CPA----how does one claim?

**flaker** · 14-Jul-12, 06:36 AM

My niece buys a vehicle from a dealership in Gauteng. She resides in Durban.The car fails in 36 days & 3,000kms.Car was paid for in cash. The dealership rejects responsibility.Damage is estimated at R18,000.she is clearly protected under the new Consumer Protection Act. HOW DOES SHE CLAIM?

does she go to an attorney who sues the dealership (citing the new CPA) for recovery of moneys spent on repairs? Or is there a body that she files a claim with who reconciliates between her & the dealership? if so, who is such a body? how do u get hold of them? are there phone numbers?

Sites i have gone to are "under construction". phone numbers that i have dialled go unanswered.

Help needed

**Dave A** · 14-Jul-12, 07:55 AM

Try the National Consumer Tribunal.

**Kill Joy** · 20-Jul-12, 11:39 AM

Please do more because I really enjoyed reading your article on this. I am really looking forward to part 2 of this post.

**Christel** · 20-Jul-12, 12:00 PM

Hi flaker,
I had more or less the same problem last year... and this is what you can try: Firstly you have to complain to the dealership. Go as high up as you can - dealer principle - do not email, make an appointment and go and see him. If you are not satisfied with the outcome of the meeting, then go to the MIO (Motor Industry Ombudsman). I think you have 6 months from the date of purchase of the vehicle to complain to the MIO. You will find the steps on how to etc on the website. If you are not satisfied with the outcome, you can go to a lawyer, but this is expensive and if you don't win, you need to pay for the costs....

"Right to return the vehicle: The buyer may return the vehicle to the seller within a 6 month period under certain conditions. This is subject to Section 56 (2) of the Act. Wear and tear is excluded. There has to be a proven defect in the car or the buyer must prove that the vehicle was sold to him which was not fit for the purpose for which he bought it. The onus will be on the buyer to provide evidence of such defect. The dealer will then have the option of repairing, replacing or refunding. It is very important to note that the National Credit Act has to fit into the CPA, so if the car you have bought is under a finance agreement, things will be a lot more complicated"

**sterne.law@gmail.com** · 20-Jul-12, 03:36 PM

Originally Posted by ChristelACS

Hi flaker,
I

"Right to return the vehicle: The buyer may return the vehicle to the seller within a 6 month period under certain conditions. This is subject to Section 56 (2) of the Act. Wear and tear is excluded. There has to be a proven defect in the car or the buyer must prove that the vehicle was sold to him which was not fit for the purpose for which he bought it. The onus will be on the buyer to provide evidence of such defect. The dealer will then have the option of repairing, replacing or refunding. It is very important to note that the National Credit Act has to fit into the CPA, so if the car you have bought is under a finance agreement, things will be a lot more complicated"

Small correction - The consumer elects on repair, replace or refund. the section is worded "the supplier must at the consumers discretion....

**Dave A** · 21-Jul-12, 07:07 AM

Originally Posted by ChristelACS

The dealer will then have the option of repairing, replacing or refunding.

That's the bit that fascinates me when it comes to the motor industry. Section 56 of the CPA clearly states it is the customer's option...

**flaker** · 21-Jul-12, 10:58 AM

have been researching this a while now.

The "right to return" a vehicle poses a problem. in this instance the buyer wanted nothing more than return of the vehicle to the dealer & refund of the moneys paid. But this was not possible as the dealer's offer was R5,000 in full settlement. the buyer was left with no wheels as the car sat at a franchise workshop,where it had been towed,awaiting some resolution between buyer & dealer. as a stalemate had been reached the buyer has now opted to authorise repairs, pay for them, and thereafter institute proceedings for recovery of the moneys that have been spent.

Having failed to arrive at a resolution the process is to approach is made to the Motor Industry Ombudsman. i've been to their website and there are claim forms there & the process is well explained. if this fails, then the next step is to approach The National Consumer Tribunal. if then this fails then one finally employs an attorney. I'm hoping that this never gets to that point & i'm confident that the dealer would settle before then.