Commission to charge dodgy CT car salesman after failing to reimburse customer
The owner of a used car dealership in Cape Town is in hot water after failing to comply with a landmark order from the National Consumer Tribunal.
Dealership owner Chris Pretorius could be held in contempt of court and face further criminal charges for not reimbursing a client for a dud car sold to her.
Hanlie van Lill purchased a previously-owned Volkswagen Passat from Western Car Sales dealership in Kraaifontein in December 2015.
A long road to justice
She bought the car for R61 000. Three 3 days later the gears wouldn’t engage properly.
Two days after that, the car broke down completely and was driven back to the dealership on a truck, at her cost.
Pay back the money
Van Lill took the matter to the Motor Industry Ombud, which ruled in her favour, after Pretorius refused to take any responsibility for the car.
But the dealership still ignored the ruling and the case was referred to the National Consumer Commission (NCC).
On 4 September 2017, the National Consumer Tribunal found Western Car Sales guilty of prohibited conduct.
The tribunal found that clauses in Van Lill’s contract when she bought the car were in direct contravention of the Consumer Protection Act (CPA).
The dealership was ordered to refund van Lill in full by 26 September 2017 and pay a further R100 000 to the National Revenue fund within 30 business days as a fine.
To date, no money has been paid.
Back door deals
While dealership claims to have been liquidated, Pretorius still seems to be trading cars on his Facebook page.
NCC spokesperson Trevor Hattingh says non-compliance with the judgment is a criminal offence.
Meanwhile, van Lill is left frustrated and forced to rent another vehicle while the dud car lies unused in her yard.
It seems like it's a losing battle and the owner of the business is getting away with everything. The whole court case and judgment is just paper. I'm feeling frustrated.
Hanlie van Lill
Failure to abide by or comply with Tribunal judgment is a criminal offence.
Trevor Hattingh, NCC spokesperson
We have now obtained their details and we are pursuing the matter. The prosecutor concerned is at work on this case.
Trevor Hattingh, NCC spokesperson
They are now trading via Facebook and other means. We are also further investigating this.
Trevor Hattingh, NCC spokesperson
The company has not been liquidated. Clearly these are desperate attempts to avoid paying the client.
Trevor Hattingh, NCC spokesperson
We have to make an example. A precedent has to be set for other dealerships out there.
Trevor Hattingh, NCC spokesperson
All efforts to reach Chris Pretorius were unsuccessful.
Take a listen to the case during the Consumer Talk feature with Wendy Knowler:
Got a consumer case you need help resolving?
Email: consumer@knowler.co.za, put Cape Talk in the subject line, followed by the issue e.g. cellphone contract dispute.
More from ConsumerTalk with Wendy Knowler

Jetting off soon? 10 safety tips to protect your luggage from airport thieves
Baggage theft is on the rise, especially at OR Tambo International Airport. Consumer journalist Wendy Knowler offers key advice.
Read More
Only Germans take Black Friday more seriously than South Africans
In South Africa, Black Friday has become a spend-fest of epic proportions, says consumer journalist Wendy Knowler.
Read More
Beef mince or ground beef? A lesson on food labelling
The one meat product is pure beef and the other has ingredients such as water, soya and other flavourants added into the mix.
Read More
We paid before the family arrived with the body – Old Mutual
Consumer journalist Wendy Knowler investigates after a poor family’s desperation to get a claim paid made headlines.
Read More
12 security tips to keep cellphone info and bank account safe from crooks
There have been a number of new cases where victims had their cellphones stolen and discovered their bank accounts were emptied.
Read More
Can’t find your phone? Drop everything – thieves can get into your banking app!
Did someone steal your phone? Contact your bank without hesitation warns consumer journalist Wendy Knowler.
Read More
Everything you need to know about "fair wear and tear" on rented property
Property attorney Marlon Shevelew provides a comprehensive explanation of what constitutes “fair wear and tear” in lease agreements.
Read More
If you make a mistake when transferring money (EFT) you don’t get it back easily
Made a mistake when paying by EFT? You're going to battle to get your money back, warns consumer journalist Wendy Knowler.
Read More
Travelling overseas? It’s becoming vital to get 'visa denial insurance'
Consumer journalist Wendy Knowler explains how to get reimbursed if you can’t travel after a failed visa application.
Read More
Are 'tap and go' cards safe? Maybe, suggests this case involving Standard Bank
Handsfree pickpocketing is a myth, says consumer journalist Wendy Knowler. But risks remain, suggests a case she took on.
Read More