How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask WCLawyer Your Own Question
WCLawyer
WCLawyer, Attorney
Category: South Africa Law
Satisfied Customers: 15603
Experience:  L.LB (UOVS)
32244620
Type Your South Africa Law Question Here...
WCLawyer is online now
A new question is answered every 9 seconds

I bought a new car. I left my old tracking device in the car

Customer Question

I bought a new car. I left my old tracking device in the car thinking that I had a month to month contrackt and can just stop it. I then was told that I have a 2 year contract that it was renewed. Thinking that it must have been when they out a new device in the previius year as I had a lot of problems with polling and watching the car only to find iut they have no record of putting a new device in.in the meantime the car has been moved to Durban. I have filled in forms for the unit to be removed and placed in my friends car.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  WCLawyer replied 1 year ago.

Good Morning.

In other words, if I understand you correctly, the tracking company cannot produce a physical contract that you signed where you agree to a two year contract?

Customer: replied 1 year ago.
No only the first 2 years but the issue here is that I then said the unit must be removed and re instalked in my girlfriends car. It seems the unit was removed but has still not been installed in my girlfriends car... This is niw 2 months later and I Am still paying and struggeling with them. I wish I could just have a letter to send to them
Expert:  WCLawyer replied 1 year ago.

Well, the thing is that, in terms of the Consumer Protection Act, any clause in a contract that says that a fixed term agreement is automatically renewed, is invalid. Section 14 says that, unless there is an express agreement that the contract will be renewed again for a further term, then that agreement will be on a month to month basis.

So, you can write to them and inform them that, in accordance with section 14 of the Consumer Protection Act, the contract cannot be renewed automatically and that you you have already gave them notice to cancel on such and such a date (if that is the case) and that you will give instructions to your bank to stop the debit order as well as report the issue at the National Consumer Commission of they refuse to accept the cancellation.

I hope this helps you a little bit, but if you have follow up questions before you rate, feel free to ask them at no extra cost. If you are satisfied with the service, kindly rate it positively.

Related South Africa Law Questions