Consumer told to pay up despite claiming he was sold faulty car

A CONSUMERS gripe with the dealership where she had bought her car has nothing to do with the financial arrangements she had entered into with a credit provider; thus, she cannot simply refuse to pay her monthly instalments, the Gauteng High Court, Johannesburg, ruled.

- ZELDA VENTER

It was found in favour of Absa, which financed the vehicle under an agreement between it and the purchaser, only identified as Ms Baloyi.

The bank wanted to obtain summary judgment against Baloyi for the return of the vehicle and the cancellation of her credit agreement.

Baloyi, on the other hand, argued that she was protected by the Consumer Protection Act (CPA). But it was found that the CPA excludes credit agreements under the National Credit Act.

Absa financed the vehicle Baloyi had bought from the motor dealership, CHM Group, Midrand. According to the terms of the sale agreement, she was due to pay monthly instalments of R6,827, with the final instalment being payable on August 30, 2029.