GETTING YOUR CAR OUT OF REAL TROUBLE!

THE FACTS

MR Botsime gave his Golf 6 GTi in for repairs at Car Service City in August 2016. He was advised by the manager that he would have to pay R14 000 for labour and buy all the parts needed to fix the car. 
He did this and the cost of the parts came to R28 000. 
Two months later, he was told that the car couldn’t be repaired. He was also informed that the manager and the panel beater he’d dealt with before had been fired. 
He was then told that the panel beater who’d been fired had damaged the oil pump. As a result, Mr Botsime would have to buy a new oil pump and to have the engine striped so mechanics could get to the oil pump and refit it. 

AZIKHIPHI – THAT’S NOT ON!

Mr Botsime was not willing to cough up all this cash and wanted a refund of the money he’d already paid for labour and parts, which added up to R42 000.
To add to his woes, Mr Botsime had also been charged daily storage fees because he’d left his car at their garage to be fixed since August 2016. 

STRIKE BACK LEGALLY 

We called the reader to tell him we’d try to help. 
Mr Botsime didn’t only enter into an agreement with the mechanic. The mechanic was hired by the owner of the business and the owner was also therefore directly liable (i.e. legally responsible, this concept is called vicarious liability). 
We then contacted Car Service City. We escalated the matter to the complaints department, demanding a refund of the R42 000. 
They responded by saying that they weren’t liable as the mechanic was not employed by them. 
Mr Botsime was advised by Scorpion Legal Protection to have his car urgently towed from Car Service City because he was still being charged storage fees for his car. Mr Botsime said his insurer would pay for these costs.
We told him that he should then take legal action against Car Service City for the refund of his money. 
He would also need the expert opinion of an assessor to confirm whether or not the car had been further damaged while being stored at Car Service City. 

CONSUMER TIP

It is wise to consult an expert on your specific make of car before taking further action.
If you then take your car to a service provider to be fixed, always enter into a written agreement before allowing any work to take place. Make sure the agreement reflects the terms and conditions you discuss with the service provider.
Always find out whether there are daily storage charges.
A complaint can be made to Motor Industry Ombudsman of South Africa (MIOSA).
A complaint can also be laid with the Independent Dealership Association if the dealership is affiliated to it.