Hopefully someone can assist me. the situation are as follows:
I ordered a new vehicle from Sweden about 4 months ago. It arrived in SA and I needed the windows to be covered with Anti-Smash & Grab. I asked Volvo to quote me, and they quoted R2800 for the job to be outsourced, while I got quotes from 3rd parties at R1100 to R1400.
After requesting quotes, I was contacted by Gearlocks 2000 in Kempton Park. I did not request a quote from them, so they must have been referred to me from someone else.
The sales lady who contacted me said that they will arrange collection of the car from Volvo and assured me that the car will be in good hands and they will take care of everything. She also assured me that they have insurance in case something happens to the car. Volvo then contacted me to ask if I gave Gearlocks 2000 permission to do the work. I said yes.
Gearlocks never asked me what tint of film I want on the car. When I went to pay for the Smash & Grab, I realised that they put on a dark tint - i never wanted this or intended for that colour to be put on, but no-one ever asked me, so they just ASSUMED I want the dark tint. Gearlocks 2000 also asked me to pay them in cash, so that they won't have to charge me VAT.
I paid them, but told them that I am not happy with the dark film and that it needed to be fixed. The owner then refused to change it at his cost first and wanted to charge me an addition R800 to put the correct film on. I asked him to please just take the film off and give my money back, but then he insisted that I give him a change to fix it and put the correct film on.
2 days later, Gearlocks 2000 delivered the car back to the Volvo Dealership. The moment the car arrived, they inspected the car and found that damage was done to the inside door panels of ALL 4 doors and alerted the driver who delivered the car as well as myself. I contacted GEARLOCKS and they refused to take responsibility for the damage. They wanted all kinds of proof that it was them that did the damage. However, the car was inspected before it was handed over to Gearlocks by Volvo and no damage was recorded.
Gearlocks assured me that if they will resolve the issue and order the 4 panels from Volvo, seeing that it cannot be fixed, but rather the whole panel need to be replaced. the total cost came to R19 000. After they confirmed telephonically that they will place the order at Volvo... and confirmed to Volvo as well, they did not do so. Now, after almost 2 weeks they have logged a claim with their insurance, who is dragging their feet.
I have not taken delivery of the car as yet and am supposed to take delivery of it in 2 days' time. I am now sitting with a vehicle which I am paying alot of money for and yet it is damaged before I have even driven it.
The question is this....
What are my rights ito the CPA?
And who should claim against Gearlocks 2000? Seeing that the car is technically not mine yet and i have not taken delivery of it yet.
Please help me. This is causing so much drama in my life and I am now too scared to engage with them directly. Gearlocks 2000 are dodging the bullet in every possible way. When I phone the owner, Morne, he even answers the phone and tells me: "I promise it is not me, who is talking." when I try to contact him.
All this, while All I wanted is to drive the brand new car that I have ordered to spec and worked so hard for!