Vehicle Rejection

[rufmeister]

Please bare with me as I’m not the brightest…

Bought a brand new Tesla, developed a series of faults and reported within 14 days, but Tesla couldn’t fix them.

Car has now been with them 6 weeks, and allegedly fixed in next day or so.

Car bought 9th August

Faults reported 16th August

First try to rectify 30th August

Back in 12th September until now, lower spec courtesy car provided

Fault was pretty major, floor pan flexing and popping from drivers seat mounts, rectification is apparently sprayable foam.between floor and fixings.

Too long a time without the car I paid for, and too major a fault for me to be happy with.

Finance company been informed but they said can’t do anything as Tesla said it must be rejected within 14 days.

In terms understandable for a 7 year old, what can I do now?

[skyebear]

Assuming this is in the UK, the Consumer Rights Act 2015 has you covered and regardless of what Tesla state regarding their terms they DO NOT supersede UK law.

Which sets it out quite succinctly:

https://www.which.co.uk/consumer-rights/regulation...

Google right to reject templates and they'll provide the bones.

I'm not 100% on whether the rejection goes to dealer or finance company, or both but for the sake of a name edit in Word I'd send it to both.

[Mojooo]

HP/PCP contracts are with the finance company.

[Trevor555]

rufmeister said:

Finance company been informed but they said can’t do anything as Tesla said it must be rejected within 14 days.

Reject the car to the finance company.

And if they repeat the above nonsense make a complaint to the FCA

[rufmeister]

Trevor555 said:

Reject the car to the finance company.

And if they repeat the above nonsense make a complaint to the FCA

Thanks!

Yes it’s in the UK.

Tesla int deal with me due to the finance company being g legal owners, told finance company 3 weeks ago I wanted to reject and they genuinely seem clueless about it all.

Will chase up today as don’t want to collect the car and be told “you accepted it back so your problem”

Or am o ok to collect it having been repaired and still continue the rejection?

[Jamescrs]

I'll stand to be corrected but to my knowledge if you are rejecting the car you have to stop using it at that point so I suspect collecting the car and taking it home "may" weaken your position for rejection because it could be interpreted as you collected the car accepting the repair to at least see if it has now been sorted.

Also I suspect you will have no further right to the courtesy car so you will likely have to return it or at least make it available for collection. From what I have previously read on this don't expect them to simply fold over and refund you, it could be a drawn out process if they don't play ball, do you have access to another car in the interim period?

[rufmeister]

I do have another car so that’s probably the safest option, return courtesy car and deal with finance company.

Thanks all for the advice and I will update with any progress.

[DD3566]

Something to bare in mind with Tesla's, if it's a Model 3 or Model Y, is that there is no "Floor" in the traditional sense. The seats mount onto brackets which are welded to the top of the battery itself. So if you drop the battery there is a big hole in the bottom of the car. The Lid of the battery is also bonded to the tops of the cells, so the whole battery enclosure is a bonded sandwich of enclosure and cells.



This means if the "Floor" feels loose and is popping, there is a chance it's become unbonded from the tops of the cells in that location. I'd certainly be rejecting any Tesla which raised doubts about the integrity of the seat/battery interface. If it has become unbonded then during a crash the seat might not be fully secure.

This is a good video showing how the seats interface with the battery: https://www.youtube.com/watch?v=FXpfU6I_T3w&t=...

[Trevor555]

rufmeister said:

Trevor555 said:

Reject the car to the finance company.

And if they repeat the above nonsense make a complaint to the FCA

Thanks!

Yes it’s in the UK.

Tesla int deal with me due to the finance company being g legal owners, told finance company 3 weeks ago I wanted to reject and they genuinely seem clueless about it all.

Will chase up today as don’t want to collect the car and be told “you accepted it back so your problem”

Or am o ok to collect it having been repaired and still continue the rejection?

My strong advice to you is to contact citizens advice today, before starting any process.

Because they will give you a case number.

Then quote the CAB case number on all correspondence to the finance co. (they will know you're informed, and CAB are monitoring)

CAB will also point you to their template letters on their website so you get all the correct wording for your rejection.

And as Jamescrs says, you have to stop using your car, or return the loan car.

Dealer may insist you collect the car, but that doesn't weaken your position as long as you don't use it, but then I'd push the finance company to collect it.

Please contact CAB, that reference number is very powerful.

And deadlines, you must give deadline, 14 days for responses to your letters.

Then the threat to complain to the FCA is so powerful.

If the finance company push back at you, tell them you're complaining to the FCA.

Don't let them convince you that any other ombudsman is their process, go straight to the FCA.

FCA charge the finance co for their case, and can fine the dealer/finance company.

Best of luck, and please let us know the progress.

[rufmeister]

DD3566 said:

Something to bare in mind with Tesla's, if it's a Model 3 or Model Y, is that there is no "Floor" in the traditional sense. The seats mount onto brackets which are welded to the top of the battery itself. So if you drop the battery there is a big hole in the bottom of the car. The Lid of the battery is also bonded to the tops of the cells, so the whole battery enclosure is a bonded sandwich of enclosure and cells.



