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Affected by the VW emissions issue? The deadline to join a lawsuit is approaching - MSE News

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  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    owenjt wrote: »
    It's not all about what may have been lost financially when an owner sells their car. VW misled consumers by making claims about the cars that weren't true. They should compensate owners for this.



    We DO test for emissions. From www.gov.uk/emissions-testing...
    Most vehicles have their exhaust emissions tested as part of the MOT.

    Usually, they’re tested using a meter. Petrol vehicles used before August 1975 and diesel vehicles used before January 1980 are tested by sight.

    If your vehicle fails the emission test it fails the MOT. The problem must be fixed before you can get an MOT certificate.
    VW fitted 11 million cars worldwide with an algorithm built into the car’s engine management software to recognise when the car was being tested for emissions, and manipulated engine performance to produce a lower (NOx) reading.


    Compensate for what, did any buyer ask do you have a device fitted that will cheat USA emission tests? If you asked that and they lied then you may have a claim. I doubt anyone asked that question.

    The person that created that GOV page is an idiot and obviously did not know the difference between an emissions test for petrol cars and a smoke test for diesel cars.


    Fitted worldwide and did not actually come into play during the UK test. So again what are the losses and what are you claiming for?

    They lied? But nobody asked the question so who did they lie to?
    Censorship Reigns Supreme in Troll City...

  • Rover_Driver
    Rover_Driver Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker

    The person that created that GOV page is an idiot and obviously did not know the difference between an emissions test for petrol cars and a smoke test for diesel cars.


    It's their usual inaccurate generalisation, the information on the .GOV website should never be accepted or relied on without reference to the relevant authority. Unfortunately, as above, it is often quoted by people not knowing that.
  • Has anyone who has signed up (or otherwise) got access to the Claims Summary Leaflet? S&G have several contractual documents which I've waded through but then also refer to this which contains key information such as "risks".

    I'm principally interested in what they have to say about what happens in the event of VW being awarded costs. In theory S&G have insurance in place, but reading between lines in the other docs, it sounds like there is still some level of risk - keen to understand before deciding.

    Thanks
    Stuart

    p.s.

    In answer to a couple of questions raised by others on this thread...

    1. Is the deadline an S&G ruse / "statute of limitations"

    - no, it's a Group Litigation Order and the High Court set the deadline of 26 October for claimants to join the action. S&G are one of two lead solicitors appointed by the court. They are trying to get people signed up by today to have sufficient time to meet this deadline.

    2. "If the group action succeeds "surely" everyone else will then be entitled to compo/be able to claim. My layperson's understanding...

    - If the group action succeeds it won't put any obligation on VW to pay damages other owners.
    - The point of a group action is to enable a civil claim where it would not normally be cost effective - in this case because your legal costs would likely exceed any potential damages
    - It may set a precedent on the overall merits of a claim. If individuals then have specific claims which are very similar, it may be easier to bring these either through court action or because VW decides to settle similar claims.
    - That will depend on the exact nature of the claims, whether they succeed and whether individuals have similar claims afterwards.
    - e.g. the question about whether or not owners have suffered a tangible monetary loss (as hotly argued above) is one such aspect which will need to be decided by the court.

    3. "They lied so they need to compensate us" - as far as I'm aware (and it's not all clear yet) the main claim is seeking damages for financial loss nothing else - so this would not be the case - i.e. they wouldn't be told to pay someone if it were found they lied.

    Having said that, there is a separate claim for owners who bought their cars with payments on or after 1 Oct 2014. I don't claim to fully understand this one - confusingly the other lead solicitor only talks about this claim and eligibility based on this date whereas S&G seem to be pursuing two parallel tracks. This latter claim I believe may be more related to having been misled by information during the sales process (possibly being brought on the basis of an unfair relationship).

    There are also potentially slightly different claims if the car was bought on VW finance etc.
  • k3lvc wrote: »
    :rotfl::rotfl::rotfl::rotfl:
    I for one hope that jumping on the back of the US bandwagon gets you nothing at best


    You bought a Ford...lol
    Now we all know how it felt to play in the band on the Titanic...
  • k3lvc
    k3lvc Posts: 4,174 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You bought a Ford...lol

    Did I ????
  • Nasqueron
    Nasqueron Posts: 10,756 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    stuart_b wrote: »
    3. "They lied so they need to compensate us" - as far as I'm aware (and it's not all clear yet) the main claim is seeking damages for financial loss

    Easy case to resolve then - prove what you lost

    In reality nobody who bought a VW in the UK lost anything as the emissions test and sale data in the UK is nothing to do with the cheat test. This is everything to do with greedy people jumping on a bandwagon at a hint of free money

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • forgotmyname
    forgotmyname Posts: 32,929 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I can see it going the way of this one.... https://forums.moneysavingexpert.com/discussion/5906302/judge-rules-against-google-you-owe-us-campaign-group-mse-news

    People who thought they "maybe affected" but had no idea if they were or not, claiming for what exactly.


    So when it goes to court what are you claiming for? They lied... Errr no they cheated an emissions test in the USA that does not apply here.
    Censorship Reigns Supreme in Troll City...

  • Has anyone else got the slightly threatening email form Slater and Gordon saying if you don't complete their questionnaire you might eb liable for costs? I only registered on their site to have a look at what they were up to?

    This all seems incredibly shady...
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    So you mean to say you didn't actually read the T&Cs of what you were signing up to?
  • DoaM wrote: »
    So you mean to say you didn't actually read the T&Cs of what you were signing up to?
    It wouldn't surprise me. There have been a few posts about this. Too many people too quick to sign up thinking they're due a payout.
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