VW Emissions Slater & Gordon threatening emails

linzi299

Hope someone can Help. 2 Years ago I filled in a survey with a company called Harcus Sinclair in January 2017 as they were jumping on the band wagon for a potential case to VW. Anyway I sold my VW in August 2017 and thought no more about it, until in October 2018 I noticed a soft search for a company call Tracesmart - Slater & Gordon. I was really worried as I didn't know what it was for, tried calling and then emailed but nothing. Then I was having emails see below:

Urgent action required by you



Dear Mrs Mrs Harries

Our records show that you’ve not completed the Schedule of Information questionnaire in relation to your VW Emissions claim. As you’re a claimant in the VW litigation, it’s vital you comply with the Court’s requirement and complete the Schedule of Information questionnaire.

Please log-in to your Portal account and complete the questionnaire by Wednesday 30 January 2019.

Log in to your Portal account at: slatergordon.safelinkdatarooms.com

If you fail to complete the questionnaire, then we’re obliged to advise you that:
If instructed by your Claimant Committee, we’ll make an application to the Court to allow you additional time (but this may not be successful)
VW may seek to strike out your claim meaning you’ll be unable to claim the compensation you deserve from VW
You may have to pay your funder your portion of the costs they’ve incurred from the start of the litigation to date
You may have to pay your portion of VW’s costs
We strongly advise you to complete the Schedule of Information questionnaire before 30 January 2019.

If you’ve any questions about the Schedule of Information questionnaire or your liability for cost if you fail to complete it, please refer to our FAQs.

Kind regards

Gareth Pope
Principal Lawyer
Slater and Gordon

Prior to this one I had another one for a deadline of 23rd January. I have never completed the questionnaire to become a claimant and don't want to. The costs part is highlighted also I am really worried and I haven't been sleeping at nights expecting a huge bill or court letters. I have also sent them a complaint letter via resolver and Ive heard nothing just waiting for my escalation to Legal Ombudsman now.

waamo

Sounds like you need to fill out their questionnaire if you are worried about costs.

Aylesbury_Duck

linzi299 wrote: »

Hope someone can Help. 2 Years ago I filled in a survey with a company called Harcus Sinclair in January 2017 as they were jumping on the band wagon for a potential case to VW. Anyway I sold my VW in August 2017 and thought no more about it, until in October 2018 I noticed a soft search for a company call Tracesmart - Slater & Gordon. I was really worried as I didn't know what it was for, tried calling and then emailed but nothing. Then I was having emails see below:

Urgent action required by you



Dear Mrs Mrs Harries

Our records show that you’ve not completed the Schedule of Information questionnaire in relation to your VW Emissions claim. As you’re a claimant in the VW litigation, it’s vital you comply with the Court’s requirement and complete the Schedule of Information questionnaire.

Please log-in to your Portal account and complete the questionnaire by Wednesday 30 January 2019.

Log in to your Portal account at: slatergordon.safelinkdatarooms.com

If you fail to complete the questionnaire, then we’re obliged to advise you that:
If instructed by your Claimant Committee, we’ll make an application to the Court to allow you additional time (but this may not be successful)
VW may seek to strike out your claim meaning you’ll be unable to claim the compensation you deserve from VW
You may have to pay your funder your portion of the costs they’ve incurred from the start of the litigation to date
You may have to pay your portion of VW’s costs
We strongly advise you to complete the Schedule of Information questionnaire before 30 January 2019.

If you’ve any questions about the Schedule of Information questionnaire or your liability for cost if you fail to complete it, please refer to our FAQs.

Kind regards

Gareth Pope
Principal Lawyer
Slater and Gordon

Prior to this one I had another one for a deadline of 23rd January. I have never completed the questionnaire to become a claimant and don't want to. The costs part is highlighted also I am really worried and I haven't been sleeping at nights expecting a huge bill or court letters. I have also sent them a complaint letter via resolver and Ive heard nothing just waiting for my escalation to Legal Ombudsman now.

Why did you fill in the survey if you thought they were jumping on the bandwagon?

linzi299

Below is a letter I had in July 2017, this clearly states that I am not yet a claimant and details to become one are on the bottom which I have never completed or responded to hence the recent emails for me to fill in, sign and complete the SAME questionnaire . Also they have not had any verification from me to determine that I am even eligible to join it was mere expressions of interest at the time along with all the other 500,000 vehicle owners that expressed their interest. My claim has not been submitted and I believe that they are trying to get more people (just like PPI chasers) to get on their books.



