Rights regarding Car Payments

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JET@WORK

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Guys, Two things.

I bought a 1 year old polo player for 78K in November 2007 from AA Autobay. I have been paying about R 2,100 a month via debit and it increased to about R 2,200 with the increase in rates. Total Debt around 120K

I had a problem with my bank and paid the first 3 months of 2008 via EFT.

Its been a year now and some new administrators are telling me that I am R1,116 behind with my payments. I had this before sometime in May and Paid it and they are now giving me the same story which I think its just a scam.

One other Thing.

01 December 2008, R 2,200 deducted from my bank account via debit from the AA Motors Guys, then 19 December R 2,200 deducted via debit again by AA Motors. Now the new administrators call me and tell me that I have some outstanding amount which I asked them to email me my statement. It now reads that R 2,200 + R 1,116 is due on 01 January 2009. This means that in a space of two months these guys would have taken Over R 7,500 from my bank account.

What are my rights in this matter? Is this not Theft in a way as they are only supposed to take my money on the first of each month.

Thanks in advance for all your help.
 
JET@WORK said:
I had a problem with my bank and paid the first 3 months of 2008 via EFT.
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So, you never skipped paying?

JET@WORK said:
Its been a year now and some new administrators are telling me that I am R1,116 behind with my payments.
Click to expand...
How so, did u skip paying?

JET@WORK said:
I had this before sometime in May and Paid it and they are now giving me the same story which I think its just a scam.
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Were u really behind?

JET@WORK said:
then 19 December R 2,200 deducted via debit again by AA Motors.
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Did you find out what was this deduction for?

JET@WORK said:
What are my rights in this matter? Is this not Theft in a way as they are only supposed to take my money on the first of each month.
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I think you should present them with all the statements from the beginning that illustrates that you have been paying them and take it from there.

Best of luck
 
Yea, do what Maelly said but physically go into their offices and speak to someone there (preferably a manager)

Over the phone/via email won't get you anywhere fast. Especially if they're just number crunching drones.

Prepare all the documents (make copies so they can keep them) and then write down/type out a summary of the deductions over the year or so you were paying.

Then highlight the fact of the double deduction in December and the now (supposed) deduction of the 2200+1160 on the 1st of January. Then mention that if they insist on this money, especially since you were debited twice in one month without prior notification, you will take it to the ombutsman who will handle it from there and log a police report of theft against AA Autobay. (only use the latter if they refuse to help even after the ombutsman, not all in one breath, otherwise you'll seem too aggro and you might put them on the defensive too easily which means you'll really get NO where)
 
JET@WORK said:
Guys, Two things.

I bought a 1 year old polo player for 78K in November 2007 from AA Autobay. I have been paying about R 2,100 a month via debit and it increased to about R 2,200 with the increase in rates. Total Debt around 120K

I had a problem with my bank and paid the first 3 months of 2008 via EFT.

Its been a year now and some new administrators are telling me that I am R1,116 behind with my payments. I had this before sometime in May and Paid it and they are now giving me the same story which I think its just a scam.

One other Thing.

01 December 2008, R 2,200 deducted from my bank account via debit from the AA Motors Guys, then 19 December R 2,200 deducted via debit again by AA Motors. Now the new administrators call me and tell me that I have some outstanding amount which I asked them to email me my statement. It now reads that R 2,200 + R 1,116 is due on 01 January 2009. This means that in a space of two months these guys would have taken Over R 7,500 from my bank account.

What are my rights in this matter? Is this not Theft in a way as they are only supposed to take my money on the first of each month.

Thanks in advance for all your help.
Click to expand...
Get all your statements from your bank to show when you paid - including the EFTs. Get all the invoices as a statement from the different administrators/companies getting paid. The consolidate the payments against the invoices and present this to the administrators. If they screwed up, get them to pay you back (threaten going to the credit ombudsman, it will get their attention). The new credit act gives you much more clout.
 
I would do the following:
a) Instruct your bank to stop the debit order
b) Obtain a lawyers letter instructing AA that you believe there could be fraudulant activity on your bank account - I am sure there is a lawyer in these forums that will do this for you or seek legal aid it is cheaper than you think.
c) send this letter via registered post, with a tracking number
d) instruct them that you are willing to discuss this matter and wish to resolve it

Unfortunately with most companies you have to fight fire with fire...if you honestly have done nothing worng then you dont have anything to fear and they cannot repossess your vehicle as you sent them a lawyers letter stating your intention to resolve this matter and that you suspect fraud. Send a copy to their lawyers as well, it is easy to find out who they deal with.

Good luck
 
Elfpierre said:
I would do the following:
a) Instruct your bank to stop the debit order
b) Obtain a lawyers letter instructing AA that you believe there could be fraudulant activity on your bank account - I am sure there is a lawyer in these forums that will do this for you or seek legal aid it is cheaper than you think.
c) send this letter via registered post, with a tracking number
d) instruct them that you are willing to discuss this matter and wish to resolve it

Unfortunately with most companies you have to fight fire with fire...if you honestly have done nothing worng then you dont have anything to fear and they cannot repossess your vehicle as you sent them a lawyers letter stating your intention to resolve this matter and that you suspect fraud. Send a copy to their lawyers as well, it is easy to find out who they deal with.

Good luck
Click to expand...

Your credit rating will be shot to bits though...
 
Hi Guys,

Thank you for the advice, I have spoken to the lady and she might be a member of this forum as she apologized for two debits and offered to assist me in finding what the problem might have been.
the R1160 that I am supposed to be owing they might be owing that to me. A month was shown as skipped but it also reflects as I paid 1160 over what was supposed to be paid. I either must have skipped a month and paid half or they took more than what they were supposed to do.

I am talking to her tomorrow and she has assured me that they at least will not be taking any money from my account until 01 Feb 09.

If it is proven that I owe that amount then I will pay it but I must say that she is more helpful and understands than the previous people that used to handle my account and admits that it might have been their fault (their meaning both the previous administrators and the new ones).

Why cant all the change be for the better? Lucky me!

Thanks Guys.
 
I hope she pitches for work tomorrow and that the debit order doesn't go through.

I've learnt from experience, proof > what people say.

So if no debit order goes off she might have actually spoken some truth. Like I said, some people take pride in their work, others just drone by. Those drones.. **** dude.. they hardly listen to logic. Really makes me want to cry.

gl
 
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