Claim against car dealership

[ForumPoster123]

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!

[AmithS]

Have you tried the motoring ombudsman?

http://www.miosa.co.za/

[flaker]

Vehicle new or used? was it a franchised dealership or independent?

[ForumPoster123]

Demo vehicle from Independent dealership.

[flaker]

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.

[Greig Whitton]

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).

[adrianh]

What is wrong with the car?

[sterne.law@gmail.com]

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.

[AmithS]

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!