Ombudsman Settlement Help Needed.

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  1. #1
    Join Date
    Jul 2019
    Durban North
    Thanked: 0

    Default Ombudsman Settlement Help Needed.

    Hi Everyone, I have read a lot of conversations on this group, which have been very helpful, but this is my first time posting. Hoping someone can help me with an unfortunate situation I find myself in.

    Before I start, I know I have made a lot of mistakes when buying this car, and have learnt the hard way unfortunately, so please refrain from telling me how badly I handled the deal, as already know☹
    I bought a second hand 2015 Isuzu KB 300 4x4 E/Cab a year ago from a reputable car dealer. At the time of purchase the front bumper was misaligned and the airbag light on (which was a warning sign for me). However, I was assured that the damages visible at the time where the damages from the minor accident that occurred. I was satisfied that the damages were only to the bodywork and had no structural damage (although I soon realized I am not good at this). The dealer then sent the car to Isuzu to get repaired, before I bought it. I started driving the car and went through 4 front tyres which I only got about 20000km on, where as my back tyres have got me about 60000km. A few months ago, when changing my tyres AGAIN, the guys at the fitment centre showed me the problem. The Caster bolts had been put on incorrectly (facing the wrong way) and they were worn out. So, I spent the money to get this changed, and now my tyres seem to be lasting a lot longer. The fitment centres also showed me that the front right arm of the car had been changed (not original).
    I then took my Car in for a service this week and was given a bill for R42000 to fix steering columns, ABS sensors & ball joints to the car. All of which should have been cover in my 120000km warranty that was sold with the car. There were no warranty blocks on the car when I bought it and I have records of conversations with the dealer regarding this.

    After all these red flags, I have done a full screening of the vehicle which included getting all repair & service records and getting a professional to have a look at the car. It turns out the car has a lot of problems:

    • The clutch has been replaced and the gearbox reconstructed at 37000km under warranty (which I wasn’t told about)
    • A professional has told me that the whole car has been repainted and the entire front bodywork of the car is not in original condition (has been taken off and refitted or replaced)
    • The front right wheel arm is new.
    • The heater is cracked
    • The warranty is limited
    • There is no record of the panel beating done on the car
    • There is no record of the front right arm being changed

    So, having consulted the dealer, they say they want to settle now, instead of going to the “ombudsman”. I am waiting for the settlement amount, but when I do get an offer, I have no idea what is fair? Can anyone help me with this? I have put a R40000 deposits down and still owe a lot of money on the vehicle. I have also put 70000km on the vehicle.

  2. #2
    Join Date
    May 2009
    Thanked: 3156

    Default Re: Ombudsman Settlement Help Needed.

    Give the dealer the opportunity to make the offer and then let us know the full details of this as clearly, your post gives the issues in detail and your discussions with the dealer is only a footnote.
    There is no such thing as inclement weather, only poor selection of clothing.... or Vehicle

    2010 Hummer H3 5.3lt V8, 300 HP, FDL, RDL, CDL, TC and 4:1 Low Range

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  3. #3
    Join Date
    Mar 2008
    De Wildt
    Thanked: 10096

    Default Re: Ombudsman Settlement Help Needed.

    I'm no legal export, but the Consumer Protection Act has limited times for submission (6 months?) so that has already expired, so I'd say take the settlement and write the rest off to school fees, you probably won't get a better offer and legal recourse is improbable.

    Just my opinion.

    "Consumers have a right to return unsafe or defective goods within six
    months and may choose either:
    • a refund
    • a repair
    • a replacement
    It is the consumer’s right to chose either of the above and a supplier/
    retailer may not decide for the consumer. If the goods break again
    after six months, the consumer may return the goods within three
    months for a refund or a replacement."

    See if your case applies to these times.
    2012 Jeep Sahara Unlimited 3.6 V6

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  5. #4
    Join Date
    Jul 2009
    Thanked: 283

    Default Re: Ombudsman Settlement Help Needed.

    The fact that you have had the car for 12 months and clocked up 70k km puts you in a difficult spot (in other words, take what you can get)...

    The fact that the dealer is willing to settle after 12 months (and 70k km) tells me that he know's something that you don't...

    I would try to settle the vehicle and brake even (lose the interest payed and the R40k dep)... If you get the R40k deposit back out of the deal, then GREAT, but this might be a big ask...

    Better wait and see what the dealer comes up with... Maybe try and do a trade deal where you can trade this vehicle on another one... This way, the dealer could be more flexible as he can write off his profit on the new vehicle?

    2017 Mitsubishi Triton 2.4 D/C 4X4 6 Auto Diesel
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