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Shaie Zindel
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1215
Experience:  All areas of commercial and contract Law - specialist in property advice.
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JJ CPA question My Mercedes stopped on the side of the

Resolved Question:

JJ

CPA question
My Mercedes stopped on the side of the road close to a Merc garage who had done work on the car recently and I suspected that the fault was related to the previous work. They towed the car (an automatic) to their premises and within a day or 2 diagnosed (via there diagnostic equipment) that there was a problem with the valve body (component of the gearbox) quoted at +/- R24 000-00. I investigated other options w.r.t. a gearbox specialist but eventually gave Mercedes the go ahead to repair. The replacement of the valve body did not rectify the problem and Mercedes are now quoting a further R29 000-00 for a primary pump and torque converter.

Am I obliged to pay for the valve body that appears not to have been the cause of the problem?? Merc are hiding behind the fact that the diagnostic equipment indicated that the problem was the valve body and without stripping the gearbox (which I believe they still have not done) they could not have know the cause. I am worried that if I give them the go ahead for the pump and torque converter there will potentially be another problem.

What recourse do I have in terms of the CPA - I have been in contact with Mercedes technical and they are defending the dealers actions

Your help is appreciated
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Shaie Zindel replied 1 year ago.
Hi There - to be perfectly honest I think the dealership are liable to refund you the cost of the wasted repairs. They are the expert with the expensive equipment. Why should you be responsible for their mistakes? Personally I would go in and tell them you're not happy. Repairs carry a warranty under the Act so they cant get paid twice. If they don't want to listen, then I would immediately lodge a complaint. You can do this online and for free. The process is very simple. No lawyers are required and its usually much quicker than going to Court. The only potential snag is the National Consumer Commission itself. The website has been down for a while and the quality of service is not always great. That being said its worth a punt. Here are their details if you're interested: http://www.thedti.gov.za/agencies/ncc.jsp - I hope this helps and I wish you luck. Please remember to rate my service so far. Regards
Shaie Zindel, Attorney
Category: South Africa Law
Satisfied Customers: 1215
Experience: All areas of commercial and contract Law - specialist in property advice.
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Shaie Zindel
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All areas of commercial and contract Law - specialist in property advice.