Car that was involved in an accident

I purchased a 2022 Volkswagen T-Cross 1.0 TSI Comfortline DSG at Fouche Motors Vereeniging, through MFC Vehicle Financing on Thursday the 17th of August 2023. I've been unfortunately met with a plethora of issues pertaining to the car that are a result of the deception of the dealership and non-disclosure of the actual state of the product I was sold. When I left the dealership on Thursday (17 Aug 2023), Mr Abdullah Choonara (Salesperson) had requested that I bring the car back so that it would be taken to VW for full checking. He had highlighted a Starter issue with the vehicle that would be resolved in the following week after I would have returned the vehicle. I noted this and agreed to bring it back. However, on Sunday the 20th of August (Three days after the purchase) the engine light of the car went on. Kindly see the attached picture titled IMG-20230820-WA0006.jpeg – Car Display Screen. I flagged this issue with Mr Thando Dubela (Independent representative who assisted with the vehicle deal and was a mediator between myself and Fouche Motors/Mr Abdullah). I re-emphasised to Mr Dubela that the car had a strange sound when it was started. The car had a loud noise mimicking that of a diesel-powered car whenever it was started. This loud sound was accompanied by a vibration to the whole vehicle. I brought to Mr Dubela's attention car brakes that seemed to have an issue. I also noted an irregular sound when one opened the rear left door of the car. When you open the door with the front passenger door closed, the door made this irregular sound. Mr Abdullah had mentioned that the car had previously been in a minor accident where just the front bumper was affected and only it needed replacing and had work done to it. He proceeded to show me where other alterations were made (mainly minor scratches). The issue of the door to me seemed to highlight and suggest an issue beyond the "minor accident" as Mr Abdullah had suggested.

On Wednesday the 23rd of August 2023, the vehicle was taken to the Constantia Kloof VW branch where a diagnosis on the car was done and a report was drawn. Before proceeding with the fixing of the car, Mr Dubela called to confirm with Mr Abdullah whether they (VW Constantia Kloof) could proceed. Mr Abdullah said no, the car needed to be taken to Vereeniging where they had a VW warehouse/service dealership that they had a partnership with. It had been a back and forth with me being inconvenienced and left worried for my safety as the car I was issued seems to have faults beyond what was disclosed to me. Kindly see the attached the report from Constantia Kloof as evidence of the diagnosis that was done on the car. The report highlights a number of issues that were diagnosed ranging from Engine light, brake discs, wheel alignment, and complete replacement of exhaust bracket. I was sold a vehicle that had so many issues, issues that could have endangered my life or that of other road users. Fouche took the vehicle to VW Sasolburg (Vereeniging) where it was allegedly repaired. However, comparing the two diagnosis reports that were run, there are issues captured on the Constantia report that were never addressed like the engine light. Kindly see the attached Sasolburg report as evidence. I expressed my dismay to Mr Abdullah as a representative of Fouche and requested that we cancel the deal as I am not happy or comfortable with this car. The car I was sold is defective and not to the standard it should. The car started giving me issues three days after purchase and even after I had returned the vehicle to them. It is still defective. After my own private investigation on the car, I discovered that I was sold was a vehicle that was in major accident, written off and sold at Gobid PTY LTD a car salvage business. The car is a complete repaint and rebuild. I noted that parts of the vehicle were Red and not the turquoise/green that it is the original colour of the vehicle. Kindly see the attached evidence and link below of Gobid. https://za.linkedin.com/company/gobidonline I submitted a complaint to MFC on the 26th of August 2023. After a back and forth with the consultant I had been liaising with (Ms Sharon Mace), I was told the bank could not do anything. Kindly see the communication from the MFC Consultant. Following the bank’s failure to assist me in this process, I proceeded to pursue a case with the Motor Industry Ombudsman of South Africa where again the outcome was in favour of the dealership. I was told by the ombudsman that they could not support my expectations as the complainant. I have been sold a defective car; a car that gave me issues three days after purchase. This defective car was sold to me to the value of R436 000.00. This is very alarming for me as the vehicle I was sold was a complete repaint, a rebuild and a vehicle that was sold on auction and resold to me overpriced considering the conditions it had undergone.

The ombudsman unfortunately ruled against me, and my claim was dismissed. I went further to lodge a complaint with the NCC on 12 December 2023 with reference, CC2023/12/1206. The NCC has not come back to me with feedback.

On 09 April 2024 I took my vehicle in for servicing at VW McCarthy Menlyn where glaring issues were picked up by employees of VW. The employees highlighted the magnitude of the paint/spray job, highlighting “fish lines” that were visible on the vehicle. They proceeded to highlight the railings on the top of my vehicle’s roof. My car is a 1.0 L, for this reason, the original roof railings ought to be black and not silver. My vehicle has silver railings which do not belong to this make and model. This suggests that the vehicle had major modifications done to it, which allude to my assumption of the vehicle being in a major accident.

Following this discovery, I conducted my own further investigation of the vehicle. I was able to get in contact with the previous owner of the vehicle, the same person who was involved in the accident with my vehicle (prior to my ownership). He gladly confirmed that the vehicle had been written off following his accident.

Fouche Motors claimed that the vehicle had been in a minor accident. They refuted my claim that the vehicle had been written off, which is not the case. It is my belief that such information should have been fully disclosed to me. I am of the view if I was aware of this information, I would have not signed the deal with Fouche Motors. They have failed to exercise their due diligence and not acted in good faith when they sold the car to me.

I signed an accident disclosure form where I was told that the car had been in a minor accident with just the front bumper replaced and a few scratches were painted.

The former owner of the vehicle was more than happy to supply me with pictures of the accident and the Loss Settlement document titled “Finance House Signed AOL”. Kindly see the attached. As a remedy to the issues highlighted, I would like to have the vehicle purchase from Fouche Motors uplifted as this is a vehicle that is not the quality that was disclosed to me and it is not the standard or value the bank has financed it for. To date, the engine light of the vehicle keeps going on and off.