Dealer asking money for repairing my trade in vehicle, after initial deal ws cancelld

IanEra

New Member
Joined
Apr 5, 2016
Messages
6
Hi guys,

I have been a lurker of mybroadband for years now and never registered or got involved in discussions but now I am in need of advise and hope you guys can help me!

We purchased an Audi A4, 1.8T from a dealership on 16 March 2016 and collected the vehicle on said date.
We traded in my old Nissan Micra with a settlement by Wesbank.

We left to go on holiday on Saturday 19 March and only travelled approximately 130km with the vehicle when it lost power and gave oil pressure warning indications.

We immediately stopped the car and towed the car to one of our relatives house close by in Witbank, and also Immediately informed the dealership.

The dealership collected the car from our relatives house on Monday 21 March.

On collection the car was still running and in full working condition but the Oil warning light was still on and the engine was slight noisy.

We contacted the dealership on Tuesday afternoon 22 March as we did not receive any correspondence from the dealership yet, they told us the car has not been looked at yet
as they were waiting for a technician to look at the car.

When we spoke to the dealer on Wednesday morning, 23 March, still no correspondence from their side, he said he was currently test driving the car and that he felt there was no fault
with the car but that they will change the oil filter as a precautionary measure and let us know later that afternoon once it is done.

Wednesday afternoon we sent the dealership a message asking for feedback with no reply.

We once again contacted the dealership on Thursday afternoon, after no feedback from the previous day. He responded with a message stating that the oil filter is not the problem but that next week Tuesday
somebody will come and remove the oil sump for suspected debris in engine and that they will be closed from today and will not be available till next Tuesday.

The entire next week they took the entire week to "diagnose" the cause of failure and only stated he is they were looking into it.

We were phoned last Friday the 01/04/2016 and was advised the vehicle is fixed and they are going to come collect it.

Once I received the vehicle the oil pressure light was off and the engine idled smooth with no noises.

Drove it the entire Saturday running errors in town and vehicle was not driven for long periods.

Sunday morning I started the vehicle the engine was extremely noisy and you could definitely hear the internal metal components running without lubrication.

I recorded the noise and sent it to the repairer, he replied and asked that I bring the vehicle in,

At this stage I was done, I knew my rights and was not willing to become a victim of this dealer bullying people and taking chances on repairing the vehicle half assly, and I draft up a letter advising we are requesting to return the vehicle and reverse the deal.

And advised them as per the National Credit Act (Sec 55 (3) and Sec 56);

1; would like to return the vehicle as its not fulfilling the particular purpose we bought it for,

2; vehicle presented to be not durable and usable for a reasonable period of time and not currently in working order,

3; requesting to reverse contract/transaction of MFC finance,

We delivered the vehicle and letter yesterday to the dealer and was phoned yesterday afternoon stating its fine they understand why we would do this, and agreed to cancel the deal,

BUT,

Now suddenly they are stating our trade in vehicle broke down the day after they took delivery on the 16/03/2016. The clutch slave cylinder apparently broke and they have already removed the gearbox and will charge the costs from them repairing the clutch from the settlement from MFC?

Now firstly, can they do this? Why was this not disclosed to us that we would be liable for the cost of the repairs from the beginning when it broke down and why only now when the deal was cancelled its a issue now?

Can a deal be settled conditionally? Meaning they will pay a potion and we should pay the rest the amount to MFC the amount which it took to repair the vehicle?

Is he bluffing as I don't think MFC would agree to this as they would like the settlement to be once off, and then he would try to ride us for the rest of the money?

How much liability do I have as the person that traded in the vehicle as this is a wear and tear component?

And could I polity tell the dealer to go flight a kite as he never disclosed that we would be liable for this repair and they have already started with the work?

Please shed some light on this situation
 

ToxicBunny

Honorary Master
Joined
Apr 8, 2006
Messages
91,034
Hi guys,

I have been a lurker of mybroadband for years now and never registered or got involved in discussions but now I am in need of advise and hope you guys can help me!

We purchased an Audi A4, 1.8T from a dealership on 16 March 2016 and collected the vehicle on said date.
We traded in my old Nissan Micra with a settlement by Wesbank.

