Motor Vehicle Repairs - BMW 1 series

bernievl

New Member
Joined
May 7, 2018
Messages
1
Hi, I am a female and what I know about the workings of a car engine is scary to say the least, so after I heard a noise coming from the front of the engine, I stopped the car immediately after the noise started as I was not sure if it was serious or not. I drive a 2009 BMW 120i Convertible. I contacted the workshop to collect the car on a flatbed as I did not want them to drive my car to the workshop, they in any event drove the car to the workshop. I asked them to run a diagnostic and then while the car was there, to do a service and change the valve stem seals (I googled) as the car was smoking slightly. They continued to strip the car's engine without my consent after which they sent me a bill for R20 000 to have the car repaired. By this time I was fuming as I did not ask them to strip the motor and they stated that they could not put it back together again. I had no alternative but to pay the R20 000. This was paid in December. I had been struggling to get my car from the workshop and eventually in March they told me to collect the car after a supposedly engine overhaul. I only made it half way to the office when the engine light came on and the car lost power. The car was also by then, smoking worse than what is was when it went into the workshop. I contacted the workshop to collect the car on a flatbed and remedy the situation, which they did 2 weeks later, but instead of sending a flatbed, they continued to drive the car as is, and still continued to drive it for 3 days afterwards as is. After numerous emails and requests for updates on my car, I finally gave up and collected my car on Saturday (almost 6 months later), only to find my car in a worse condition than when they collected at the end of November last year. It is still not drivable at all. The windscreen is smashed, all the sensors including the oil and park distance control are not working, there is damage to the body, the front bumper is not aligned etc. etc. The service is now 380 km overdue according to the car’s electronic warnings. The Consumer Protection act stipulates that a workshop may not do any work unless I have authorised the repair. They don't want to give my old parts back to me so as a woman, I have no way of knowing what parts were replaced. I only received a quote once the engine was stripped. The consumer protection act also stipulates that the old parts replaced need to be handed over to the customer.
They also used my car for personal use and drove approximately 300km with my car and accumulated toll fees, which they refuse to pay.
I will need to have the car repaired by another workshop. I have laid a complaint with the MIOSA, but the process is a very lengthy one and I have been without a car for almost 6 months now. I cannot afford to wait any longer as I use my car for business. I know that the warranty on the parts replaced will be voided as soon as someone else touches the engine, but I have given then ample time to remedy the situation to no avail. I cannot send my car back there again, so the warranty is of no use to me. Even if the parts fail (which I have no idea which parts they replaced), I will not feel comfortable with sending my car back to them to remedy.
So I just have 2 questions
1. Can I claim R15 000 in the small claims court to try and recover some part of the R20 000 I paid?
2. Can I lodge a separate claim for damages after the car is repaired for a smashed windscreen, damage to the body of the car, private usage, toll fees, car hire etc.
 

SauRoNZA

Honorary Master
Joined
Jul 6, 2010
Messages
34,086
So you asked them to replace the valve stem seals...based on a Google but then wanted to query why they would strip the engine after you literally gave them instruction to do so?

Also you need to use paragraphs otherwise nobody else is going to bother even reading that far.
 

gamer16

Honorary Master
Joined
Nov 3, 2013
Messages
10,135
So you asked them to replace the valve stem seals...based on a Google but then wanted to query why they would strip the engine after you literally gave them instruction to do so?

Also you need to use paragraphs otherwise nobody else is going to bother even reading that far.
^This

Also, which workshop is this? Is this a BMW workshop which is supposed to be servicing your car under warranty?
 

Leeash

Member
Joined
Sep 26, 2018
Messages
12
hi

Can someone pleeezzz help with some advice on how to take this matter foward?

Basically I purchased a vehicle from Aksons Durban and the licence disk and log book has the incorrect description of the car which states Hatchback and not sedan. This has led to me not being able to register my vehicle for Taxify.

This issue was reported to Aksons in May 2018 as I purchased this vehicle to use for business purposes and upon registration with Taxify the issue was raised and unfortunately I have lost out on a business opportunity due to Aksons negligence.I have tried to resolve this with Aksons but received no joy and therefore handed it over to an attorney and due to the exorbitant fees affordability became an issue and then referred the matter to RMI who could not assist because Aksons is not affiliated with them. I am now sitting with a vehicle that cannot be utilised for the purpose that is was purchased for. This has really made life difficult for me as this vehichle would have assisted me in supplementing my income and failed to do so.The vehicle is just less than a year old and I have picked up numerous faults which should have been picked up by Aksons. I am aware that this is not a brand new vehicle but its still under finance with the bank and I cannot pay for Something that has so many issues. I am really frustrated because I have been running around in circles to resolve this issue with them and got no joy.

I have contacted IDA and then was referred to MIOSA in early October 2018 and received a case number where the the respondent Aksons was given 10 days to respond after all documents were submitted. To date I have not yet received a response on the matter.
 

henkc

Well-Known Member
Joined
Mar 8, 2009
Messages
169
I contacted the workshop to collect the car on a flatbed as I did not want them to drive my car to the workshop, they in any event drove the car to the workshop.
Which workshop? BMW or another one?

They also used my car for personal use and drove approximately 300km with my car and accumulated toll fees, which they refuse to pay.
It could be a long shot, but unauthorised use of your car could be seen as theft!

Do you have a tracker in the car?
 
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