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Just Won a Small Claims Case Against Tesla – A Triumph for Autopark Failure Victims!
- Thread starter dkrupenn
- Start date
First, if your deposit is on a credit card, dispute this with the CC company. This will be a lot faster and easier.
If you have to go small claims, there are plenty of resources online on how to use small claims, you can look them up with a simple google search. Make sure you look them up for your state, as each state is different.
You do not have to address their legal department. Their purchase agreement tells you to send all legal concerns to [email protected]. However, I've done that many times and never once received a response until I had a judgment in hand. You have no legal obligation to contact them before the small claims filing. As part of the small claims process, you will need to serve them at some point, which is the only correspondence you send, and that can't be via email.
There's a lot more information in this thread:
How to sue Tesla over historical claims
I sued Tesla in small claims and won. Twice! You can too. I had two claims: I have a car with AP2.5. Tesla advertised this car as having “all hardware needed for full self driving capability.” When I went to subscribe to “Full Self Driving Capability,” Tesla required a $1,000 hardware upgrade...
teslamotorsclub.com
I’ve understood that you are talking about the $250 deposit which is paid when ordering a car. That deposit is non redundable, as indicated by Tesla
I’ve understood that you are talking about the $250 deposit which you paid when ordering a car. That deposit is non-refundable after cancellation, as indicated by Tesla.
I’ve understood that you are talking about the $250 deposit which you paid when ordering a car. That deposit is non-refundable after cancellation, as indicated by Tesla.
MrBadger
Badger out
@Shawn1 looks to be in the UK. They are subject to UK law and not other countries law or Teslas interpretation of the law.
Under UK consumer law, which doesn’t anpply if it’s a company purchase, consumers are protected under Section 75 of the consumer credit act and also by distance selling regulations/consumer rights act.
Tesla know all about these which is how many people have got things fixed, such as free premium connectivity for life, different spec delivered than that ordered, FSD etc.
Under distance selling regulations, if you purchase anything not on site, ie by phone, internet etc, then you have a legal right to change your mind within 14 days of taking possession of an item (there are some exclusions but they do not apply here). There does not need to be any fault or anything with the item, you can simply reject it and not even give a reason. Item must be returned in a resellable condition though. Basically it give you similar advantage to seeing an item in person and buying in a shop, examine it, and see if it works as you want.
This trumps any small print in the contract. In fact, if this right to return is not made clear in the terms then the buyer has even more rights.
Section 75 also gives protection when things do not work out. It makes the credit card company equally as liable as the manufacturer. You still have to prove how things didn’t work out, but credit company take a much more lax approach so keep their customer happy. It’s a good approach to getting FSD refund in UK and for many, because it’s between purchaser and credit company, FSD has remained enabled.
We have good consumer law in UK that trumps any small print etc that a company might try and impose. In fact if they try and impose clauses that are deemed unfair (ie put consumer in a worse position than they should by law be in), then company can be legally hit with applying unfair terms.
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MrBadger
Badger out
If it’s not company purchase, point them in the direction of distance selling regulations/consumer rights act. Worth googling to see how to see how this works in its current form and what you and Tesla need to do.
Sounds like Tesla might be in breach of this regarding how long to provide refund. Off top of my head I think they should have fully refunded you within 14 days of you notifying them of right to reject.
seenhear
Member
I still don't see how you obtained the logs of your car showing when it had autopark engaged. Did Tesla supply these data for you, and thus incriminated themselves regarding their claim you didn't have it turned on?
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