Bad experience buying used Nissan X Taril

Shrich

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Joined
Apr 9, 2019
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5 months ago we purchased a Nissan through a very big dealership up country (we live on the coast). We traded in our Nissan Micra and financed the remainder through a bank. On arriving home we noticed it was leaking oil and overheating. We immediately notified the dealership and took it to a mechanic. The mechanic said that the turbo needed to be replaced and it was agreed in writing that the dealership would cover the costs of the repair. The repair was made and on the first test drive the vehicle cut out. On further nvestigation the whole engine block had been siliconed and and major work had been done to the engine. We then took it to a panel beater for a report which stated that the vehicle had had extensive work. The dash board had been replaced, the body panels repaired and the sub frame had been bent and that the vehicle was unsafe for road use. We contacted the dealership and told them that we had lost confidence int he vehicle and that we wanted a replacement or a refund. They agreed to replace the vehicle with a similar vehicle. After much time nothing happened and they said then that there was no way that they could replace the vehicle. We then asked for a refund. This was within two months of the purchase date. They stopped answering our calls and emails and treated us like criminals.

We contacted the bank, ombudsman and a lawyer who sent out a letter demanding payment. The letter was ignored and our lawyer advised us that going up against these big corporates would only cost us in the end even though we would win the case hands down. We had asked that the deposit be ruturned and that the payments we had made to the finance house be refunded. We had also asked that the hire of a vehicle for 5 months at R150 per day be paid as damages as this was our only means of transport.

The regional manager at the finace house made it quite celar that the dealership was one of thier biggest clients and that they would not rock the boat with them. We asked that we could cancel the agreement and stop making payments as we had had not use of the vehicle for the last 5 months we were told that if anything we owed the dealership month because we had had the vehicle for 5 months. They said that we could not and that the only way would be for the dealership to cancel the deal. The dealership agreed finally to cancel the deal and refund us our deposit but then we heard nothing again. On following up, the regional manager of the finace house said that he had another meeting with the dealership owner and now they would only cancel the deal if we returned the damaged vehicle (not driveable) to JHB...some 1000km away. It would have to go by carrier.

Speaking to another persion in this finance institurion, he confessed that the system was against us and that even if we returned the vehicle there was no guarantee we would get our deposit back or the deal cancelled . We have now suggested that the cost of getting the vehicle back to JHB be deducted off what they owe us but they will not get back to us or answer our calls.

We are desperate to find a solution as we cannot keep on making payments on a vehicle that we do not have. The law says that we are entitled to a refund/return the vehicle within 6 months etc but it seems impossible to do that. The whole system is messed up and it seems that small consumers like us have nothing to stand on even when the evidence is overwhelmingly in our favour.

ANY advice would be much appreciated.
 
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