Well, I have decided not to take any of the 'deals' offered to me, as they would all end up costing me more per month and paying the dealer for his losses. I told him I would accept my BMW back in a fully repaired state. As I speak, they are replacing the worn out gearbox with a NEW one. I decided the undisclosed accident damage was not so serious as the car was not re-classified as rebuilt, which it would have been if it was a major chassis bender. The replaced gearbox will give me a reliable car for the next 100,000 km which is all that I want.
This may seem a cop-out to some as I would have been fully within my rights to cancel the deal outright, but the hassles of then re-applying for finance, trying to get my deposit back, etc, made this current option the better one for me. The CPA definitely helped as without it, I would have to fork out R18,000 from my pocket above and beyond what the insurance paid for the gearbox repairs.
Thank you CPA.
Thursday 23 June 2011
Tuesday 14 June 2011
Transport at last
At last I have transport - the dealership has provided me a vehicle to drive with until they have sourced another BMW for me. Thanks guys.
Monday 13 June 2011
Sick in bed, waiting for transport
Here I am, sick as a dog, waiting for the dealership to deliver on their promise. Will update as soon as I have news.
- Posted using BlogPress from my iPhone
- Posted using BlogPress from my iPhone
Location:Buccaneer St,Pretoria,South Africa
Friday 10 June 2011
BMW Saga - a solution in sight and a good outcome for CPA
Met with the owner of the car dealership today. I did not even say anything, he offered to find me a replacement vehicle, preferably a newer model, and said that he would arrange a loan vehicle while I was waiting. Excellent service, I just wonder where I would have been WITHOUT the Consumer Protection Act ?
So far, so good - it seems that I will at last have reliable transport again........
Thank you God for your timing in everything.
BMW Saga continues -- Meeting with Secondhand Car Dealership
Well I have this meeting at 11 o'clock - am curious as to what their strategy will be. Will they offer me a fair deal or try to push me into some one sided deal ? I hope they try to be fair - I found out yesterday what my HP settlement was and they can easily settle my car and sell me another without losing. All I want is a reliable vehicle with no skeletons in the closet (or under the hood).
Thursday 9 June 2011
Home Made HEALTHY Hot Chocolate
Yummy - I have thought out a Hot Chocolate recipe and it works !!!! Very yummy and guess what -- no sugar, no dairy........ very, very guilt free.
Very Easy - combine one medium tin of Cocoa with one packet of Nature's Choice Swiss Dream milk replacement (approx 1:1) .
Sweeten with Xylitol to taste.
Very Easy - combine one medium tin of Cocoa with one packet of Nature's Choice Swiss Dream milk replacement (approx 1:1) .
Sweeten with Xylitol to taste.
Job seekers scammed in Pretoria
Job Mail has an article about an upsetting practice that preys on the desperate, jobless and then steals what little money they have. They also have an excellent article about what to avoid. See job-seeker-tips-to-avoid-scams and read the article at gauteng-jobseekers-conned . Personally, I think this is a despicable practice. Hopefully RICA and CPA will help curb these vultures.
Legal answer by a lawyer on BMW question and dealer response
Got 2 positive happenings -
1. The dealership owner phoned me and requested a meeting - hope this is a positive ....
2. Got an answer on this issue from a legal perspective with regards to the new Consumer Protection Act.
This from a GREAT website -- Just Answer
Good day.
They have contravened a number of sections of the Consumer Protection Act. I am going to refer to these sections, so, if you can get a copy of the act, then that will be great. A copy is available on the website of the Department of Trade and Industry.
Section 25 says that if something has been reconditioned or refurbished, then it must be disclosed. In my opinion, that will include a car that was in an accident.
Section 55 of the Consumer Protection Act gives you a right to safe and quality goods and section 56 gives you an implied warranty in the goods. I will post section 56 for you.
56. Implied warranty of quality.—(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.
(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—
(a)repair or replace the failed, unsafe or defective goods; or
(b)refund to the consumer the price paid by the consumer, for the goods.
(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must—
(a)replace the goods; or
(b)refund to the consumer the price paid by the consumer for the goods.(4) The implied warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to—
(a)any other implied warranty or condition imposed by the common law, this Act or any other public regulation; and
(b)any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.
In my opinion, you can cancel the agreement and be refunded because of the transgression of section 25, alternatively, ask that the price be reduced.
( EGSBSTTSKNSE )
1. The dealership owner phoned me and requested a meeting - hope this is a positive ....
2. Got an answer on this issue from a legal perspective with regards to the new Consumer Protection Act.
This from a GREAT website -- Just Answer
Good day.
They have contravened a number of sections of the Consumer Protection Act. I am going to refer to these sections, so, if you can get a copy of the act, then that will be great. A copy is available on the website of the Department of Trade and Industry.
Section 25 says that if something has been reconditioned or refurbished, then it must be disclosed. In my opinion, that will include a car that was in an accident.
Section 55 of the Consumer Protection Act gives you a right to safe and quality goods and section 56 gives you an implied warranty in the goods. I will post section 56 for you.
