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  • FIRST POST
    • smipx013
    • By smipx013 9th Jan 17, 9:29 AM
    • 43Posts
    • 14Thanks
    smipx013
    Should I join the VW Class action - Slater & Gordon - January 2017
    • #1
    • 9th Jan 17, 9:29 AM
    Should I join the VW Class action - Slater & Gordon - January 2017 9th Jan 17 at 9:29 AM
    MoneySavingExpert Insert:

    We've published a news story on the VW Emissions issue you might like to read: Was your car affected by the VW emissions scandal? You could claim £1,000s by joining lawsuit (if it wins)

    Back to smipx013's original post...

    --------

    Hi,

    I wanted to open a discussion about the latest move by Slater & Gordon who are asking folk who signed up to the VW Scandal updates.

    They have sent me an email saying they are ready to start a class action lawsuit and that I can sign up if I wish.

    They are looking to take "around 30%" as a no win no fee of any final settlement amount. They are suggesting the figure could be up to £3000 so that could be in the region of £900 per claimant.

    What does everyone think? Too much (30%) or a fair amount??


    Here is the complete email from Slater & Gordon on case you are not a recipient:

    Good Afternoon,
    Happy New Year.

    Proposed Group Action

    We have got good news. We are now in a position to commence legal action against Volkswagen AG, Audi AG, Skoda Auto a.s., SEAT S.A. and Volkswagen Financial Services (UK) Limited (jointly “VW”).

    We’re alleging fraudulent behaviour (deceit) in respect of fitting your vehicles with the defeat device, cheating emissions tests and hoodwinking the UK authorities into allowing non-compliant vehicles to be sold to members of the public. We’re also seeking damages from any adverse effect of the ‘fix’ and in addition punitive damages. Punitive damages are damages intended to hold VW to account rather than just compensate vehicle owners and are only available in certain circumstances.

    In order to bring the claim in the most cost effective manner for you all, we’ve teamed up with another law firm, Harcus Sinclair, to sue VW and leading barristers have been instructed who are experts in their field; so we’re confident you’ll have the best possible legal team fighting your case.

    Finally we’ve applied to the court to ask that they make a Group Litigation Order so that this case can be managed as a Group Action.

    How to become a claimant in the Group Action

    Currently you’re not clients of Slater and Gordon or part of the Group Action. In order to become a client, and thereby officially part of the Group Action, you will need to register at www.vwemissionsaction.com. This website also contains all the documents you’ll need to read before you can become a client and contains an FAQ section which will answer any questions you have.

    You can join the Group Action even if you have sold the car; had the fix carried out; not had the fix carried out; own the car jointly or purchased via VW’s (and Audi / SEAT / Skoda’s) own financing service.

    No win No Fee Arrangement

    We’ve been very busy agreeing the terms of the funding for this claim and are pleased to confirm that we will run the claim on a ‘no win no fee’ basis. This is in conjunction with a Third Party Litigation Funder which importantly means you will only pay the funder if we win at trial or settle by negotiation. Just as importantly you will not pay the funder anything for our fees or those of our experts and barristers if we lose. We’ve also secured an indemnity from the funder for adverse costs so that you will not need to pay VW’s fees if the Group action loses.

    In order to pay for this the funder will look for a deduction of around 30% from your compensation. This is to pay for (a) litigation funders investment; (b) our costs; (c) Harcus Sinclair’s costs; (d) counsels’ costs; (e) expert’s costs; (f) court fees. This means you will keep around 70% of your compensation.

    Full details of the fee agreements you will need to review and agree can be found at www.vwemissionsaction.com.

    Why should you sue VW?

    Although we think the compensation per vehicle will be modest, we’re keen to highlight not only the fraud you’ve suffered, but also the damage to the environment your vehicles have unlawfully caused. We’re also determined to hold accountable a multinational corporate giant who has seen fit to lie and cheat its way to greater profitability at your expense.

    What are the details of the claim?

    The full legal claim which we’re proposing can be found in a document called the Generic Particulars of Claim which can be accessed at www.vwemissionsaction.com.

