAR***. After I took possession of said motorcycle, a year later it was now time to renew my licence disk. In order to do that I needed a copy of the papers of the bike from Wesbank. They duly sent me a copy of the papers to which I was shocked to see that the papers of the bike are as follows: Yamaha XJ6 Engine number: J523E011529 Chassis number: JYARJ*** Wesbank claim that this is a bonefide error. However the Wesbank consultant knew that the bike I was getting was not the bike I wanted and knew I would not have signed the contract if it said Yamaha XJ6F. Wesbank consultant purposefully and **********ly misrepresented the contract because Lifestyle Yamaha did not have a Yamaha FZ6 Fazer to sell and unbeknownst to me were in financial crisis to a degree that they closed down in January 2015. My consensus is that the Wesbank consultant colluded with Lifestyle Yamaha to mislead me as this was one of Lifestyle Yamahas last sales and they had to push it through quickly before the shut down as to gain maximum sales before said shut down.

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Replies (14)
WesBank
WesBank's reply29 Jul 2021, 14:03
Official
 
Dear Mr Cooper

We have received and reviewed your Hello Peter post. Our Customer Resolutions Team has logged a formal complaint which has been routed to the relevant department for investigation and resolution. 

We will be in touch with you to resolve this matter.

Regards,
WesBank Service Resolution 
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Gary C's update29 Jul 2021, 14:26
Reviewer Update
Please take note that the engine number, the chassis number and the make and model are purposely different regarding the contract and the actual papers of the bike.
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Gary C's update29 Jul 2021, 15:27
Reviewer Update
I would also like to point out that Wesbank knew from day one that the contract was at best a misrepresentation. And at no stage made any attempt to rectify the misrepresentation by contacting me or any other means. So far it has been 7 years. And only now that I went public. And stopped paying. So far the sheriff had been to my home at least 5 times to repossess a non existent Yamaha FZ6Fazer and just yesterday phoned to say they are coming back for a 6th attempt Lol. They even brought the police with them at one stage. When the police saw that the engine number, chassis number and make and model were not the same on the contract as to the papers of the bike. The police said they cannot enforce the repossession. Lol. But they're coming back. Lol.
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Gary C's update29 Jul 2021, 16:25
Reviewer Update
********** Misrepresentation can be thought of as the most blatant type of contract misrepresentation. The defendant knowingly makes a ********** statement for the sole purpose of misleading the plaintiff. This is a textbook case.
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Gary C's update29 Jul 2021, 16:59
Reviewer Update
And the most disturbing fact, is that Wesbank is at this moment suing me for breach of contract AFTER they already breached the contract on day one.
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Gary C's update29 Jul 2021, 18:10
Reviewer Update
And on the last note. I would like to say that Hello Peter was my absolute last resort, after a very long stressful 7 years of trying to reason with Wesbank legal team. It has been stressful and heartbreaking and a never ending battle with Wesbank. For 7 years I could not enjoy the bike I wanted. I feel like swearing at Wesbank publicly. But I'll thank Wesbank for 7 years of misery. And a good 4 years of a non stop battle with Wesbank trying to reposses a bike that I wanted, but does not exist. Thank you Wesbank for wasting 7 years of my time.
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Gary C's update29 Jul 2021, 18:27
Reviewer Update
O and I'd also like to thank Wesbank for 4 years of continual cold hearted threats and attempts to repossess this non existent motorcycle. And continuous failed visits from the Sheriff of the courts where even the SAP refuse to enforce the repossession.
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Gary C's update30 Jul 2021, 08:52
Reviewer Update
I have since yesterday discovered more information on how Wesbank de*****ed the contract. If Wesbank filled in the correct engine number and chassis number, the computer would not have accepted a description of FZ6 Fazer and I would have obviously not signed the contract. So the engine and chassis numbers were deliberately altered so that the computer would accept a description of FZ6 Fazer instead of the description of the actual bike which is a XJ6F Yamaha. In other words had the correct details been put on the contract they knew I wouldn't have signed. Wesbank went to extra measures to make sure I did not know what I was buying. This is the most blatant daylight ***** I have ever witnessed from a bank.
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Gary C's update03 Aug 2021, 11:33
Reviewer Update
So far it's been a week since I requested then demanded a copy of the audio recording of the contract in question, and still nothing. Instead Wesbank is more interested in wether or not I have legal representation. And so far no feedback from Wesbank unless I first send and e-mail. I was promised a response by last week Friday. But nothing as yet. Wesbank has for four years continually tried to cover this all up at my expense. This has been a horrible ordeal for me that lasted 7 years and somehow I don't think Wesbank understands the seriousness of the charges I have called them out in. ********** Misrepresentation of contract. There is no other word for what Wesbank have done to me.
