New Consumer Act and 2nd hand car sales

And this is the part where we moan. If somebody rendered real bad service, weewee'd you off, caused you damage or cheated you (vehicle related), please please let us know by posting it here.
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Bluemoon
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Real Name: Paul
Location: Brackenfell

Fri May 13, 2011 10:14 am

Hi All

Not sure where to post this thread, maybe one of the admins can move it if it is in the wrong place. I won't name the dealer in my case until I give them fair chance to reply to my complaints.

I bought a bakkie that I was told was accident free apart from just the bumper being replaced as it was cracked. I have since found out that it has been in quite an accident as even the right hand side wall of the engine bay has been replaced (new section welded in). Reason I eventually found out was a friend of mine noticed the VIN plate had been drilled off and re-riveted on the engine bay wall. That is how far the impact protruded into the that side of the bakkie.

My first step is to go to the AA to get an official, independant report on the condition of the bakkie, this I will hopefully be doing on monday. In the meantime I found some interesting reading.

http://consumerlaw.co.za/faq/how-does-t ... -salesman/" onclick="window.open(this.href);return false;

I will keep you up to date as to how all this goes over the coming weeks.

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Maddoglips
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Fri May 13, 2011 11:20 am

Paul

Ask them for there policy regarding sales of vehicles.

My m8's mother had her Seat for 16 months and wanted to trade it in, when having places look at it for valuation, they noticed signs of previous damage on the vehicle.

After an inspection by an independant company and vehicle check, it was confirmed the vehicle was involved in a collision and repaired before she had baught it.

With this, she then approached the company from whom she had purchased it (there policy not to sell accident damaged vehicles) the 16months prior along with her lawyer, long story short, they refunded her, the entire purchase price.

I'm sure with the new act, you'll get even better attention and response.

Good luck
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Taro17
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Fri May 13, 2011 2:20 pm

Son of a B :aggresive:

I wish I had this info earlier. Went through the same thing, unfortunately sold a vehicle for next to nothing because of this :cry:
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ToyX4
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Sun May 15, 2011 6:27 pm

Taro17 wrote:Son of a B :aggresive:

I wish I had this info earlier. Went through the same thing, unfortunately sold a vehicle for next to nothing because of this :cry:
Taro, I had the same thing. This happened before the new CPA, and thus I took a huge knock just to get rid of the vehicle. In hindsight I should've fought the bastards!
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Bluemoon
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Mon May 16, 2011 10:29 pm

Hey guys, I took the bakkie back today and they accepted it without any hassles and gave tons of apologies. The manager told me that I will have confirmation of the finance being cancelled in 2-3 days and my deposit will be back in my account with a week. So I will be right back where I started soon and still not have the Raider D/C I have always dreamt of owning :(

I found a little more info so I thought I would put it below just in case someone has the misfortune of the same experience but with less co-operation from the dealer.

If the vehicle was bought after 1 April 2011 then the Consumer Protection Act is applicable and in terms of the Act goods can be returned within 6 months after the date of delivery. It is obviously advisable to return the vehicle and have the situation remedied sooner rather than later.

If the dealership is not co-operating you are entitled to lodge a complaint with the Consumer Commission and they will conduct an investigation. The Consumer Commission may be contacted on 0861 843 384. Alternatively you may contact the Department of Trade and Industry on (012) 394-9500.

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The Legend
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Tue May 17, 2011 5:09 am

Paul,
I am glad to see that the dealer sorted your problems out with any hassels. :thumbup:
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Mountain Man
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Tue May 17, 2011 1:22 pm

Well done Paul, I'm glad to see you came right. Nothing worse then having that situation hanging over your head with no way out.
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Stef
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Tue May 17, 2011 2:24 pm

Hats off to the dealer :thumbup:

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Dingo
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Tue May 17, 2011 2:28 pm

How does the consumer act protect the buyer if he/she buys from a private individual / private sale.

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arnize2
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Tue May 17, 2011 2:53 pm

Die CPA is net van toepassing wanneer die verskaffer iemand is wat die produkte verkoop as 'n besigheid. 'n Privaat transaksie is nie onderworpe aan die CPA nie.

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arnize2
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Tue May 17, 2011 3:16 pm

Ek kan dit eintlik beter stel in Engels:
The CPA is applicable when the marketing of the goods is in the ordinary course of business of the seller. :acute:

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Bluemoon
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Tue May 17, 2011 5:51 pm

:thumbup:

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ChrisF
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Tue May 17, 2011 7:57 pm

so if you buy "voetstoots" from a private person then you better check it out properly before you pay. (?)

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Bluemoon
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Wed May 18, 2011 10:48 am

Yes, take it to the AA for an evaluation if you can. The new consumer act won't cover you in that case.

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Dingo
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Wed May 18, 2011 10:54 am

Thanx for the info - :thumbup:

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swartvark
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Wed May 18, 2011 3:50 pm

When selling a used vehicle, I normally give an AA certificate with. Then the client knows exactly what his buying.