    Committee
    In order to keep costs low, we’ve set up a committee of five claimants who we’ll communicate with and take instructions from. The committee in turn will communicate with the claimant group as a whole. When you sign up you’ll be required to agree to the Joint Terms of Business of Slater and Gordon and Harcus Sinclair and to the Authority Document which will make the committee your agents to act on your behalf during the litigation. This is so that the claim can be managed as efficiently as possible and to reduce the cost of running the litigation. Full details and an in-depth explanation can be found at www.vwemissionsaction.com.

    Next Steps

    If you want to join the action and become an official part of the litigation, please sign up at www.vwemissionsaction.com as soon as possible.

    If you have any questions, please do not email or call Slater and Gordon directly. Instead, we’ve set up a dedicated website with FAQs to help with your queries at www.vwemmissionsaction.com/faqs.

    Once you’ve signed up and are a client, we’ll be in touch as to the next steps.

    We wish you well for 2017.
    Kind regards,
    Jacqueline Young
    Head of Group Litigation
    Slater and Gordon




    thanks
    Paul
    Last edited by MSE Andrea; 11-01-2017 at 1:57 PM.
Page 7
    • MrBentOvertheBarrel
    • By MrBentOvertheBarrel 22nd Feb 17, 4:37 PM
    • 33 Posts
    • 5 Thanks
    MrBentOvertheBarrel
    @samwardill

    Would you post link, please?

    I will get mrs to look.
    • samwardill
    • By samwardill 22nd Feb 17, 5:25 PM
    • 205 Posts
    • 47 Thanks
    samwardill
    @samwardill

    Would you post link, please?

    I will get mrs to look.
    Originally posted by MrBentOvertheBarrel
    https://www.facebook.com/groups/955027937948541/ in
    • samwardill
    • By samwardill 22nd Feb 17, 5:26 PM
    • 205 Posts
    • 47 Thanks
    samwardill
    It seems the trolls have gone quiet. Maybe the tide is turning or maybe forum admin has responded to the many abuse reports.
    • MrBentOvertheBarrel
    • By MrBentOvertheBarrel 23rd Feb 17, 8:22 AM
    • 33 Posts
    • 5 Thanks
    MrBentOvertheBarrel
    Ya, seems that way or they found some other fight to go pick.

    I dropped off for a few weeks because it because pretty bad.

    After the EGR topic I raised and obviously the ongoing emissions topic.

    Thanks @samwardill
    Last edited by MrBentOvertheBarrel; 23-02-2017 at 8:26 AM.
    • MrMcTavish
    • By MrMcTavish 23rd Feb 17, 4:51 PM
    • 23 Posts
    • 4 Thanks
    MrMcTavish
    Issues post the fix
    Our 2013 Golf 1.6TDI has been in for the 23R7 recall and we are wishing it hadn't now.

    Since then, it regularly runs on for about 20 secs after switch off with an incredibly loud fan noise (loud enough to wake the street up).

    It's been back to VW once already and the computer didn't tell them anything.

