Zambesi Auto Complaint and Advise Needed

[St Lunatic]

Hi guys

1stly let me apologize if this is in the wrong section. But I need some advise. Let me give you guys the quick rundown.

Around 3 months ago I got in touch with 1 of the sales guys at BMW Zambesi about trading in my M5 on a 16 X640d. I got sent pictures and it looked pretty good and I said lets apply for finance and see what my installment will be and make me a good offer on the M5 but I never gave commitment on buying the car. Then I get told someone else is looking at the car so I need to put down a holding deposit. So I did. So they asked do I want the car I said yes but I want a better trade in on my M5 to bring my installment down, until that I am not buying the car. So finance went in got approved and I said I would put an additional deposit down to bring down my installment which I did. So I gave them R100k. (BTW I never signed any OTP or contract)

I then get told by the sales and F&I oh we don't have the car on our showroom floor we have to bring it in for you? I'm like WTF?

I have had family issues over the last 3 weeks and decided not to go for the deal at Zambesi so I apologized and said thanks for the help and please refund me my deposit. Now I'm busy getting into an argument with them where they are saying they will not refund me a they had to buy the car from someone for me. I explained to them all the above that it was a great sales play for me to give you my money and force me in buying the car.

So I told them that I never signed anything and in any correspondence I was told that my deposit is non refundable.

I'm pretty angry at the situation. has this happened to someone else here as I am considering contacting a lawyer to resolve this or if any members here could help me that would be great.

 

[yush1]

This is BS. They have to refund your deposit. :thumbdo:

 

[FerdiBotha]

I know throughout the BMWSA group a holding deposit generally isn’t refundable. I know because I paid the minimum holding deposit of R10k on my car. I suppose it’s a way for BMW to recover some costs if you decide to pull out of the deal and they are stuck with the car for a while longer.

The rest of the deposit, however, is fully refundable.

Maybe chat to Graham Olivier as he is the new car sales manager and has always been of great service to my family.

 

[evnmopwr]

Bottle - Check
Caltex with Techron - Check
Half old Tee-shirt - Check
BIC Lighter - Check
mgwaiting:


On A Serious note, I would Take this up With MIOSA. They Resolved my matter in 3 Weeks.
Cause this they doing is BS!!
Had ALL the information been disclosed to you, IE: The car is not there and they need to bring it in or BUY the car for you etc etc, Im sure you would have been able to think more about doing the deal..

Im sorry but MENSE IS FOKKING SKELM!!!!!!!!!!!!!!!!!

2018 R@ped me a New one with all the money lost to Skelms...

Maybe Contact BMWSA too

Good luck bru... Not lekker knowing you may lose Money. At least you still have a chance to get yours Back.. mine is longtime gone..

 

[MR_Y]

I call bull shit on their attitude.
I placed an order for an A Class in 2013, but pulled out. Merc gave me the same sad story of deposits being non refundable. But, I told them that I did not sign any document saying this. They put up a fight. So, I took my complaint to ALL their social media pages. I laid out my issue clearly, without any slandering, and tagged Merc Germany. Within a week I got my refund.

 

[Little Goliath (Daniel)]

R100k not refundable? I would torch that place.

 

[cOlDFuSiOn]

I too was told the 'someone is interested in the car' upon which I just told the dealer, great so you have a second buyer already as I am not interested anymore.
They went quite on the line, nothing to say.. Tried to start but I should do the OTP, I just sad no issues I found a better car.

I am sorry, but I never fall for any of that, I suggest for a R100k amount just contact your lawyer and get that ball rolling if nothing comes of this, better to recover 50k than loose it all!

 

[telegamer]

I would never put down R100k and I’m not sure I want the vehicle, you’ll get your money back, how did they “hold” something for you they never had, there’s also no OTP, nor were you told they buying in the car they want to sell you, sounds a bit silly, put your complaint on paper, cc BMW SA and the holding company of the dealership and go from there, go the social media route, just be careful you don’t prejudice yourself in how you state your case

 

[AshG108]

this is kak, one line we must never believe fo a dealer is "someone else is also interested in this car"

a consumer's line should be i response "this market isn't small enough for you and your one car in stock"

good luck, R100k needs to go back into your bank account bud.

Seems more and more dealerships are using pathetic tactics.

 

[St Lunatic]

thanks for the advise guys!!! I'm going to give then today to see what they have to say. Ive never said anything bad about them and ive always referred people there.

all my correspondence has been in a nice manner, so ye lets see how today goes. will let you guys know.

 

[Mass]

The CPA makes the old 'non-refundable' deposit practice illegal. At worst they can charge you a 'reasonable cancellation fee'.

 

[St Lunatic]

hey guys so I got a call today. They want to have a meeting with me face to face on Friday. I'm actually not keen on this as I know they are going to try and spin me some long story. if they want a face to face I'm thinking of taking a lawyer so that nothing I say can be used against me.

what do you guys rate?

 

[yush1]

I agree. Take a lawyer. :thumbs:

 

[Waseem 333i]

I am sorry but what is the point of a deposit if you cancel the deal and get a full refund? Deposit is there to show commitment. We charge deposit on rentals and if the person cancels they lose the deposit. Thats stated clearly in the paperwork. R100k is one hefty amount. They will most likely give you most of it back.

 

[tman]

I agree. Take a lawyer. :thumbs:

^this

 

[QikNish]

Without signed OTP they could not hold the car for you. But also, without signed OTP they have no right to hold your money. Go there and threaten to burn the place to the ground... give the finance department 10 minutes to EFT YOUR money back to you.

PS: post this on the BMW pages / groups on Facebook. It will get resolved very quickly.

 

[NtandoN]

I am sorry but what is the point of a deposit if you cancel the deal and get a full refund? Deposit is there to show commitment. We charge deposit on rentals and if the person cancels they lose the deposit. Thats stated clearly in the paperwork. R100k is one hefty amount. They will most likely give you most of it back.

Does a cooling off period not apply if you've paid a deposit?

 

[QikNish]

If you have not signed any documents, they cant hold you to any deal. Thats in terms of the CPA. You can lodge a formal complaint with the finance house that approved your deal also. Dealerships dont want to get a bad rep with finance houses.

I'm in the auction business, I know these things. I know about taking Non refundable deposits. You can only do so if a person signs and accepts the fact the he will lose his deposit if he defaults on a deal. You have an approval at the bank & you have not signed an OTP or contract. Dealership is in the wrong. They will try to make you commit to them if they meet with you.

 

[St Lunatic]

Thank you guys. again I signed nothing.

the only document I signed was confirming my banking details for the deposit and I read the T&Cs and there is nothing around non refundable. I'm actually even willing to take a hit like 2 to 3k as a cancelation fee.

the sales guy has been trying to get me to reconsider the deal saying he will loose his job or have to buy the car?

I'm going to call BMW finance right now as all my cars are with them and going to call BMW HQ as well. Will let you guys know.

Waseem333 I understand what your saying bud, but this is not a rental. and nothing was signed by me.

 

[Waseem 333i]

Thank you guys. again I signed nothing.

the only document I signed was confirming my banking details for the deposit and I read the T&Cs and there is nothing around non refundable. I'm actually even willing to take a hit like 2 to 3k as a cancelation fee.

the sales guy has been trying to get me to reconsider the deal saying he will loose his job or have to buy the car?

I'm going to call BMW finance right now as all my cars are with them and going to call BMW HQ as well. Will let you guys know.

Waseem333 I understand what your saying bud, but this is not a rental. and nothing was signed by me.

I know it's not a rental. I'm trying to get my head around the whole reason for deposit on a car sale. I don't understand how it works.

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