BMW Wins Case as Buyer Fails to Prove Reckless Lending

A Gauteng woman who took out vehicle finance for a luxury BMW has lost her legal bid to overturn a court ruling, after failing to meet her monthly repayments.

Andrea Aahnisah Hoskins financed a BMW 218i Gran Coupe M Sport through BMW Financial Services in October 2021. The deal involved a credit agreement of over R787,000, with monthly instalments of more than R11,000. Hoskins made payments for about six months before defaulting in June 2022 due to financial pressure.

Legal showdown after default

After failed negotiations, BMW took legal action, and Hoskins was served with court papers in November 2022. Despite this, she held on to the car.

In February 2023, she filed a complaint with the National Credit Regulator (NCR), claiming that BMW had granted her credit recklessly — without properly assessing her income, debt, or expenses.

But in April 2024, the Johannesburg High Court ruled in BMW’s favour, issuing a default judgment and ordering the car to be returned. The NCR later issued a non-referral notice, stating that it could not take the case further as the matter had already been decided by the court.

Tribunal rejects appeal bid

Hoskins then turned to the National Consumer Tribunal in July 2024, hoping to challenge the ruling. However, the tribunal found that she had not defended herself in the high court case. Because of that, her claims of reckless lending could not be reviewed.

The tribunal stressed that the matter had already been finalised in a competent legal forum and that reopening it would violate the principle of res judicata — which prevents the same dispute from being decided again.

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Sourced:IOL

Picture: Cars.co.za