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Gary C's update03 Aug 2021, 13:29
Reviewer Update
I have new information that Wesbank secretly app**** in court to change the particulars of the contract without any notification or permission from me being a party to this contract. And I think it's going to get more devious as MY investigation continues. They pulled no stops in trying to cover this ***** up.
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Gary C's update03 Aug 2021, 15:37
Reviewer Update
So basically when Wesbank sent the Sheriff to repossess a non existent FZ6Fazer Yamaha and the Sheriff failed because the details of the bike did not mach the contract. They then without notifying me or requesting any agreement on my side,secretly went to court to try change details on the contract to ensure a smooth .repossession. Wesbank broke their promise by not responding when they said they would and so I will also break my promise to stop posting comments on Hellopeter. WESBANK YOU ARE BLATANTLY GUILTY OF COMMITTING ********** MISREPRESENTATION OF SAID CONTRACT. I'll never stop fighting Wesbank on this contract and ill take this to every other public platform that I can. And to the highest courts, formally and publicly.
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Gary C's update04 Aug 2021, 11:54
Reviewer Update
Update. Wesbank have still not provided me with the phone recording of the said contract. Apparently someone within Wesbank have or are trying very hard to delete the recording. You can phone Wesbank and ask for any phone recording and they'll pick it up in minutes. But not this recording. But don't worry you *********** Wesbank fools. I don't even need the recording to lay charges of ***** against Wesbank and take them to court. It seems to me that the person in charge of this investigation is making every effort to cover up evidence. First time wesbank sent the Sheriff to repo the bike, the papers were not in order so the Sheriff was unable to repo the bike. So can anyone guess what Wesbank done then. Lol. They sent another sheriff with the same papers as the Sheriff before him. And again sheriff number two was unable to repo the non existent bike. Lol. So xan anyone guess what Wesbank done? Lol they sent sheriff number 3 with the exact same paper's and sheriff number 3 was also unable to perform a legal repossession. So the Wesbank geniuses sent a 4th sheriff. Who predictably also did not repo the bike. So on the 5th repo attempt the geniuses from Wesbank sent 3 of their cleverest legal team members, 3 plain clothed police officers and a women who was on the phone on a conference call to try repo the bike for the 5 th time. And again Wesbank left empty handed. With advise from the three police oficers they brough with them that the contract is a *****. Yet the incompetence of Wesbank legal team have now led them on a 6th hunt fir this bike. Wesbank have had the sheriff of the courts coming and going like a multiple orgasm. Wesbank legal teams incompetence and ignorance knows no bounds. I nor the Sheriff of the courts have ever dealt with such incompetence untill dealing with Wesbank. Even the person handling this complaint is totally and utterly useless and a lier.And does not have a legal clue what to do next.
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Gary C's update04 Aug 2021, 14:39
Reviewer Update
At the end of the day Wesbank, lifestyle Yamaha and multiple witnesses knew I wanted a Yamaha FZ6 Fazer. Wesbank knew that if they put XJ6F Yamaha on the contract I would never have concluded the deal and would have cancelled. So it is such a convenient bona fide error on Wesbanks part to put the details of the bike I wanted on the contract. Even when I took the motorcycle for it's first 1000km service, Lifestyle Yamaha wrote FZ6 Fazer as the description of the bike being serviced. All stops were pulled between Lifestyle Yamaha and Wesbank to ensure I believed I was buying a Yamaha FZ6 Fazer. Now that Wesbank want to repossess the FZ6 Fazer, they cannot. Because of their own ***** and incompetence. Wesbank. You put me through hell and you will not get away with this. I'll fight this in court and publicly for another seven years if need be.
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Gary C's update19 Aug 2021, 15:03
Reviewer Update
OPEN LETTER TO THE CEO OF WESBANK.

Please intervene in this madness that your bank is putting me thru. It is not fair. It is not ethical and it is total and utter disrespect for a client that wanted one thing and was conned into taking something they did not want. Not by mistake or error in drafting the agreement, but blatant ********** Misrepresentation of contract. Please intervene in this shocking case as your legal team along with the so called legal manager have been trying for 4 years to cover this case up. Please intervene so I can finally get some rest. This is going on and on with no end in sight. And is destroying my life. I honestly hope you as the CEO of Wesbank can see that this is killing me slowly. And I wish I never dealt with Wesbank to start with.