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  1. E

    My experience taking Tesla to court about FSD

    Yes, people who have issued a claim against Tesla have been in touch directly with me. I always say the pragmatic thing to do is settle (for effectively the same value as my claim, e.g. including interest, court fees, etc) with an NDA. I also say stop talking to me if they sign it and keep to...
  2. E

    My experience taking Tesla to court about FSD

    That's very useful - if you're happy you should publish them on this thread so others can make use of it. Ultimately I don't think Tesla would risk having a judge make a decision on this, so people are just looking for some information as to the value. If it's negligible I would deduct £500 from...
  3. E

    My experience taking Tesla to court about FSD

    Almost certainly!
  4. E

    My experience taking Tesla to court about FSD

    Those aren't your two options... Those are the two that TW/Tesla want you to take! You can continue to litigation if you do choose. You can write a really quick email to them like this... You will need to calculate interest and total and they will most likely want an NDA. If you don't want an...
  5. E

    My experience taking Tesla to court about FSD

    I've already had my settlement from Tesla and helped a number get theirs. You can look up what the civil standard of proof is, there's so much evidence this is an easy win. You make your argument in court and it's down to Tesla to disprove it. If the judge thinks there's a 51pc chance your...
  6. E

    My experience taking Tesla to court about FSD

    No, they couldn't remove FSD in this situation.
  7. E

    My experience taking Tesla to court about FSD

    This isn't correct. You have a cause of action and if you were so minded, could take Tesla to court. You would need to subtract the value for FSD you received when you sold the car, which is less than £1k according to others.
  8. E

    My experience taking Tesla to court about FSD

    Thanks, I'm watching the thread now and best of luck to you! I hope you don't mind me reproducing the paragraph below from your lawyers' letter, I think it's relevant to the UK litigation: "It is plainly unreasonable that a customer should have to wait more than four years for a product it has...
  9. E

    My experience taking Tesla to court about FSD

    I've had people in touch with me directly who have had full settlement offers from Tesla subject to NDA. I always say it's the pragmatic thing to take those offers. Best to be whiter than white in these circumstances so if you sign an NDA keep quiet! The rest of the forum can draw their own...
  10. E

    My experience taking Tesla to court about FSD

    I'd send them the RFI that I drafted (tweaked to your circumstances) earlier on in this thread.
  11. E

    My experience taking Tesla to court about FSD

    From the Consumer Rights Act 2015: and I don't think a finance company can argue this falls through the crack, there is nothing to say that "the description" cannot be on the manufacturer's website rather than the finance company's. I would fire off the LBA to the finance company, amending...
  12. E

    My experience taking Tesla to court about FSD

    Hi George, thanks for your input and I'm glad I'm not the only one that has thought about this. My view is that there's fundamentally a legal claim against Tesla. They cannot change history, and history has a clear record of them making FSD claims which they didn't fulfil. Taylor Wessing have...
  13. E

    My experience taking Tesla to court about FSD

    Also, it would be unbelievable to think Tesla & Taylor Wessing were not monitoring this thread. So they are well aware of the specifics of the claim, the arguments that will be run, etc. Can't hurt to ask them if they're reading this!
  14. E

    My experience taking Tesla to court about FSD

    Standard cynical litigation tactics, I'm afraid! The judge will be concerned about justice, not minor technicalities. See 1.1(2)a here: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part01 P.S. I actually think Taylor Wessing have misplayed it by making a big hoo-hah about the...
  15. E

    My experience taking Tesla to court about FSD

    Yes, you can file the online claim with a brief description. Then separately send the full PoC to them with an N215. The N215 should be emailed to the court too. Pretty sure back in this thread I put up an example of a completed N215. (Albeit you may want to serve on Taylor Wessing rather than...
  16. E

    My experience taking Tesla to court about FSD

    Final thought whilst I'm on this... having quite a few people get in touch with me about this and seeing how they're going about it, I think some of them will not be successful in their claims against Tesla. I've formed this view because they're not really following the great treasure trove of...
  17. E

