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Tesla VT - additional repayment taken

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  • Tesla VT - additional repayment taken

    First, I would like to thank this website and the excellent posts by @R0b in providing guidance on the whole VT process. Despite having tried to sell my Tesla through Autotrader and then via Motorway & Carwow, all offers were substantially less than the amount owed to Tesla finance.

    I therefore took the decision to VT the vehicle and gave notice by email on 19/12/24 as well sending a letter by Special Delivery. Given that the festive season was rapidly approaching and I had heard nothing further, I phoned Tesla Finance (23/12/24) and left a message (the only option) requesting a callback, but there was no response. I chased again by email on 30/12/24 and 6/1/25 and finally received an acknowledgement on 10/1/25. Matters then progressed reasonably quickly thereafter and the car was dropped off on 18/1/25 with no surcharges as the car was in excellent condition.

    My query relates to the Tesla taking an additional direct debit in January. The car was purchased 30/6/22 and the first repayment was made on 1/8/22 (debited to my bank account 3/8/22), so the 29th payment was made on 1/12/24. At the point notice of voluntarily termination was given on 19/12/24, I had paid £32,353.34 (Consisting of £100 order fee, £16,000 deposit followed by 29 payments of £560.46). This exceeded the half way point of £32,266.19 specified in the contract. I ceased using the car on 19/12/24 as I had given Tesla notice of the termination.

    However, on 6th January 25, Tesla took a further direct debit of £560.46. I deliberately did not cancel the DDR mandate as I did not want a possible defaulted repayment to show on my credit record. I asked for the January repayment to be refunded as it was taken after I gave notice that I wished to terminate the contract and the 50% point had already been reached. However, Tesla are refusing to refund the additional payment as they are saying “Since you chose to voluntarily terminate your vehicle on 19/01/2024, you are still required to pay the January payment, as it covers usage from the previous month in December”. In a separate email, there explanation is:

    “So with regards to the monthly payments, despite you notifying us in December that you would like to voluntarily terminate your agreement, we charge all of our customers for the months of the usage of their car and not when they have notified us that they want to return the car.
    Since the car was returned in the month of January, the monthly charges apply until the car has been returned to us. Therefore the January direct debit is for the usage of the December month despite you notifying us in December that you would like to voluntarily terminate the contract.”

    Are Tesla correct as it appears they are saying they base their calculation on usage, not the date notice was given or the 50% point was reached?

    Your help on this point would be very much appreciated please.
    Tags: None

  • #2
    Hi Andy

    Welcome to LB

    You can VT after you've paid 50%, so wouldn't that last debit payment take it over 50%. I would read through you Terms and Conditions, even if it says 'different', the Terms and Conditions maybe 'unfair'. Once you've done that, lodge a Formal Complaint with Tesla Finance, then you'll get a Final Response / Dead Lock letter, if your not happy then you can lodge a complaint with the Ombudsman.

    You could also try to claim a refund via the Direct Debit Guarantee. Contact your bank.

    https://www.directdebit.co.uk/direct-debit-guarantee/

    https://legalbeagles.info/forums/forum/legal-forums/motoring-parking/vehicle-finance-and-issues/77730-a-guide-to-voluntary-termination-your-rights

    Comment


    • #3
      Hi Echat11,

      Thank you for your reply.

      In the actual agreement, there is no mention of usage. The wording states:
      TERMINATION: YOUR RIGHTS
      You have a right to end this agreement early in accordance with the terms below. To do so, you should write to the person who you make your payments to TFSSupport@tesla.com. They will then be entitled to the return of the goods and to half the total amount payable under this Agreement, that is £ 32,266.19. If you have already paid at least this amount plus any overdue instalments and have taken reasonable care of the Vehicle, you will not have to pay any more.

      From reading the VT guide (page 18), my understanding was that Section 173 prohibits lenders from imposing contractual obligations that go beyond the scope of the protection afforded by the Consumer Credit Act. The guide states that the lender has no legal right to force you to keep up with these payments until the vehicle has been collected. I specificaly stopped using the car on the date notice was given to avoid any claim by Tesla that I had continued to use the car.

      If I am due to make the January payment, I have no problem in honouring my commitment. However, my reading of the guidance is that Tesla is asking for something that is outside of the requirements of Section 173.

      I did consider a claim under the DDR Indemnity, but in my eyes, that is me taking the money rather than Tesla admitting that they are not entitled to it. Therefore, I will probably go with the formal complaint followed by the Ombudsman if necessary.

      Comment


      • #4
        Update when you get a response.

        Comment


        • #5
          IMO you are right, Tesla should not have debited January's payment
          You were within your rights (having paid 50% of the loan) to terminate the agreement on 19.12.24 and made the car available for collection
          The VT Guide under the Q&A section recommends the VT date should be 14 or more days before the next d/d payment is due, leaving time for the car to be collected
          You could have cancelled the d/d with your bank before January's payment was due, notifying Tesla Finance you had cancelled the d/d agreement

          Comment


          • #6
            Thank you Echat11 & Pezza54.

            I have now responded to Tesla as outlined above and will provde an update when I receive a response.

            Regarding the 14 days mentioned in the guide, I took that as meaning I should keep the car taxed and insured for 14 days to allow time for collection which I did. I stopped using the car at the point notice was given on 19/12/24.

            Comment


            • #7
              The Q&A about cancelling the direct debit clearly state the direct debit can be cancelled once the lender has received the letter of termination of the finance agreement
              £500 is worth fighting for.

              Comment


              • #8
                Absolutely. The only reason i didn't cancel the DDR was that a rejected payment whilst the agreement was live would probably automatically get flagged with the credit reference agencies as a missed payment and I wanted to avoid that possibility. I still have the option of a DDR indemnity claim but would prefer Tesla to do the right thing.....

                Comment


                • #9
                  I promised to provide an update once I had received a response from Tesla.

                  Initially, Tesla said that the additional payment in January did not need to be refunded as it covered usage from the previous month in December. I therefore raised a formal complaint by email pointing out that 50% of the amount of the agreement had been paid when the agreement was terminated in December and that I had immediately stopped using the car - the subsequent delays had all been on their side. A letter of final response was requested if Tesla were not prepared to refund the payment, so that I could escalate the matter to the Financial Ombudsman Service.

                  After receiving an acknowledgement, I received a response 3 weeks later apologising for the delays and offering a full refund of the January payment. A welcome outcome as it saved me having to escalate the matter to the Financial Ombudsman.

                  Thank you all for your support and especially for the VT guide and templates.

                  Comment


                  • #10
                    Well done, good to see it resolved.

                    Comment


                    • #11
                      Good news. Thanks for updating the forum

                      Comment

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