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My experience taking Tesla to court about FSD

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Hi All. Just referencing my earlier posts here:


As the foundation of our claims is regarding the misleading marketing of Tesla, I'm finding it difficult to rationalise that my claim should be against the finance company instead (even though the literature I've found strongly suggests this is the case).

Can the finance company be held responsible for Tesla's marketing? Perhaps those that purchased on finance are caught in a scenario where there is actually no basis for a claim against either party?

My feelings and thoughts aside, I wonder if anyone has any additional thoughts on what is the correct approach here, strictly from a legal perspective.
 
From the Consumer Rights Act 2015:

3 Contracts covered by this Chapter​

<snip>
(2)It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—

(a)a sales contract;

(b)a contract for the hire of goods;

(c)a hire-purchase agreement;

(d)a contract for transfer of goods.

and

11 Goods to be as described​

(1)Every contract to supply goods by description is to be treated as including a term that the goods will match the description.

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 it as appropriate. If they come back saying that this is not the description, you can ask them what *is* the description.
 
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If you ask yourself what information was actually on the finance companies website- one picture alone didn’t induced the lease contract. It would be natural and very reasonable that you relied upon the manufacturers representations.

By your signature to this Agreement you also confirm that:
• you acknowledge that you have been given Pre Contract Information in relation to this Agreement before signing it, and you have been given an opportunity to ask questions about that, and this Agreement if you wanted to.
• you have chosen the Vehicle as suitable for your purposes and request us to purchase the Vehicle from the supplier;

Worth checking the PCI info you got. If you didn’t that’s a claim all of its own.

Re point 2. You did this by looking at Tesla’s website - what other source of information where you supposed to go on?
 
next move, in my case, is to fill the directions of questionnaire.
TW said:
D. "The claim involves questions of fact (e.g. the vehicle was not as described) which will require evidence and involves points of law on which the Court will benefit from written as well as oral submissions"
I think to write the same and add " video evidence" and to show how bad is auto park, lane change.

E1. Hearing venue : I will prefer Manchester, TW prefer Central London
E2. no experts
E3. witnesses :1
TW also informed me about RFI CPR Part 18, but as @edb49 said, I will wait for their application.
 

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Apply to the high court and send in the bailiffs. That would be interesting to watch in the next episode of ‘can’t pay, we will take it away’.

They’ll pay in reality because once the CCJ is issued, it’s enforceable and they have the assets to enforce against.
 
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This morning received another email from TW and very kindly offered more time to respond to their RFI.
Maybe I should to give them some response.
@edb49 what you think?
 

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Just emailed them today to request a refund for the EAP to FSD upgrade I bought in 2022. Looks like it will be a bit of a slog via small claims but this thread is a great resource.
Question, does anyone know if "auto steer on city street" always said "upcoming", I swear when I bought it it said "coming soon". Seems like the language as evolved. Bought April 2022 if anyone is smart enough to see cached versions of sites.
 
That was quite late, much of the wording had been changed by then..


Says 'upcoming' although I'd consider it word games to deny a claim based on that.. clearly it doesn't mean 'sometime before the heat death of the universe, possibly'.

There's a promise in there that FSD will be continuously upgraded, which it clearly hasn't been. AP now is pretty much identical to AP in 2019.