On February 17, Serea Maria Matavela from Randfontein visited the Tsoeu BD Auto car dealership with hopes of purchasing a car. However, what ensued was a series of distressing events that left her grappling with financial burdens and a sense of injustice.

From alleged misrepresentation of car models to undisclosed defects and resistance to contract termination, Matavela has found herself in a nightmare seeking a resolution and justice.

According to Matavela, the ordeal began with a misleading application process orchestrated by a salesman named Joseph.

Despite being informed she didn’t qualify for the car she wanted, Matavela was steered towards a Kia Rio 2018 without being given the chance to explore other options or negotiate terms.

Subsequently, discrepancies emerged regarding the monthly instalment amount and insurance coverage, leading to confusion and frustration.

The trouble didn’t end there. Matavela discovered multiple defects in the purchased car, including malfunctioning lights and a broken boot handle, raising concerns about the vehicle’s safety and reliability. Attempts to cancel the contract within the cooling-off period were met with resistance from the dealership.

“On inspection of the car, I found that the back light was not working, the handle to the boot was broken, and the windows were half way open. I complained about this to the dealer, and he said he would fix the defects and I should take the car back.

“On February 28, a car tracker (technician) came and installed a tracker in the car and also pointed out other defects: the right brake and park back lights were not working (among others).”

Further, she alleged that the dealership failed to disclose crucial information about the car’s condition and omitted key details in the contract. As a result, she says her rights to fair dealing, disclosure, and consumer protection have been infringed upon, warranting urgent action and resolution.

“I took the car to Tsoeu during my rest days on March 7, and also for the number plate to be fitted. On March 9, I was driving to a nearby town when I made a stop and saw smoke coming out of the car. I called the dealership and explained this to them, as I did not know what to do. They told me to let it cool down before driving home.

“I requested that they come fetch the car on a specific day, but was told they are going to speak to Mr Tsoeu on Monday, as I had called and reported the matter on a weekend.

“I left for work on Sunday and left the car in the care of my brother to hand over to the dealer when they arrived. My brother called to find out at what time they would fetch the car.”

A dissatisfied Matavela is calling for a replacement of the car or termination of the contract, citing concerns about future expenses and the risk of owning a faulty vehicle.

Despite efforts to seek assistance from the dealership and the bank involved, she remains embroiled in a protracted battle for justice and restitution.

“Instead, they gave out an instruction that my brother must drive the car for 5km and give them the report. My brother notified me of this, and then I called the dealership and requested to cancel the contract. Should anything happen to the engine or to the car, I was going to be held liable for damages.”

Matavela further said that the car was towed by AAA Recovery on March 14, and has been in the dealer’s possession since then.

“‘I sent an email to Tsoeu BD Auto requesting a termination of contract because the car ... showed a lot of defects. I also sent the email to Nedbank MFC for the termination of the contract. The bank requires me to pay for the full outstanding balance before the contract can be terminated.

“Mr Solly Tsoeu has not replied to my email. He only replied to one email, stating that he would get back to me if the car was still at the workshop. I purchased the car so I could use it to travel to town. Ever since I got the car, I have to use public transport to work, which is costing me double because I have to pay for a car I am not using and transportation.

“I went to the car dealership on March 22 to find out about it because I cannot keep up with my expenses at the moment, and I also wanted to get a resolution to the matter. They have not told me what the problem is with the car, and I can't manage to pay for my transportation and for a car that I do not want, and that has many defects.

“Tsoeu informed me that the car has an issue with the fan; when I demanded proof, he did not produce it and assured me that I would get it when I fetch the car. I don’t want the car any more since I don’t believe the only problem could be a fan. I also don’t want a car that will require me to return it to the dealer within a few weeks of purchase,” Matavela said.

According to the dealership, it is dedicated to providing exceptional service and upholding the highest standards of integrity is paramount in every customer interaction.

“Recently, we encountered a challenging situation involving a customer dispute that requires careful consideration and resolution. The client came to our dealership on February 17 and took the Kia for a test drive.

“We approved her car finance, and we did the finance with MFC as they gave the client the best rate. The client wanted to take delivery the same day after approval. She was in such a hurry to get the car, but we unfortunately still needed to do a roadworthy test and get everything ready for the client.

“We delivered the car the next day late in the afternoon, and on the following day she called us, stating that there were some minor issues with the car, and we told her that we would fix everything when she came and fetched her number plates. As soon as the number plate and her new registration disc arrived, we called her to bring in the car.

“We booked the car in and sorted out all the issues. The client drove the car for over 1 600km, and the vehicle overheated. She then called us again. We advised her not to drive the car any further. We fetched the car with a tow truck and took it to an RMI-approved workshop. They resolved the problem, and the vehicle was fixed and is ready for collection.

“The client signed a contract with MFC and the ombudsman. MFC emailed us a dealership, and we advised MFC what we did as a dealership. The client signed twice with us as a dealership. The first contract included a two-year warranty for the client, but when the instalment was too high, we had to remove the warranty to bring the monthly instalment in line for the client.

"We, as a dealership, did everything in our power to assist the client and went the extra mile. We paid for the repairs on the vehicle after she took delivery, and she drove 1 600km with the vehicle. The client is a learner driver, and even if she bought a brand-new vehicle, she would have felt uncertain about any vehicle.

“The client is threatening us with a criminal case if we bring the vehicle that is fixed to her. She got everyone to call us. The day she was here with her mother and brother, we discussed that we would call her brother once the vehicle was fixed to come and fetch it, and all of a sudden that was not right.

“I don’t think the client understands the situation clearly. You can’t just change a vehicle; there is a valid contract, and there is interest and a certain cost involved that will be for the client’s account,” Tsoeu BD Auto stated.

The Star

nobukhosi.tshabalala@inl.co.za

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