Hi There I’m seeking advice on a m...

Asked by Zubair on 07-06-2022 13:30:34
Question posted in the Consumer Protection Law category relating to Western Cape

Hi There 

I’m seeking advice on a matter regarding a vehicle I had purchased. I approached a dealership to facilitate finance on a vehicle. The vehicle was being sold by a private seller, however I have no contract or documentation with the seller. I do have a contract directly with the dealership. (i.e they purchased the vehicle from the seller and sold it to me). The cost price of the vehicle was R95000. The bank had agreed to finance it for R75000 and I had to pay a deposit of R20000. Under the instruction of the dealership I had paid the R20000 directly to the seller.

I took delivery of the vehicle and had endless problems with it. I also discovered that the mileage on the vehicle was false (30000km on the clock but it actually had 280000km.) 

I then took the vehicle back to the dealership after 3 months and they agreed to firstly repair the vehicle but upon realizing the cost to repair they agreed to settle the account and refund the deposit I had paid (I have voice notes of the conversations confirming this).

I was then contacted by the seller to meet and sort out some arrangement. I ignored the message and contacted the owner of the dealership who advised me not to communicate with the seller as they're taking legal action against him and that the deal now lies between myself and the dealership  I have nothing to do with the seller  (I have voice notes confirming this too)  

They are now refusing to pay the deposit back to me and they are stating I need to get it back from the seller as they didn’t receive the deposit (again, I only paid the deposit to the seller under the instruction of the dealership).

They are also threatening me with trumped up charges relating to usage of the vehicle and loss of income, towing fees etc. which I know I cannot be held liable for as per section 25 and 26 of the CPA - regarding the return of a defective item  

I need some advice regarding exactly who would be liable to pay me the deposit. And what steps to take if the dealership refuses to pay it  

Any advice would be greatly appreciated. 

Kind Regards 

Zubair 

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