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Should legal action be taken at this point?

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So, based on the title, you can tell I'm having a bit of trouble.
What would you do if this were you? What should I do?
WARNING: bit of a read

May 7th: I first ordered my Model Y (this was shortly after the factory reopened).
June 25: I was told it was almost ready and would be on it's way to the local office.
July 1st: I was told it was damaged in transit and they would make another one (a bummer, but understandable).
July 22: I got a message saying the 2nd car has arrive and would be loaded up for delivery and shipped in 48 hours (I had opted for house delivery).
**At this point they have already received the money for the car. The first payment wasn't due till August 20.
5 days later, no car or contact. So I messaged to asked what happened.

[This is where it gets interesting.]
They said, "there was an issue with the car when he was on the highway. The hood flew open and cracked the windshield." That got my attention. I asked what actually happened to the car (it might not have been closed properly). Then I received a direct call in which he explained the frunk hood latch HAD broken causing the windshield to fly open. In fairness, he said he had never seen that before, and they would be sending another one... However, if I had received that vehicle, that would have eventually happened to me going 70+ on the freeway. I really dodged a bullet, but now I'm worried. This means it was likely a manufactured issue. So I don't know if this batch of Y's shares this problem. I was tempted to just cancel because that is a serious safety concern, but I'm seeing it through.

It gets a little weird here.
I also got a message saying they had a car ready to ship with 20" wheels or I could wait for my exact build. They didn't say if I had to pay the extra $ for them or if it was some kind of apology offer. So I asked (pretty sure they would make me pay the extra $2k but it never hurts to ask). He said he would see what they could do. This was July 27.
August 5th: At this point they had been "dodging" me. They said things like, "haven't heard back from the manager," and, "waiting on a response." Finally they say, "They can't do the wheels but they have one with a black and white interior rather than all black."
But, again, they didn't answer the question. So I asked again, "Would that be for the same price as the original order?"
This second offer sounded like that was what they were trying to do. They never got back to me so I figured they were giving me their answer by ghosting me.
If they weren't going to allow that, they could have just said, "No."
The next day I get the auto txt saying my car would be ready in 2-4 weeks. At this point I admitted defeat, and left it at that.
August 19th (exactly 2 weeks later) I get the exact same auto txt. I asked if anything happened or if there were any updates. What about that first notification? No response. I have messaged several times over the past week for some kind of response, and I'm getting nothing.
I've now made my 1st car payment and am looking at making the 2nd before I actually have the car.
I feel as though I've been very patient throughout this process.
Now I'm tired, frustrated, and just want my car.
  • Informative
Reactions: RigelRVA
Who did you make the car payment to? Shouldn't you be calling them and telling them you have no car to make payments on? I mean, I definitely would not have made any payment on a non-existent car.
I paid Tesla directly. When you sign up for home delivery, you have to send the check first before they send the car. Which makes sense; any company is going to make sure they get their money first. At that point it's between you and the bank. I could decide to not pay, but then I would get late fees and a hit on my credit (I asked). Not worth it. Fortunately it can all be refunded if I decide to cancel.
As far as I know, I'm an outlier case. This hasn't really happened to anyone before (as far as I know). Most people just have their car at this point.
  • Informative
Reactions: kevin1 and CO_MY
Yeah, they have to collateralize the loan against the asset (i.e. VIN for a specific vehicle) so I'm not sure what you're making payments against.
It was, I had a VIN and everything, but that specific car was damaged on it's way to my house. (home delivery) So now they are making another one with a different VIN than the one that was on my check.
Why are you paying the loan? Did the bank release the money to Tesla? I would assume if you paid for the car and it was Damaged during transit then Tesla is going to send a new car to you.

Now at the very least Tesla should be giving you a loaner for a while. If you bank is willing to accept a different vin (I am assuming this what is happening.) then Tesla and the bank should work together. If not the loan should have been cancelled and paid off. I would be calling the State dealer license if you are forced to pay a loan on a non existent car.

You however should not be without something to drive they have insurance that covers your rental.
Not to beat a dead horse, but if you never accepted delivery and signed the paperwork, there SHOULD be no payment due. I think we are all a bit confused as to how you are making a car payment against a vehicle that hasnt been delivered.
I replied this to someone else too: When you sign up for home delivery, you have to mail the check for the full payment first before they send the car. The check would have the VIN and everything. Which makes sense; any company is going to make sure they get their money first. It goes from the factory to your local office (where you would normally pick it up). Then you send the check, and they'll deliver the car to your house. At that point it's between you and the bank. I could decide to not pay, but then I would get late fees and a hit on my credit (I asked). The car was damaged on it's way to me so they are building another one. But they have already accepted payment for the broken one. Why they didn't return the payment at that point is beyond me.
Wow, what a mess. Tesla requiring payment before delivery opens the door for a fiasco like this. I agree with the replies, especially regarding a loaner vehicle if you chose to make a payment per the initial VIN's contract. You signed a binding agreement with Tesla; their car for your money. Hindsight is always 20/20, but I wouldn't have paid a dime for a car I didn't have, regardless of the initial credit hit (it's a pain, but you can fix that later with the bureaus). As of now, if you choose to continue with your payments per the contract, you need to demand a loaner vehicle. If they refuse a loaner, I don't see an option other than to demand refunds and a cancellation of the contract. You've made payments, per CONTRACT, and they haven't provided a vehicle, per CONTRACT. Legal action is certainly an option if they refuse a loaner AND keep your money.
I think you guys are missing the point bag it’s impossible to have the car delivered to you without paying. You and Tesla could go back and forth for weeks and nothing would happen. Tesla requires payment before handing over the car. I took delivery via 3rd party transport because I was 200+ miles from the delivery center AND it saved me $600+ in sales tax. Tesla isn’t going to hand the car over the transport company without it being paid for, period.

For some of us it’s not realistic to swing by the store to pick up the car, especially true when Tesla often doesn’t have the car ready... 4 hour drive and 200 miles and if I had to get a hotel because the car wasn’t ready, it would be really frustrating...
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Reactions: Reborn

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