    It was fine before... so wondering what our next course of action is. As the car is not as fit for purpose as it was before. Can we ask them to revert the fix ?
    • suzi singer
    • By suzi singer 19th Jun 17, 8:19 PM
    • 2 Posts
    • 0 Thanks
    suzi singer
    Group action versus single small claims
    Hi, I don't want to appear greedy, however it feels as though the legal firms handling the group actions in this case against VW are being greedy themselves. 30% is a 1/3 of any potential pay out times over 40,000 claimants. The legal firm I approached indicated that I risked losing out by not joining their action as VW could argue that the sum awarded (should the claimants win) would represent the full sum and an end to the matter. This neither seems fair nor does it ring true and I wanted to ask, where do people like us go for fair and proper advice in this? I feel inclined to let the group action go ahead and take on VW as a small claims case by myself but it seems overwhelming to think I could possibly take on a corporate of this size myself.
    • k3lvc
    • By k3lvc 19th Jun 17, 8:23 PM
    • 1,826 Posts
    • 2,864 Thanks
    k3lvc
    [/B]]Hi, I don't want to appear greedy, however it feels as though the legal firms handling the group actions in this case against VW are being greedy themselves. 30% is a 1/3 of any potential pay out times over 40,000 claimants. The legal firm I approached indicated that I risked losing out by not joining their action as VW could argue that the sum awarded (should the claimants win) would represent the full sum and an end to the matter. This neither seems fair nor does it ring true and I wanted to ask, where do people like us go for fair and proper advice in this? I feel inclined to let the group action go ahead and take on VW as a small claims case by myself but it seems overwhelming to think I could possibly take on a corporate of this size myself.
    by suzi singer;72720859[B
    I've highlighted the important bit for you - 30% of nothing is nothing - assuming you're in the UK what's the basis of your claim ?
    • Crag30
    • By Crag30 28th Jul 17, 11:01 AM
    • 165 Posts
    • 103 Thanks
    Crag30
    I've highlighted the important bit for you - 30% of nothing is nothing - assuming you're in the UK what's the basis of your claim ?
    Originally posted by k3lvc
    So you think having the update to our Audi's doesn't come at a cost? It's just cost me over£400 to get mine sorted, ie have the update removed. (not by Audi)
    There was a chance that a new DPF could have been fitted at a cost of over £1000, to fix the problem, but then the new DPF could have to be replaced next year, and so forth. So removing the software is the cheapest option.
    This problem is becoming quite common on a lot of VAG cars.
    Non VAG car owners may whinge about owners asking for compensation, claiming they bought the cars for 'saving the planet', but did we really deserve this expense and trouble that the manufacturer created? If removing the cheat software worked then fine, but it's created another problem for a lot of people
    • Mercdriver
    • By Mercdriver 28th Jul 17, 11:15 AM
    • 1,355 Posts
    • 896 Thanks
    Mercdriver
    So you think having the update to our Audi's doesn't come at a cost? It's just cost me over£400 to get mine sorted, ie have the update removed. (not by Audi)
    There was a chance that a new DPF could have been fitted at a cost of over £1000, to fix the problem, but then the new DPF could have to be replaced next year, and so forth. So removing the software is the cheapest option.
    This problem is becoming quite common on a lot of VAG cars.
    Non VAG car owners may whinge about owners asking for compensation, claiming they bought the cars for 'saving the planet', but did we really deserve this expense and trouble that the manufacturer created? If removing the cheat software worked then fine, but it's created another problem for a lot of people
    Originally posted by Crag30
    Read what K3lvc wrote properly before you put both feet into your very wide mouth.

    K3lvc was referring to the percentage to be paid to the lawyers from any payout. He was saying 70% of something is better than 100% of nothing. (there is a more colloquial way of putting this but I suspect '!!!!!! all' will be picked up by the anti-swear filter).

    The reason why the litigators are charging 30% is because they are taking the financial risk of undertaking the action. Civil litigation is neither trivial or risk free.

    My wife and I have been suing our surveyor for negligence in (not) spotting over £100k of repairs needed to a house. The action has been going on for 8 years and legal fees are at 80k. The defendants (his insurance company) have offered a third of what we were asking for plus our costs. We could take the risk of going to court but the other side would then put in a section 36 offer which would mean that if we were not to get a higher offer at court, then costs could be awarded against us. We've been reluctantly pragmatic and settled and are hoping that the assessed costs will still leave us with money coming from the defendant. It's not guaranteed.

    That is the real risk of court action. S+G are taking the percentage because they are taking the financial risk.

    There is absolutely nothing stopping you from suing VAG yourself. But you will have to pay your legal fees in advance, pay the court fees, pay your expert witnesses, and hope you succeed. You NEVER get back all you spend even if costs are awarded in your favour. You will not be suing them, but likely their insurance company.
    Last edited by Mercdriver; 28-07-2017 at 12:49 PM.
    • Crag30
    • By Crag30 28th Jul 17, 11:42 AM
    • 165 Posts
    • 103 Thanks
    Crag30
    Read what K3lvc wrote properly before you put both feet into your very wide mouth..
    Originally posted by Mercdriver
    Its worse than that. I've quoted the wrong post on the wrong thread
    Moral of this story is don't reply to topics with one eye, whilst watching the boss, watching you with the other

    Just been getting wound up about comments regarding the 'Audi Emissiongate'
    Been calm up to now, had the so called fix done when they asked, and now a year on I'm paying out my pocket, and not knowing when it will end. Have already had a holiday scrapped as engine management light came on, on the first day.
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