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You could call us “problem solvers!”

At The Legal Advice Office, we provide people with proper, professional and personal legal advice and services and attempt always to act in their best interests and to resolve their legal problems for them.

You could call us “problem solvers!”

Sometimes we are successful and sometimes we are not, but we always try our best and for us, our clients come first and must be given the best possible legal advice and service. We therefore always insist on full detailed instructions by email so that we can provide that service.

Today, we would like to share with you a recent case which had a happy ending for our client, who we shall call Ms X, to protect her identity and to comply our professional duty to her.

Ms X bought a motor vehicle from a dealership in Bellville in the Western Cape on the 15th January 2018. It was her first motor vehicle, a 2016 VW Polo Vivo. Her parents had helped her with the deposit and the balance of the purchase price was financed by her via Wesbank.

She took delivery of the vehicle on the same date ie the 18th January 2018 and, after work, drove the car out of the dealership and took it home to proudly show to her parents and boyfriend.

Everything was perfect.

Just over a month later on the 21st February 2018 on her way to work in Cape Town the Polo started misfiring on the N1 and she had to get off the Highway at Paarden Island as she was concerned that it might break down on the N1 and she would be stuck in the bumper to bumper traffic. She drove to a nearby filling station and called her parents.

The Polo was then driven by her father to a repair workshop in Paarden Island and from there taken to a VW dealership in Claremont for assessment as to the underlying problem.

The diagnostic report was complicated but essentially the vehicle had major mechanical and electrical problems with its fuel supply system and would require extensive repair and part replacement work at a cost of R 41400.00.

The diagnostic report also stated that the defects in the parts had been there for up to 6 months prior to the breakdown.

Ms X did not have that kind of money.

Ms X then with the help of her father took the matter up with the dealership in Bellville that sold her the Polo. They simply washed their hands and stated that it was NOT their problem as the one month warranty they gave at the time of the sale had lapsed.

On enquiring at Wesbank for their assistence; she was also just advised by them that she needed to sort the matter out with the dealership.

Ms X found our details on line and phoned us initially and then sent us a detailed email at our request.

We agreed to assist her in an intervention and on her instructions we then contacted the dealership and started an intervention.

We first sent the dealership a formal letter of demand on behalf of Ms X, in which we pointed out to them our client’s legal rights and their statutory obligations both in terms of the Consumer Protection Act and the common law of contract.

In response the dealer principal contacted us and we arranged to meet with him to resolve the issues.

In this meeting, arranged for 2 days later; we explained fully to him Ms X legal rights and their legal obligations to her.

Our instructions from Ms X was that she wanted a refund rather than a repair or a replacement; which was her choice.

After a meeting lasting an hour, we came to an agreement with the dealership on behalf of Ms X that they would take the vehicle back, repay Wesbank on her behalf the full amount paid to them by Wesbank and also refund her all her legal costs in the sum of R 5000.00 inclusive.

When we reported to Ms X the settlement she was ecstatic.

The next day we arranged for her to return the vehicle to the dealership who then settled Wesbank on her behalf and refunded to the credit of her bank account her legal fees of R 5000.00.

This was all done within the next 24 hours.

A happy ending!

Please visit our website at or send us an email to This email address is being protected from spambots. You need JavaScript enabled to view it. with your legal questions.

About our author:

Hugh Pollard (Legal Consultant), has a BA LLB and 41 years’ experience in the legal field. 22 years as a practising attorney and conveyancer; and 19 years as a Legal Consultant.

082-0932304 (Hugh’s Cell Number)

This email address is being protected from spambots. You need JavaScript enabled to view it.


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Legal Advice Office

South Africa

Kandelaar Street, Vermont, Hermanus
Phone: +27 (0) 82 093 2304