56. Implied warranty of quality.—(1) In any transaction or agreement pertaining to the supply of goods to a consumer there is an implied provision that the producer or importer, the distributor and the retailer each warrant that the goods comply with the requirements and standards contemplated in section 55, except to the extent that those goods have been altered contrary to the instructions, or after leaving the control, of the producer or importer, a distributor or the retailer, as the case may be.
(2) Within six months after the delivery of any goods to a consumer, the consumer may return the goods to the supplier, without penalty and at the supplier’s risk and expense, if the goods fail to satisfy the requirements and standards contemplated in section 55, and the supplier must, at the direction of the consumer, either—
(a)repair or replace the failed, unsafe or defective goods; or
(b)refund to the consumer the price paid by the consumer, for the goods.
(3) If a supplier repairs any particular goods or any component of any such goods, and within three months after that repair, the failure, defect or unsafe feature has not been remedied, or a further failure, defect or unsafe feature is discovered, the supplier must—
(a)replace the goods; or
(b)refund to the consumer the price paid by the consumer for the goods.(4) The implied warranty imposed by subsection (1), and the right to return goods set out in subsection (2), are each in addition to—
(a)any other implied warranty or condition imposed by the common law, this Act or any other public regulation; and
(b)any express warranty or condition stipulated by the producer or importer, distributor or retailer, as the case may be.
In my opinion, you can cancel the agreement and be refunded because of the transgression of section 25, alternatively, ask that the price be reduced.
( EGSBSTTSKNSE )
Wednesday 8 June 2011
New development on the BMW Saga
Phoned BMW today - great company - requested some service background on my vehicle - found out it had been involved in an accident in 2005 - a fact the secondhand dealer did not disclose. When confronted, the dealer denied knowledge of the fact that the car had been in an accident. According to the new CPA (Consumer Protection Act) this does not indemnify the dealer as it is his responsibility to discover these things when he buys a vehicle or before he sells it.
I am following the steps advised by the Motor Industry Ombudsman - approaching the company that sold me the vehicle and asking them to make reperations by either cancelling the deal or supplying me an equivalent, accident free vehicle. Will have to wait and see what happens......
I am following the steps advised by the Motor Industry Ombudsman - approaching the company that sold me the vehicle and asking them to make reperations by either cancelling the deal or supplying me an equivalent, accident free vehicle. Will have to wait and see what happens......
Tuesday 7 June 2011
Bad decisions, bad service, car dealerships............
I have really had it with bad service............how far do you have to go to find someone who is PROUD of there job....anyway, to get to the point....
I bought a 2004 330d (Automatic...yes, I know, wrong choice) from a national dealership that for some odd reason spells 'inspect' with a 'Q' - should have known then that something would go awry.....
The car had 147,000 odd km on the clock (warning bell, I know...) and I took it for a test drive - which went well enough, except that I thought it a bit strange that I could not take it to a highway or road where I could at least test it at approximately our national speed limit.
The price was right and I requested that a set of new tires be included in the deal. Time came to collect the car and guess what -- no new tires - 'sorry, we forgot' was the excuse, by which time the bank papers had already been drafted and approval granted, etc.
I elicited a promise of at least 2 new tires and then had to rush of to Natal, bearing kids to their grandparents, all in the new (2nd hand) car. On the way, heard and felt strange vibrations at highway speeds. Put it down to the bad tires ( how did they make it through roadworthy or the 100 point checklist ?) After 280km of highway speeds, the one rear tire had had enough and blew, giving us all a nasty scare. Changed for the spare and completed the journey, a bit more skeptic.
Returned (safely) and insisted on my 4 new tires - got 2. Told salesman about vibration - he said 'It must be the tires'. Waited a month to gather the finances and replaced other 2 tires - lo and behold, still vibrations, and not the Beachboys 'good' kind.
Then 4th and 5th gear started acting funny and fuel consumption started climbing. Told salesman - he said I must bring the car to them, their mechanic would take a look and repair under the mechanical warranty I had purchased as part of the deal.
I asked what I would be driving while this was happening - 'Sorry, we have no vehicles available' was the answer. Arranged for the salesman to collect the vehicle, which he did. 30 minutes later he phones me to say that he is stuck in the middle of town with no gears. 'Justice at last' was my first thought, then I spared a sympathetic word or two for him.
He arranged a tow, I chatted to the mechanic who assured me that he would only need the car for 2-3 days at the most and that coming in under the R7,000 insured amount would be no problem........
The car went in on Monday - today is Wednesday and the quote has not even been completed yet, let alone approval been given for repairs....... I get told that I will have to pay for anything above what the insurer approves !!!
I tell the salesman that they have sold me a dud and will have to pay for repairs themselves or take back the car -- a statement which was met with utter disbelief - surely I cannot expect THEM to pay for the 45 odd days worth of damage I did to the gearbox !!!!!
Such wonderful service.......
My point is that I would have been willing to pay R20,000 more for a newer model if they had told me that there may have been issues with that car.......
Why the cat and mouse games ?
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