We left to go on holiday on Saturday 19 March and only travelled approximately 130km with the vehicle when it lost power and gave oil pressure warning indications.

We immediately stopped the car and towed the car to one of our relatives house close by in Witbank, and also Immediately informed the dealership.

The dealership collected the car from our relatives house on Monday 21 March.

On collection the car was still running and in full working condition but the Oil warning light was still on and the engine was slight noisy.

We contacted the dealership on Tuesday afternoon 22 March as we did not receive any correspondence from the dealership yet, they told us the car has not been looked at yet
as they were waiting for a technician to look at the car.

When we spoke to the dealer on Wednesday morning, 23 March, still no correspondence from their side, he said he was currently test driving the car and that he felt there was no fault
with the car but that they will change the oil filter as a precautionary measure and let us know later that afternoon once it is done.

Wednesday afternoon we sent the dealership a message asking for feedback with no reply.

We once again contacted the dealership on Thursday afternoon, after no feedback from the previous day. He responded with a message stating that the oil filter is not the problem but that next week Tuesday
somebody will come and remove the oil sump for suspected debris in engine and that they will be closed from today and will not be available till next Tuesday.

The entire next week they took the entire week to "diagnose" the cause of failure and only stated he is they were looking into it.

We were phoned last Friday the 01/04/2016 and was advised the vehicle is fixed and they are going to come collect it.

Once I received the vehicle the oil pressure light was off and the engine idled smooth with no noises.

Drove it the entire Saturday running errors in town and vehicle was not driven for long periods.

Sunday morning I started the vehicle the engine was extremely noisy and you could definitely hear the internal metal components running without lubrication.

I recorded the noise and sent it to the repairer, he replied and asked that I bring the vehicle in,

At this stage I was done, I knew my rights and was not willing to become a victim of this dealer bullying people and taking chances on repairing the vehicle half assly, and I draft up a letter advising we are requesting to return the vehicle and reverse the deal.

And advised them as per the National Credit Act (Sec 55 (3) and Sec 56);

1; would like to return the vehicle as its not fulfilling the particular purpose we bought it for,

2; vehicle presented to be not durable and usable for a reasonable period of time and not currently in working order,

3; requesting to reverse contract/transaction of MFC finance,

We delivered the vehicle and letter yesterday to the dealer and was phoned yesterday afternoon stating its fine they understand why we would do this, and agreed to cancel the deal,

BUT,

Now suddenly they are stating our trade in vehicle broke down the day after they took delivery on the 16/03/2016. The clutch slave cylinder apparently broke and they have already removed the gearbox and will charge the costs from them repairing the clutch from the settlement from MFC?

Now firstly, can they do this? Why was this not disclosed to us that we would be liable for the cost of the repairs from the beginning when it broke down and why only now when the deal was cancelled its a issue now?

Can a deal be settled conditionally? Meaning they will pay a potion and we should pay the rest the amount to MFC the amount which it took to repair the vehicle?

Is he bluffing as I don't think MFC would agree to this as they would like the settlement to be once off, and then he would try to ride us for the rest of the money?

How much liability do I have as the person that traded in the vehicle as this is a wear and tear component?

And could I polity tell the dealer to go flight a kite as he never disclosed that we would be liable for this repair and they have already started with the work?

Please shed some light on this situation
Was the tradein value enough to settle your existing finance with MFC, if so then you owe MFC absolutely no money at all.

They may have spent money repairing the Micra which you would have to re-imburse them for if you want the vehicle back and they haven't sold it.... BUT you can never be 100% sure that the value they charge is accurate since the vehicle wasn't in your possession at the time.

Ultimately, IF the trade-in zero'd your existing finance, then your best solution is to just cancel the A4 deal and go find something else... stop trying to deal with this dealer.
 

Nerfherder

Honorary Master
Joined
Apr 21, 2008
Messages
25,461
They need to be able to give you the broken parts, if they can't then they can take a hike.

The two deals are actually seperate, one you sold a Micra to them, two they sold you a Audi.
If they can prove that the gearbox was a major issue at the time of sale then you guys might have to come to an agreement. They must deduct the cost of the repirs from the money they pay you back.

