A motor warranty claim refused or a repair gone wrong: where to complain

Start with the supplier, in writing, then the manufacturer, and then the Motor Industry Ombudsman of South Africa, which is free to consumers. You can also file a complaint with the National Consumer Commission. Keep every document, because the dispute will be decided on what is written down.

What counts as a motor dispute?

Typical cases are a warranty claim that was refused or reduced, a repair that failed or was done without your approval, a charge you did not agree to, a service plan that was not honoured, or a vehicle that developed a fault soon after you bought it.

Different rules apply to different parts of the problem.

• The goods. Section 56 of the Consumer Protection Act, 2008 (Act 68 of 2008), implies a warranty of quality and gives a right to return faulty goods within six months. See motor warranty and the Consumer Protection Act.
• The repair. Section 15 deals with estimates and authorisation, section 54 with the quality of services and section 57 with a three-month warranty on parts and labour installed during repairs.
• The plan. The plan's own terms decide what it pays for. If it is a fixed-term consumer agreement, section 14 governs the term, cancellation and renewal. See motor warranty or service plan.

What should I gather first?

The Motor Industry Ombudsman of South Africa (MIOSA) tells consumers to "do your homework" before they complain: understand your sales agreement, warranty and any service plan, and make sure your service record is current and stamped.

Gather:

1. The sales agreement, invoice or plan contract.
2. The plan terms, including the list of exclusions and the claim limit.
3. The service history, with stamps and invoices.
4. The repair estimate, authorisation and final invoice, if a repair was done.
5. Photos, messages and notes of calls, with dates and names.
6. The fault: when it started, what you noticed and what you did.

What is the order of steps?

MIOSA sets out the following order on its consumer page.

1. The selling or servicing dealer. Contact the dealer and ask who handles complaints. MIOSA says the dealer "cannot abdicate his or her responsibility". Ask for a meeting and stay calm, and record what is said and promised.
2. A manufacturer's representative. If you are unhappy with how the dealer handles it, ask the dealer to arrange for a manufacturer's representative to review the complaint.
3. The manufacturer's customer care department. If still unresolved, contact it.
4. MIOSA. Only then escalate to the ombudsman.

If your dispute is with a warranty provider rather than a dealer, the same logic applies: write to the provider's complaints contact first and give it a fair chance to put things right.

What do I write in the complaint?

Keep it short and dated.

1. Say what the problem is and when it began.
2. Quote the clause of the plan or the section of the Act you are relying on.
3. Say what you want: repair, replacement, refund or reconsideration of the claim.
4. Set a date for a reply, and say what you will do next.
5. Attach copies, not originals.

Sections 56(2) and 56(3) give you the right to choose between repair, replacement and refund in the cases they cover. Section 54(2) lets you require a supplier to remedy a defect in the quality of a service or refund a reasonable portion of the price.

What if the problem is the repair itself?

If a workshop did the work badly, or charged for work you did not authorise, the Act gives you specific hooks.

• Section 15(2) says a service provider to whom the section applies must not charge you unless it gave you an estimate and you authorised the work, or you declined an estimate and authorised the work in writing, or you pre-authorised charges up to a stated maximum.
• Section 15(4) says it may not charge more than its estimate unless it first told you of the additional estimated charges and you authorised the work to continue.
• Section 57 gives a three-month warranty on new or reconditioned parts and the labour to fit them, unless you misused or abused the part or goods, and it excludes ordinary wear and tear.

Put these into your letter in plain words and attach the estimate, the authorisation and the invoice.

What can MIOSA do?

MIOSA describes itself as the only accredited ombudsman for the automotive industry and a neutral authority for resolving disputes between consumers and the industry. The South African Automotive Industry Code of Conduct, issued under section 82 of the Consumer Protection Act (Notice 817 of 2014), includes provisions on the Motor Industry Ombud (Part B).

On its site, MIOSA says that:

• you can lodge a complaint online, using its Assistance Request Form, or by phone on 010 590 8378;
• its services are free to consumers, except when an on-site automotive product inspection is required, which may be at your expense;
• it will determine a dispute within 30 days of receiving all necessary documentation; and
• it does not request payment for complaints or dispute resolution, and there have been fraudulent messages impersonating it.

The site lists complaints against dealers, service providers and manufacturers, and refers to sales agreements, warranties and service plans as relevant documents. It does not list the dispute types it can take, so use its form or phone line to check that yours qualifies.

What can the National Consumer Commission do?

The National Consumer Commission was established under section 85 of the Consumer Protection Act. When a supplier undermines your rights under the Act, you can file a complaint with it.

Section 69 lists the routes open to a consumer: referring the matter to an ombud with jurisdiction, an accredited industry ombud, a consumer court, another alternative dispute resolution agent, or filing a complaint with the Commission. Section 70 says that if an alternative dispute resolution agent concludes there is no reasonable probability of resolving the dispute, you may then file a complaint with the Commission.

The Commission accepts complaints through its online portal, after you register a profile and have it approved, or by phone on 012 065 1940. It asks for as many details as possible, including the date of the transaction, the date the dispute arose, proof of purchase, the steps you have taken and your communication with the supplier.

Which route should I use?

That is for you to decide, and an attorney can help. Section 69 lists the routes as alternatives, and adds in paragraph (d) that a court is available only once other remedies available under national legislation have been exhausted. MIOSA asks you to go through the dealer and manufacturer first.

What if I want out of the plan?

If the plan is a fixed-term consumer agreement, section 14 lets you cancel on 20 business days' written notice, subject to a reasonable cancellation penalty, and requires a renewal notice 40 to 80 business days before the term ends. Regulation 5 sets the ordinary maximum term at 24 months. Our guide on your rights on a tracker contract explains these rules.

What does Olvian do?

Olvian is a lead-referral service. You ask once, and your request goes to licensed providers who pay Olvian a fee and call you back. Olvian is not a warranty provider, dealer, insurer, broker or adviser. It cannot decide or change a claim. If you are unhappy with a plan, start with the provider that sold it.

Sources

Checked on 31 October 2026. Olvian is not a financial services provider and this guide is information, not advice.

• Motor Industry Ombudsman of South Africa: how to submit a motor vehicle complaint
• Motor Industry Ombudsman of South Africa
• South African Automotive Industry Code of Conduct, Notice 817 of 2014
• Consumer Protection Act 68 of 2008, Government Gazette 32186: sections 14, 15, 54, 56, 57, 69 and 70.
• National Consumer Commission: lodging a complaint
• National Consumer Commission