This means if the "Floor" feels loose and is popping, there is a chance it's become unbonded from the tops of the cells in that location. I'd certainly be rejecting any Tesla which raised doubts about the integrity of the seat/battery interface. If it has become unbonded then during a crash the seat might not be fully secure.

This is a good video showing how the seats interface with the battery: https://www.youtube.com/watch?v=FXpfU6I_T3w&t=...

This one response is why I love PH! Thank you so much!

[rufmeister]

Trevor555 said:

My strong advice to you is to contact citizens advice today, before starting any process.

Because they will give you a case number.

Then quote the CAB case number on all correspondence to the finance co. (they will know you're informed, and CAB are monitoring)

CAB will also point you to their template letters on their website so you get all the correct wording for your rejection.

And as Jamescrs says, you have to stop using your car, or return the loan car.

Dealer may insist you collect the car, but that doesn't weaken your position as long as you don't use it, but then I'd push the finance company to collect it.

Please contact CAB, that reference number is very powerful.

And deadlines, you must give deadline, 14 days for responses to your letters.

Then the threat to complain to the FCA is so powerful.

If the finance company push back at you, tell them you're complaining to the FCA.

Don't let them convince you that any other ombudsman is their process, go straight to the FCA.

FCA charge the finance co for their case, and can fine the dealer/finance company.

Best of luck, and please let us know the progress.

On the line to them now, thank you!

[skyebear]

DD3566 said:

Something to bare in mind with Tesla's, if it's a Model 3 or Model Y, is that there is no "Floor" in the traditional sense. The seats mount onto brackets which are welded to the top of the battery itself. So if you drop the battery there is a big hole in the bottom of the car. The Lid of the battery is also bonded to the tops of the cells, so the whole battery enclosure is a bonded sandwich of enclosure and cells.



This means if the "Floor" feels loose and is popping, there is a chance it's become unbonded from the tops of the cells in that location. I'd certainly be rejecting any Tesla which raised doubts about the integrity of the seat/battery interface. If it has become unbonded then during a crash the seat might not be fully secure.

This is a good video showing how the seats interface with the battery: https://www.youtube.com/watch?v=FXpfU6I_T3w&t=...

It's ok though, a bit of spray foam will sort that right out...

[liner33]

skyebear said:

DD3566 said:

Something to bare in mind with Tesla's, if it's a Model 3 or Model Y, is that there is no "Floor" in the traditional sense. The seats mount onto brackets which are welded to the top of the battery itself. So if you drop the battery there is a big hole in the bottom of the car. The Lid of the battery is also bonded to the tops of the cells, so the whole battery enclosure is a bonded sandwich of enclosure and cells.



This means if the "Floor" feels loose and is popping, there is a chance it's become unbonded from the tops of the cells in that location. I'd certainly be rejecting any Tesla which raised doubts about the integrity of the seat/battery interface. If it has become unbonded then during a crash the seat might not be fully secure.

This is a good video showing how the seats interface with the battery: https://www.youtube.com/watch?v=FXpfU6I_T3w&t=...

It's ok though, a bit of spray foam will sort that right out...

Needs "Mansory glue" clearly

[rufmeister]

Spoken to to Citizens Advice, they informed me as finance is in my business name, it’s a different set of circumstances, quite why I don’t know.

Have tried escalating with finance company but they’ve said I won’t here till next week.

Will drop off courtesy car and leave “mine” there.

Keep you posted.

[carl_w]

rufmeister said:

Spoken to to Citizens Advice, they informed me as finance is in my business name, it’s a different set of circumstances, quite why I don’t know.

Consumer Rights Act doesn't apply to B2B transactions.

[skyebear]

rufmeister said:

Spoken to to Citizens Advice, they informed me as finance is in my business name, it’s a different set of circumstances, quite why I don’t know.

Have tried escalating with finance company but they’ve said I won’t here till next week.

Will drop off courtesy car and leave “mine” there.

Keep you posted.

Ah that's a key bit of info you hadn't shared. Consumer Rights Act applies to, er, consumers. If your business bought the car then you may need to rely on the Sale of Goods Act where the test is whether a reasonable person would think goods were of a satisfactory quality.

I'm sure someone better informed on business contract law will be able to advise you.

[Mojooo]

For B2B, all those terms can also be excluded.

[Trevor555]

rufmeister said:

Spoken to to Citizens Advice, they informed me as finance is in my business name, it’s a different set of circumstances, quite why I don’t know.

Keep you posted.

Ah that's a shame it was a business purchase.

Ignore all my waffle, I wrongly presumed you were a consumer, not a business purchase.

[rufmeister]

Didn’t realise it made such a difference, apologies for getting over excited.

Simply thought of a car is faulty, it’s faulty, regardless of who or what purchases it.

[skyebear]

rufmeister said:

Didn’t realise it made such a difference, apologies for getting over excited.

Simply thought of a car is faulty, it’s faulty, regardless of who or what purchases it.

I believe the thinking behind the CRA is that a consumer is a "weaker party" than a business when entering into a contract and therefore deserving of more protections under law. Whereas a business is assumed to be able to avail itself of legal and/or financial advice before entering into a contract.

Are you a member of any business associations or groups that may be able to assist with legal advice? There's also business forums online that you could post in too.