    My experience taking Tesla to court about FSD

    So just expanding on this a bit... if I was preparing for a hearing I would: Draft arguments: 1. The disclaimer is an unfair term for reasons I set out above. 2. If the disclaimer wasn't an unfair term, it is contradictory with the description. e.g. It's under Tesla's control how much "driving...
  18. E

    My experience taking Tesla to court about FSD

    Here is a draft Part 18 RFI to send off to Tesla. Update/amend as relevant to your case. (See attached) I suspect the Part 18 will go nowhere, it's an unusual procedure to use in a claim of this value and I suspect most county court judges would prefer just to have a hearing and get the thing...
  19. E

    My experience taking Tesla to court about FSD

    I've seen some updated documents from Taylor Wessing, so their litigation strategy is becoming clearer. One of the things they're trying to tie people up in is Requests for Further Information under Part 18 of the CPR. In the documentation I've seen, they're asking for information voluntarily...
  20. E

    My experience taking Tesla to court about FSD

    This is an understandable response from the finance company, but it's not correct. Remember, the finance company cannot make you sign away your statutory rights. Normally if there is a fault with a car they've financed, they'd expect the manufacturer to fix under warranty. So normally nothing...
  21. E

    My experience taking Tesla to court about FSD

    Agreed, and let's not feed the troll!
  22. E

    My experience taking Tesla to court about FSD

    I bought something from a company, they didn't deliver it and I took them to court. Glad I live in a first world democracy with strong laws to protect consumers. Didn't consider subscribing to it because this wasn't an option in 2019. Thanks for your input in the thread!
  23. E

    My experience taking Tesla to court about FSD

    We're thinking about this a different way! I would take action against the finance company. I suspect they'll be more pragmatic than Tesla, and will see they're on a sticky wicket and hence settle before getting a court date. Whether they then take action against Tesla probably depends on how...
  24. E

    My experience taking Tesla to court about FSD

    I'm guessing there are plenty of cars on finance and it's worth someone being a trailblazer here. I don't really see the claim is any different to mine, and it will be interesting to see how a finance company deals with it.
  25. E

    My experience taking Tesla to court about FSD

    It's probably worth a quick Google for "faulty car on finance", e.g. this page looks quite helpful: https://carplus.co.uk/faq/general/faulty-car-bought-on-finance/ I think you take action against the finance company. Perhaps amend the LBA and address it to the finance company, then share the...
  26. E

    My experience taking Tesla to court about FSD

    If you look at the timeframes in my original post, it realistically will take 6-9 months for an action to work its way through.
  27. E

    My experience taking Tesla to court about FSD

    Blimey, there's a debate on debate and some people are just trying to read this thread for help on how to get their money back!
  28. E

    My experience taking Tesla to court about FSD

    https://www.telegraph.co.uk/money/consumer-affairs/tesla-faces-legal-action-over-5800-driverless-car-promise/ I thought this was interesting from the article:
  29. E

    My experience taking Tesla to court about FSD

    Thanks GRiLLA, this is helpful. There's no reason that a manufacturer with FSD couldn't take UNECE standards into account. e.g. At the moment Tesla stops at traffic lights regardless whether they are red or green. And if FSD actually 'existed' there's no reason it couldn't disengage at a...
  30. E

    My experience taking Tesla to court about FSD

    As you note, Tesla changed the website to say "Upcoming" instead of "Coming later this year". I don't think this gives Tesla as much protection as lots of consumers think. The court approach to this is because "Upcoming" is not a defined term in the contract, then the court expects it to take on...
  31. E

    My experience taking Tesla to court about FSD

    I thought quite a bit about this before submitting my claim, because it was part of my evidence. If you break down this language they are saying a few things: This does not make your car autonomous Features are dependent on achieving reliability "far in excess of human drivers" Features are...
  32. E

