CPA question with used car

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kim_bcs

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Hi all,

I did a bit of a search but came up empty on this, so I apologise if someone else has asked this before.

To give you an idea of the situation, we bought an Audi A4 2007 model from a large dealer group in Dec 2013 and took possession on the 24th of Dec. On the 5th of Jan 2014 we were driving to Beaufort West when the glow lamp came on and the car lost power. Phoned the dealer and they took the car in to get it fixed. A week later got the car back and they said that the diesel filter had been replaced. Two weeks later the same thing happened again. I called Audi myself and made an appointment and took it in. Audi phoned me two days later and said that they had stripped the car and worst case it was going to cost R70 000 to fix. Called the dealer and they took over the dealings with Audi. A month later got the car back and the dealer said that the problem had been fixed. Exactly a month later the same happened again. By this time I was totally over it and told the dealer I didn't want to car anymore. They bitched a bit, but in the end took the car back and settled with MFC. Now, to my question. I paid my monthly instalments for three months and MFC paid me back the last instalment, but MFC says I need to get the other two instalments out of the dealer. Do I have any recourse according to the CPA? My understanding is that I should be back to square one and therefore not be out of pocket, but is that correct?

Thanks for any advice.
 
That's an interesting question - I have returned a car before, but that was before I paid the first installment.

I think that the answer will be that it is for you to pay, as you actually had use ( although it was obviously in the garage for part of the time) of the car for those two months.

I am not trying to start an argument as to who should pay, just to highlight the route that the dealer will possibly take.

Have you spoken to the dealer?

Edit: I do know that the dealer can take a car back for a period of up to 6 months, but they are entitled to deduct some money for fair wear and tear.
 
Last edited:
Fazda said:
That's an interesting question - I have returned a car before, but that was before I paid the first installment.

I think that the answer will be that it is for you to pay, as you actually had use ( although it was obviously in the garage for part of the time) of the car for those two months.

I am not trying to start an argument as to who should pay, just to highlight the route that the dealer will possibly take.

Have you spoken to the dealer?

Edit: I do know that the dealer can take a car back for a period of up to 6 months, but they are entitled to deduct some money for fair wear and tear.
Click to expand...

I haven't spoken to the dealer yet, I thought I would get as much info as possible first :)
 
kim_bcs said:
I haven't spoken to the dealer yet, I thought I would get as much info as possible first :)
Click to expand...

That's fine, just make an appointment to see the DP and then talk it through with them, remembering that he can actually refuse to pay, because you did have use of the car.

I have found in these dealings that the less hysterical everyone gets, the better the chance of an amicable settlement! :p
 
Work out how much use you had of the vehicle when you had it before speaking to the dealer.
 
The dealer is entitled to deduct usage, wear and tear and deprecation.
 
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