The bad thing about this act is that the dealers will now pay even less for your trade-in, because they have to give a six month warranty instead of the normal 1 month or 1600kms.

They might even be too scared to trade in your Merc or Volvo after the factory warranty expired.
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ChrisF
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Wed May 18, 2011 6:02 pm

Tiaan dit kan interesant raak !

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arnize2
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Thu May 19, 2011 10:05 am

Ons moet net onthou dat al die ander wette, reels en regulasies is nog steeds van toepassing, soos bv. wanvoorstelling, verswyging van gebreke, ens. Die CPA maak dit nou net moeiliker vir oneerlike besigheidsmense om met skelmstreke weg te kom. Daar sal natuurlik weer die enkele verbruiker wees wat weer die dam sal ruk, maar nou ja!!??

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swartvark
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Thu May 19, 2011 12:53 pm

Daar's natuurlik ouens wat dink hulle kan 'n nuwe voertuig koop en dit dan na 6 mnde terug gee vir een of ander simpel rede. :crazy:
Wel hulle kan, maar wat hulle in ag moet neem is dat die handelaar kan geld aftrek vir waardevermindering ens. :eh:

Dit kom basies net neer op 'n helse klomp admin om die handelaar se g@t te cover, want ek het al agter gekom dat daar baie meer slinkse verbruikers is as handelaars.........veral as hulle na 3mnde agterkom dat hulle nie regtig die nuwe vuurwa kan bekostig nie. :shh: en 'n "easy way out" soek. :think: :think:
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MUD........GLORIOUS MUD!!!!!


Your friendly VW salesperson......(with a passion for SFA Hiluxes)

NEED A CAR?
talk2tiaan@gmail.com
0829294028

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Bluemoon
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Thu May 19, 2011 7:29 pm

You're right Tiaan, sad reality is that there will definately be people that will abuse this new act and not only in the car industry but everything else too. I wonder what will happen to the tool hire industry as when you need a piece of equipment for one purpose or use......can you can buy it and then take it back for a refund after you have used it?

jman
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Vehicle: 2010 Toyota Hilux Legend 40 3.0 D4D D/C 4X4
Real Name: Jacques

Wed Aug 24, 2011 2:02 pm

:thumbdown: I recently baught a Hilux form York Auto in George. The initial service was no problem but boy did that change quickly. The moment they delivered the vehicle I contacted the salesman to notify him about the wheel alignment and balancing. He told me to get it sorted and send him the invoice for payment. (I'm in Somerset West and they are in George). Did that but TWT, who by the way did everything possible to sort my problem :thumbup: could not sort my problem with the tyres. Contacted York Auto again and they asked me to take the vehicle to the tyre manufacturer as a last resort. Tyre manufacturer cannot help because there is more than 25% wear on the tyres. Send the report back to York Auto with promises to get back to me on how they would sort out my problem. After numerous e-mails and telephone calls I eventually received a one liner e-mail from the owner telling me how sorry he was to hear about my problems but they do not guarantee tyres.

I understand that they do not guarantee tyres but they should have ensured that the vehicle was in good working condition before it was delivered. The CPA clearly states this fact.

To make it clear, I have not once asked for new tyres, I am merely requesting them to sort out the balancing issues with the tyres. Not once did they contact me to explain their situation or negotiate an alternative solution.

And yes you guessed it, I'm still waiting on the initial R 625 TWT invoice to be paid as promised by York Auto.

LEt's see how far my CPA complaint against them takes me?

Die$eL
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Wed Aug 24, 2011 2:16 pm

EIsh, that aint nice Jacques!

Keep us updated on the progress please. I'd like to see how well the CPA complaint thing works
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WayneSchalk
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Wed Aug 24, 2011 2:21 pm

Bluemoon wrote:Hey guys, I took the bakkie back today and they accepted it without any hassles and gave tons of apologies. The manager told me that I will have confirmation of the finance being cancelled in 2-3 days and my deposit will be back in my account with a week. So I will be right back where I started soon and still not have the Raider D/C I have always dreamt of owning :(

I found a little more info so I thought I would put it below just in case someone has the misfortune of the same experience but with less co-operation from the dealer.

If the vehicle was bought after 1 April 2011 then the Consumer Protection Act is applicable and in terms of the Act goods can be returned within 6 months after the date of delivery. It is obviously advisable to return the vehicle and have the situation remedied sooner rather than later.

If the dealership is not co-operating you are entitled to lodge a complaint with the Consumer Commission and they will conduct an investigation. The Consumer Commission may be contacted on 0861 843 384. Alternatively you may contact the Department of Trade and Industry on (012) 394-9500.
Will be interesting to know what will happen to that bakkie now, will not be surprised if its back on the floor for the next guy to fall for this trap.

I had the same experience some time ago. :aggresive:

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