Tesla faulty entertainment system

cols5

the_lunatic_is_in_my_head said:

cols5 said:

 So my question is is this covered under the consumer rights act 2015 ?   

Typically yes OP but rights are with the trader (unless you purchased directly from Tesla) and after 6 months from delivery burden of proof sits with yourself so you'd ideally need something (typically an independent inspection) to show that the system was not of satisfactory quality (rather than this being something like user error/misuse/etc) and then you'd go to the trader to request a remedy + the cost of the inspection.

If you didn't buy from Tesla direct no harm in asking the trader to resolve without the inspection but if they fail to/refuse ideally you want something to prove your case (proof is only on the balance of probability, i.e more likely than not). 

The CRA covers digital content so if I assume a car is mixed in that it's goods with digital content and the digital aspect should also meet the requirements of the CRA. 

I bought directly from Tesla as most do I am not sure an independent would touch as its all integrated into the car.
Miss use is impossible all you have is what your given you cant change anything. you only have a graphic equalizer which is software and a volume control. You can only blue tooth to the the car so cant pre-amp which could blow something up.  If it can be miss used then that's a design error on their part they spec the system and design it.
So are you saying I cant go down the route of reasonable length of time?   

powerful_Rogue

cols5 said:

the_lunatic_is_in_my_head said:

cols5 said:

 So my question is is this covered under the consumer rights act 2015 ?   

Typically yes OP but rights are with the trader (unless you purchased directly from Tesla) and after 6 months from delivery burden of proof sits with yourself so you'd ideally need something (typically an independent inspection) to show that the system was not of satisfactory quality (rather than this being something like user error/misuse/etc) and then you'd go to the trader to request a remedy + the cost of the inspection.

If you didn't buy from Tesla direct no harm in asking the trader to resolve without the inspection but if they fail to/refuse ideally you want something to prove your case (proof is only on the balance of probability, i.e more likely than not). 

The CRA covers digital content so if I assume a car is mixed in that it's goods with digital content and the digital aspect should also meet the requirements of the CRA. 

I bought directly from Tesla as most do I am not sure an independent would touch as its all integrated into the car.
Miss use is impossible all you have is what your given you cant change anything. you only have a graphic equalizer which is software and a volume control. You can only blue tooth to the the car so cant pre-amp which could blow something up.  If it can be miss used then that's a design error on their part they spec the system and design it.
So are you saying I cant go down the route of reasonable length of time?   

You can, but Tesla don't have to do anything until you prove the fault isn't of your making. (See previous posts regarding burden of proof after six months and inspection reports.)

You could goto court, however you would need to provide some kind of evidence.

the_lunatic_is_in_my_head

cols5 said:

So are you saying I cant go down the route of reasonable length of time?   

Nope not at all  

Whether goods or digital content, both are required to be of satisfactory quality which includes durability (basically lasting a reasonable time whilst considering the price).

Where that isn't the case you are entitled to a repair or replacement, if neither are preformed you are entitled to reject for a refund (minus use) or to obtain for a price reduction. 

Alternatively you could have it fixed and claim the cost as damages for general breach of contract (as the parts of the CRA are automatically included in a B2C contract). 

The hurdle here is that as the one making the claim burden of proof lies with yourself. 

It's common for people to post on here and say the motherboard has failed on their TV, now nobody is opening their TV up and poking the motherboard but if upon inspection the TV is found to be full of dust with the plastic housing warped because it's been sitting above a wood burning stove that tips probability away from the durability of the motherboard and towards the user. 

My car is 17 years old and cost £700 so as you can imagine we are a world apart in terms of motoring experience here, for all I know a squirrel could be living in the car chewing the wires. 

I've never seen anyone on here state how claims are decided where it isn't obvious from looking at the goods that they are "faulty", so for that reason an inspection is advised if looking to follow through with going to court. 

If no one else will look at and/or repair the car, I guess the two options are pay Tesla for diagnostics, if they confirm what the fault is and it's enough to say the car is the issue get them to fix it and then sue them for the costs involved, or just get them to fix it and hope they tell you what the issue was. The risk here is that Tesla aren't independent and may not be forthcoming with details as to what the exact nature of the issue is or more importantly what caused it. 

If I were you I wouldn't be happy either, if they are saying £6-800 to test and fix at least that's a small amount to claim back and maybe Tesla are less likely to bother defending such a claim (compared to one for tens of thousands) and will pay if you send a letter before action/start small claims after getting the car fixed.