    My experience taking Tesla to court about FSD

    Important... to be technically correct when you email Taylor Wessing the detailed particulars of claim, you also need to file an N215 form with the court: [email protected] I've attached my N215, but you should have slightly different details - e.g. Taylor Wessing's rather than Tesla's...
  33. E

    My experience taking Tesla to court about FSD

    That would be great - I'll drop you a DM.
  34. E

    My experience taking Tesla to court about FSD

    Would anyone be willing to speak to a consumer champion about this? If so, please send me a PM.
  35. E

    My experience taking Tesla to court about FSD

    Would anyone engaged in I've seen this cookie cutter reply many times already, you're just the first person to copy and paste. Doesn't change what the law says though. 🙂
  36. E

    My experience taking Tesla to court about FSD

    It doesn't have to be a value from Tesla, you just need a value with and without FSD.
  37. E

    My experience taking Tesla to court about FSD

    I hope you didn't use a calculator! ;)
  38. E

    My experience taking Tesla to court about FSD

    [email protected] You should quantify the additional trade in value you got for FSD when you bought your Model Y, then subtract it from what you paid for FSD. Your claim is actually tidier than mine because you've sold the car.
  39. E

    My experience taking Tesla to court about FSD

    The CRA is just the legislation I brought my claim under... a company purchase would follow a different path through a claim but I don't think that Tesla's MVOA would prevent a company from claiming under other legislation and common law.
  40. E

    My experience taking Tesla to court about FSD

    You're not the first person to get that in their response. They can say whatever they like in the agreement, but the Consumer Rights Act 2015 trumps the MVOA. They will 100% know this, their lawyers too, and it's cynical and unethical in my opinion for them to try and mislead you like this. You...
  41. E

    My experience taking Tesla to court about FSD

    Correct - the compensation you're handing over will depend on the number of claims, hence I was asking here. For many people it will be too much effort to run the claim themselves though, so it may be a good option. Also, the claim *should* be pretty simple which minimises costs.
  42. E

    My experience taking Tesla to court about FSD

    Thanks everyone who has contacted me on direct message here, email, Facebook, etc. I have been trying to keep on top of all the many messages I've had, and wondering about the best way of supporting everyone. I have a question to ask. Is there any interest in pursuing a group litigation? This...
  43. E

    My experience taking Tesla to court about FSD

    I think it's slightly more nuanced than that... Tesla would have to show why they genuinely believed they could deliver the feature in 2019, in evidence. I am pretty sure there's evidence out there to the contrary, e.g. Tesla staff begging Elon Musk not to make the promises he did about FSD at...
  44. E

    My experience taking Tesla to court about FSD

    OK, so I've had a quick look at this. If I was in your shoes I would run the claim under the Misrepresentation Act 1967. The content pretty much the same; Tesla's website said they would give you city streets autopilot by the end of 2019, as a result of that you paid for FSD, and they haven't...
  45. E

    My experience taking Tesla to court about FSD

    That's fine - still a valid LBA.
  46. E

    My experience taking Tesla to court about FSD

    If you are using my documentation and you bought as a limited company, this is correct. I based my claim on the Consumer Rights Act which doesn't apply to businesses. You still have very good protection under the Sale of Goods Act, but you need to use different documentation in your claim.
  47. E

    My experience taking Tesla to court about FSD

    Your call... but I gave them the opportunity in the letter before action to just refund me the £5800. When they made me issue court proceedings I then added the interest.
  48. E

    My experience taking Tesla to court about FSD

    Another question I've replied to privately... asking why I started the interest calculation on the court claim from 1st Jan 2020. My answer to them:
  49. E

    My experience taking Tesla to court about FSD

    To try and keep everything in the open, someone asked me: My reply:
  50. E

    My experience taking Tesla to court about FSD

    Just to flag up, I'm pretty sure that Tesla's website at some point said, "All Tesla vehicles have the hardware needed in the future for full self-driving in almost all circumstances”. The "almost all circumstances" was something I considered when putting together my case, because in my...