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Thread: Claim against car dealership

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    Claim against car dealership

    Hi

    I have been battling with a certain car dealership regarding a fault with my vehicle since I got it (just under 6 months ago). They are unable to fix it and refusing to refund me for the vehicle. I have had a legal office issue a letter of demand. I have been told that generally companies wait until a summons is issued before paying. However, that means I have to pay additional legal fees...

    Is there any way of issuing a summons in a personal capacity?

    Many thanks!

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    Gold Member Singhms's Avatar
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    Have you tried the motoring ombudsman?

    http://www.miosa.co.za/
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    Vehicle new or used? was it a franchised dealership or independent?

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    Demo vehicle from Independent dealership.

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    Quote Originally Posted by ForumPoster123 View Post
    Demo vehicle from Independent dealership.
    A demo vehicle is normally sold by the franchised dealership itself. If this is indeed a demo, then i would imagine it be at least less than 3 years old and subject to manufacturers warranty and if this be the case, i would take it up with the the manufacturers franchise dealer.

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    Silver Member Greig Whitton's Avatar
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    Quote Originally Posted by ForumPoster123 View Post
    I have had a legal office issue a letter of demand. I have been told that generally companies wait until a summons is issued before paying. However, that means I have to pay additional legal fees...

    Is there any way of issuing a summons in a personal capacity?
    As an alternative to issuing summons and incurring potentially expensive legal fees, you could try reporting the matter to the National Consumer Commission and/or National Consumer Tribunal. I know of at least one case where the National Consumer Tribunal ruled in favour of a consumer and ordered a car dealership to refund her R30,000+ for latent defects that it refused to repair satisfactorily.

    Be warned, though: justice is unlikely to be swift (the particular case that I am thinking of took two or three years, if I remember correctly).

    Founder of Evergrow - Helping South African business owners grow their business without the growing pains

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    Diamond Member adrianh's Avatar
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    What is wrong with the car?
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    Platinum Member sterne.law@gmail.com's Avatar
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    You can always issue a summons in personal capacity.
    As suggested you can use the consumer tribunal route..you have the choice, repair, refund or replace.
    I suggest a lawyer letter.
    Unfortunately a company will seldom respond until a lawyer is involved.

    These car issues are tricky because one tenders the car as cancellation but you still sit with finance and interim transport issues.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Gold Member Singhms's Avatar
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    Not sure if I am 100% correct, I think the consumer protection act also makes provision for the dealer to deduct re stocking costs if the vehicle is returned!
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