Let them prove the problem though
 

IanEra

New Member
Joined
Apr 5, 2016
Messages
6
Was the tradein value enough to settle your existing finance with MFC, if so then you owe MFC absolutely no money at all.

They may have spent money repairing the Micra which you would have to re-imburse them for if you want the vehicle back and they haven't sold it.... BUT you can never be 100% sure that the value they charge is accurate since the vehicle wasn't in your possession at the time.

Ultimately, IF the trade-in zero'd your existing finance, then your best solution is to just cancel the A4 deal and go find something else... stop trying to deal with this dealer.
The Micra was with Wesbank and he settled our amount in full with R2000.00 left on what he gave us for the it,

So I'm correct in saying the deals where completely separate, the Micra was checked by them, driven by the, and was accepted in the condition it was in on the day of the trade in by them. and what transpired after that is his liability as he did not inform us of the repairs and started the work on his own without letting us know?

Ultimately then if the deal is cancelled by MFC for the Audi and we don't want the Micra back we could just walk away?
 

ToxicBunny

Honorary Master
Joined
Apr 8, 2006
Messages
91,034
The Micra was with Wesbank and he settled our amount in full with R2000.00 left on what he gave us for the it,

So I'm correct in saying the deals where completely separate, the Micra was checked by them, driven by the, and was accepted in the condition it was in on the day of the trade in by them. and what transpired after that is his liability as he did not inform us of the repairs and started the work on his own without letting us know?

Ultimately then if the deal is cancelled by MFC for the Audi and we don't want the Micra back we could just walk away?
Ok, so you walked away R2000 in the clear from the Micra?

He legally and officially bought the vehicle from you at that point, anything that happened after that is their problem not yours.

Walk away from the MFC deal (get it cancelled), and go find another dealership.
 

IanEra

New Member
Joined
Apr 5, 2016
Messages
6
Also he now suddenly had a change of heart and advised he has spoken to his lawyers and will give the Micra back in the condition he got it so we advised to put in in writing. awaiting his response
 

IanEra

New Member
Joined
Apr 5, 2016
Messages
6
Did the sound disappear once warm? If yes, it was most probably the timing belt tensioner.
After this video I didn't drive the vehicle as is, and left it there till my wife took the vehicle to the dealer yesterday and advised me the noise remained there and got worse 2 blocks from the dealer.

The best part is MFC mailed me a letter which their response was there is nothing wrong with the car and the client(me) is being unreasonable.
 
Last edited:

IanEra

New Member
Joined
Apr 5, 2016
Messages
6
Particulars of above matter,

Contract signed date: 16/03/2016
Took delivery of vehicle: 16/03/2016
First signs of mechanical breakdown: 19/03/2016
Vehicle stationary till in position of dealer: 21/03/2016
Vehicle returned to seller: 01/04/2016
Second signs of mechanical breakdown: 03/04/2016
Requested of cancellation of contract given in writing: 04/04/2016
Return of vehicle to dealership: 04/04/2016
 

Ancalagon

Honorary Master
Joined
Feb 23, 2010
Messages
16,977
Not your problem - you could just say keep the Micra then. Tell them to get stuffed.
 

ToxicBunny

Honorary Master
Joined
Apr 8, 2006
Messages
91,034
Also he now suddenly had a change of heart and advised he has spoken to his lawyers and will give the Micra back in the condition he got it so we advised to put in in writing. awaiting his response
Tell him you aren't interested in the Micra.. that deal is concluded to your satisfaction...

And get the deal for the Audi cancelled and walk away.
 

Voicy

Honorary Master
Joined
Sep 19, 2007
Messages
11,123
Tell him you aren't interested in the Micra.. that deal is concluded to your satisfaction...

And get the deal for the Audi cancelled and walk away.
If they say they're unhappy with the transaction and want to reverse it tell them the vehicle is no longer in the same condition that it was sold as they changed it, thereby waiving the right to a refund.

Just imagine how they'd tell you to go get stuffed if you changed something on the Audi and then wanted to give it back.
 
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