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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My company purchased an ex display business car with

Resolved Question:

my company purchased an ex display business car with unregulated hire purchase agreement worth £79000. the car is under manufacturers warrantee and since the beginning has been faulty and dangerous to drive with many electrical faults including missing drivers airbag. the car has been 4 times in for repairs within 7 months of ownership to only ignore the security hazards. only now they told us the car is unfit to drive due to fault of drivers airbag. They sold us the car like that and our life was at risk many times they didn't even bother repairing it when in workshop and pointed out to them. Now they are saying the new drivers seat needs to be orrdered and it will take 6 week when we cant drive the car. They have not provided a replacement
Submitted: 9 months ago.
Category: Law
Customer: replied 9 months ago.
It would cost to buy the same car new £79000 however as ex display from showroom we bought it cheaper. To make us satisfied we would be happy with the same equivalent or a better car replacement and compensation for the 7 months of putting our life at risk due to their negligence despite reassuring us the car is perfectly fit for driving and we have their answers in writing after each time we brought it in to work shop as it has always been having problems. as soon as we left the dealer the car blacked out on a motorway and stopped responding. then it rebooted itself. Apparently there were loose connections... the car had to be airlifted as it wouldn't even open the door. the car was sold to us unfit for the road and we need to know our rights with unregulated finance hire purchase agreement in place
Expert:  Ash replied 9 months ago.

Hello my name is ***** ***** I will help you.

What would you like to know about this please?

Alex

Customer: replied 9 months ago.
I would like to know what are our legal grounds to open a successful claim for compensation and to replace the car as we have nothing but security hazards with this one. We insist on continuing with the brand
Customer: replied 9 months ago.
Also how much can we open a claim for considering it's a business unregulated purchase hire agreement
Expert:  Ash replied 9 months ago.

When did you buy it?

Customer: replied 9 months ago.
The car was delivered the end of November 2015 and already the next day from pick up blacked out on motorway while driving. It had problems right from start as they never bothered checking the car. They airlifted the car back and I have in writing that they will make absolutely sure to perform all the tests that it will be returned In Perfect condition. It wasn't and we had to bring it in again and again and again...
Customer: replied 9 months ago.
The car is under 4 years warantee
Expert:  Ash replied 9 months ago.

And to confirm its been repaired 4 times? Have you had a second opinion on what's wrong?

Customer: replied 9 months ago.
Hi
The airbag issue was reported specifically twice but before that the car blacked out so everything was wrong and they were supposed to put it right. You can't have a second opinion as its a Tesla and only they are authorized to touch the car to respect the warranty. They had a list of problems to look at and had the car for 3 weeks in March for that. All they did was washed it and charged. When I insisted the car was in for warranty repairs they assured they fixed everything. They returned the car to us with the air bag error. Didn't even look at it.
When I kept calling and writing emails no one came back to me. I finally managed to get an appointment and again there was a long list of things that are wrong. They booked a car for a day and now it's been a week and they claim the car is unfit to drive which in fact we know has been from the start. They should have not sold this car
Expert:  Ash replied 9 months ago.

Have you had a second opinion?

Customer: replied 9 months ago.
This is Tesla there is no one other then them who can give a second opinion as no one has their technology
Customer: replied 9 months ago.
We are talking about a car that has no mechanics only electronics. It's an electric car
Customer: replied 9 months ago.
It's a patent protected secret noobody is familiar with the technology except Tesla
Customer: replied 9 months ago.
You don't need a second opinion to know that a car without a drivers air bag is not fit to drive and the car that blacks out all the controls including breaks while diving at 90 mph on motorway is not a safe car!
Expert:  Ash replied 9 months ago.

Ok. What is it you want to achieve, compensation or refund?

Customer: replied 9 months ago.
Change the car for equivalent but I know they don't have so a model up unless they find equivalent because our model is discontinued, plus compensation. Refund is out of question we want the car
Expert:  Ash replied 9 months ago.

Sadly you wouldn't be entitled to a refund anyway as you have had the car repaired several times. You can ask for a replacement and/or compensation.

You would need to write and ask for this within 14 days or say you will seek a court order, make sure you send this letter recorded delivery.

If they refuse then you can issue proceedings. You can't do this online as you are seeking an order to make them change and give you money.

So you would need to complete form n1

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf

A copy will be sent to the defendant and they will have a limited time to respond.

The court will then list the matter for hearing and decide what order to make.

Can I clarify anything for you about this today please?

Alex

Customer: replied 9 months ago.
with unregulated business car finance purchase hire agreement we have grounds to ask for compensation?
Customer: replied 9 months ago.
Thechnically the owner of the car is Alphera but their contract states that a replacement to equivalent car is possible. Who do we address the letter to? Alphera finance company or Tesla?
Customer: replied 9 months ago.
Based on which article of law can I make a claim?
Expert:  Ash replied 9 months ago.

Yea you have grounds under the sale of goods act. Your claim is against the co pansy you purchased it from.

Does that clarify? Alex

Customer: replied 9 months ago.
I will need a solicitor to represent us. Are you confident to take on Tesla or would you recommend someone aggressive. The claim would be the first one if it goes to court and might attract press and publicly as Tesla is a high profile fast growing international company. We will also claim legal expenses
Expert:  Ash replied 9 months ago.

Sadly I cant be instructed, nor anyone else on this site - this is a question an answer site. If you need a Solicitor you can go to:

http://solicitors.lawsociety.org.uk/

Yes you can claim legal costs.

Does that clarify?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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