A “dubious” car dealership has been slapped with a R353,000 letter of demand and a fraud charge after failing, on numerous occasions, to refund a customer.
For almost four months, Eastern Cape entrepreneur Lulama Metuse, 42, has been desperately seeking her refund from Martin Roux, the owner MDCA Consulting, whose car dealership is based in Equestria, Pretoria. Metuse had bought a Toyota Hilux bakkie for cash on April 1 but the dealership did not have a diesel version and Roux allegedly promised her that he would deliver another car with the correct fuel type within two weeks. However, this did not happen, despite many promises from Roux.
Sowetan Consumer has seen a letter of demand from Metuse's lawyers, Scorpion Legal, dated June 15 2022. According to the letter, Roux was given 14 days to refund Metuse. However, he has not done so despite the stipulated date to pay having lapsed in the first week on this month.
"On or about the 7th March 2022, you entered into a purchase and sale agreement with our client, wherein you agreed to sell our client a Toyota 2.0 VVTi S/C with fuel type diesel. The agreed purchase price for the vehicle was R352,900. In compliance with the agreement, our client paid the purchase price in full," reads the letter.
The lawyers said after Roux could not provide Metuse with the diesel vehicle, he could not honour the promise of refunding his client.
"You advised our client on numerous occasions that you will effect payment of the refund but to date you have failed to do so and you are accordingly in breach of the purchase and sale agreement... Our instruction is to demand from you, as we hereby do, payment of the sum of R352,900 together with interest at the rate of 7.5% per annum from due date to the date of the final payment, which is due, owing and payable by yourself to our client.
"You have 14 days to comply with the above, failing which summons will be issued against you without further notice," further read the letter by Tiffany Reuben from Scorpion's motor vehicle department .
Metuse also approached Pretoria Central police station to lay a criminal case again Roux two weeks ago. "A case of fraud has been registered [with the police]. Investigation is ongoing," said Capt Augustin Selepe at the weekend.
When approached for comment on Saturday, Roux said he was aware of the case against him and that he had received the letter of demand. "I know about those things. I will pay before the end of this month, latest on Friday next week," he said without wanting to go into details about the delays in paying Metuse.
Sowetan Consumer first became aware of Roux's questionable business conduct when Metuse, from King Williamstown, approached us in May after weeks of being frustrated by Roux.
Metuse had been running a successful tent and toilet hiring business for some time and when her business grew she wanted to buy a bakkie to assist her in transporting her equipment to her clients and stop hiring other people's vehicles.
She had saved R250,000 and topped it up with a R150,000 bank loan in order to buy the car from Roux. Since the deal broke down, she has not been able to continue with her business while she had to service her bank loan with her salary as a government employee.
When Sowetan Consumer first contacted Roux in May, he twice promised to pay back Metuse in the same month.
"I had become tired of his tricks and empty promises, hence I decided to take the legal route so that the law deals with him. He is a dubious businessman and I won't be surprised that I'm not the only victims of his. I want the law to take its course," said Metuse.
Here is How You Can Get Help
SA Consumer Complaints (SACC) and the Retail Motor Industry Organisation (RMI) are some of the avenues available for consumers who experience difficulties with car dealerships.
RMI offers a mediatory service in relation to disputes between consumers and businesses (RMI members) in the motor industry. It attempts to reach amicable resolutions to disputes in a manner that is cost effective for all parties concerned.
In an ideal situation, where the retailer or the supplier is a member of the RMI, the consumer affairs office will attempt to intervene and facilitate the mediation process between the parties to achieve an amicable resolution. The facilitation process is informal, and therefore no legal representation is allowed.
“During these proceedings, the RMI remains neutral and impartial. To achieve success, both parties [consumer and the dealer] must be willing to participate with a view of achieving a win-win resolution.
“The service is free of charge. The RMI’s consumer affairs officer facilitates disputes that are [from] not more than six months after delivery of goods to the consumer,” said RMI regional manager Jeff Molefe.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.