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My experience taking Tesla to court about FSD

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A question for those more legally versed than me.

I purchased a Model 3 with FSD in 2019 via Black Horse finance (the official or "default" finance company for Tesla at the time).

Legally speaking, it seems the finance company purchased the car from from Tesla, and then financed it to me.

How would I go about recovering the money for FSD, do I send the letter before action to Tesla or Black Horse?
 
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A question for those more legally versed than me.

I purchased a Model 3 with FSD in 2019 via Black Horse finance (the official or "default" finance company for Tesla at the time).

Legally speaking, it seems the finance company purchased the car from from Tesla, and then financed it to me.

How would I go about recovering the money for FSD, do I send the letter before action to Tesla or Black Horse?

#231

Hopefully it won't take 3 years for someone to come and give you an answer ...;)
 
A question for those more legally versed than me.

I purchased a Model 3 with FSD in 2019 via Black Horse finance (the official or "default" finance company for Tesla at the time).

Legally speaking, it seems the finance company purchased the car from from Tesla, and then financed it to me.

How would I go about recovering the money for FSD, do I send the letter before action to Tesla or Black Horse?

It's probably worth a quick Google for "faulty car on finance", e.g. this page looks quite helpful:

I think you take action against the finance company. Perhaps amend the LBA and address it to the finance company, then share the draft on here for comment?
 
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It seems you are correct, Ed:


10.2 However, under such contracts, a consumer's legal rights and remedies are against the finance company and not the car dealer. The dealer's obligations are to the finance company and will be detailed in the agreement between the two businesses.

That's me out for now unfortunately, until someone with more experience than me can prove this is a viable route.
 
Finance is a curious one because they are the ones that own the car. The agreement to purchase FSD was between them and Tesla, funded by the person who took out the finance agreement.

I would have thought Tesla could strike out a claim on the basis that they have no contractual relationship with the end user of a vehicle under a finance agreement, although that might be muddied by the type of finance agreement (e.g. PCP vs leasing) ?

Definitely an interesting one to test though.
 
Finance is a curious one because they are the ones that own the car. The agreement to purchase FSD was between them and Tesla, funded by the person who took out the finance agreement.

I would have thought Tesla could strike out a claim on the basis that they have no contractual relationship with the end user of a vehicle under a finance agreement, although that might be muddied by the type of finance agreement (e.g. PCP vs leasing) ?

Definitely an interesting one to test though.
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 many of these cases they get.
 
You can add 3rd parties to a claim, and a magistrate can look at the whole thing & award the money to the finance company if necessary. It might be worth going directly via the finance company though to see if they'll bring the claim on your behalf.. they have a more expensive legal team.
 
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For those on a consumer finance agreement, or even paid a deposit on your credit card, section 75 may be your friend.

You might even be able to have your cake and eat it ;)
this essentially applies to Tesla Loan as well. as tesla load provided by third party (Black Horse I think)...

I wonder, what is the treshold of "I am not satisfied with quality of goods"? 2 years and 42k miles - and then to claim I am not satisfied with quality of the car, radar removed, etc... :/
 
So you bought FSD, didn't like it and took Tesla to court.
Such a first world problem.
You could have subscribe for one month before buying it.
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!
 
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!
I'm sorry but UK is not a democratic nation.
It is a unitary parliamentary constitutional monarchy
 
So you bought FSD, didn't like it and took Tesla to court.
Such a first world problem.
You could have subscribe for one month before buying it.
No, you silly goose.

People bought FSD and there is no FSD in UK. Meaning they bought stuff which was not delivered.

Like you buy your car and they do not deliver.

but hey, muricans elect trump as president, so sanity in USA is really questionable thing