To whom it may concern,I have 2 document...

Asked by the Customer on 16-08-2017 16:52:01
Question posted in the General Law category relating to Gauteng

To whom it may concern,

I have 2 documents that are ultimately from the same Vehicle Manufacturer.

1st Document - From Vehicle Manufacturer Local Offices: states that no repairs on the vehicle will solve an issue relating to the burning of too much oil, the amount of oil being burned is considered normal, however there is NO documented limitation for how much oil is allowed to burn according to the Manufacturer.

2nd Document - From a Dealership of this Vehicle Make: states that a Manufacturer Recall for a part on the vehicle will resolve the oil burning issue.

So to begin with, I believe I can be sure with the above 2 *signed* documents, I can at least have the oil for which I have the slips replaced.

However I have been fighting with this with the Dealer and Manufacturer for 7 months, I have not kept all the slips. Also I believe it is a crime by the manufacturer to make fulsified claims. Of course, if I make it public, this will damage both the companies reputation, for possibly the mistake of a few individuals, and I also still own the vehicle, so damaging the company damages me also.

So I find myself in a situation... firstly, I want to be compensated for the pain and effort I have put in and had to deal with, both with literal physical effort, and monetary effort, not to mention the service of the agents was poor and extremely painful, and secondly, I do not at all want the company to walk away with a "slap on the wrist", and if they do, then I will absolutely submit the documents to the press (and sell my vehicle) because I believe that it is grossly unfair for any company to get away with this, so my - I believe fair - opinion would be that the company should lose out somehow but not necessarily with their reputation because that hurts them and me, but if they lose, it stands to reason, both for discovering the fault, and dealing with it, that I should gain (sure, not an insane fortune, but something at least).

So I have a middle ground, but I believe I may be overstepping some legal boundaries if I pursue this "middle ground".

I wish to have the manufacturer give me a vehicle as both compensation and as figurative "fine" for their actions, this ALONGSIDE the ombudsman fine... I see this as a win/win, manufacturer pays a "fine" to me and the ombudsman, and I gain a compensation payment, which still doesn't remove the pain of 7 months of fighting and advising them that many sources say the problem is real, but being ignored, not to mention the emotional frustration involved with this battle.

With the above, there is penance for their crime (because really, that's what it is, a crime) and I am also compensated for the pain of dealing with them for SO long and being on the receiving end of the crime in the first place.

So the crunch question...

First, does the law allowed me to request compensation in the sum of R100,000 to 200,000 in the form of a vehicle ... I assume the manufacturer would have to agree, but am I able to pursue this (most certainly alongside the fine to the ombudsman, because a single vehicle to me will definitely not be a reasonable fine to stop them doing this again)?

Second, If I advised that I would release the documents to the press if I were not compensated in some way, is this considered extortion? The problem is, I was on the receiving end of a crime, but I do not wish to commit a crime in order to be compensated, all the while I truely feel I need to be compensated for experiencing the crime, for fighting the battle, for helping the company correct it's ways without the public knowing (which damages me also)?

It would be unfortunate if the law did not allow consumers to request a figurative "cut" of the fine when they are the ones that both found the case, fought it, and had to deal with the pain in between in the first place.

Please let me know, Thank You!

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.