21st July 2017
Ref: xxxxxxxx

Dear Mrs Harries

The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation

Thank you very much indeed for instructing my firm, Harcus Sinclair UK Limited, and Slater and Gordon UK LLP to act as your solicitors. You have now completed the first stage of a two-stage process.

In order to complete your registration and become a claimant in the Litigation, you must now complete a short supplementary questionnaire, accessible by clicking here.

PLEASE NOTE: this is a two-stage process.

Stage one is to complete the formalities to make you a client. You are now a client of Harcus Sinclair UK Limited and of Slater and Gordon UK LLP for the purpose of The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation.

Stage two is for us to collect the necessary information to enable us to make you a claimant in the litigation. You will need to fill out this questionnaire.

You can come back to fill out the questionnaire at a later time, but we would ask you to continue with the process now. It should not take more than 10-15 minutes. It is necessary for us to collect this information because the Court will order everyone who wishes to become a claimant to produce at least this information in an individual schedule, which I will have to certify on your behalf as being true.

If you do not produce this information you will not be accepted by the Court as having done the minimum required to be a Claimant and we will not be able to progress a claim on your behalf.

We also require certain pieces of information in order to verify that you are eligible to join the litigation (we must, for example, be satisfied that you owned - or leased - an affected vehicle during the appropriate period). If we are unable to do this, you will not be able to join the claim.

BECOMING A CLAIMANT:

In order to participate in the litigation, please now complete the online questionnaire.

You will now receive regular reminders from us until you have completed the necessary formalities to make you a claimant.

Yours sincerely


Damon Parker, Harcus Sinclair UK Limited,
conducting The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation
in association with Slater and Gordon

Aylesbury_Duck

linzi299 wrote: »

Below is a letter I had in July 2017, this clearly states that I am not yet a claimant and details to become one are on the bottom which I have never completed or responded to hence the recent emails for me to fill in, sign and complete the SAME questionnaire . Also they have not had any verification from me to determine that I am even eligible to join it was mere expressions of interest at the time along with all the other 500,000 vehicle owners that expressed their interest. My claim has not been submitted and I believe that they are trying to get more people (just like PPI chasers) to get on their books.



21st July 2017
Ref: xxxxxxxx

Dear Mrs Harries

The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation

Thank you very much indeed for instructing my firm, Harcus Sinclair UK Limited, and Slater and Gordon UK LLP to act as your solicitors. You have now completed the first stage of a two-stage process.

In order to complete your registration and become a claimant in the Litigation, you must now complete a short supplementary questionnaire, accessible by clicking here.

PLEASE NOTE: this is a two-stage process.

Stage one is to complete the formalities to make you a client. You are now a client of Harcus Sinclair UK Limited and of Slater and Gordon UK LLP for the purpose of The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation.

Stage two is for us to collect the necessary information to enable us to make you a claimant in the litigation. You will need to fill out this questionnaire.

You can come back to fill out the questionnaire at a later time, but we would ask you to continue with the process now. It should not take more than 10-15 minutes. It is necessary for us to collect this information because the Court will order everyone who wishes to become a claimant to produce at least this information in an individual schedule, which I will have to certify on your behalf as being true.

If you do not produce this information you will not be accepted by the Court as having done the minimum required to be a Claimant and we will not be able to progress a claim on your behalf.

We also require certain pieces of information in order to verify that you are eligible to join the litigation (we must, for example, be satisfied that you owned - or leased - an affected vehicle during the appropriate period). If we are unable to do this, you will not be able to join the claim.

BECOMING A CLAIMANT:

In order to participate in the litigation, please now complete the online questionnaire.

You will now receive regular reminders from us until you have completed the necessary formalities to make you a claimant.

Yours sincerely


Damon Parker, Harcus Sinclair UK Limited,
conducting The Volkswagen, Audi, Škoda, and SEAT NOx Emissions Group Litigation
in association with Slater and Gordon

Eighteen months ago you got a letter confirming you had instructed them to act as your solicitors. Did you not challenge them then if that was incorrect?

You may not be a claimant yet but if you did instruct them, then you will need to follow their processes as they have asked to because you must have signed up to something with terms and conditions attached. What do they say?

If as you say, you merely completed an expression of interest with no conditions attached, you have nothing to worry about and can ignore everything they're sending you.

Which is it?

linzi299

As for 'jumping of the bandwagon' in Sept 16, I was selling my 2011 VW (well it was sold just waiting for it to be collected). Then within 24 hours "Diesel-gate" struck, my buyer no longer wanted it, I did give him his deposit back it wasn't his fault he was being careful. Media coverage basically devalued my car, even the local VW garage told me may as well hang on or just drop a grand. So come January when the expression of interest came up regarding a case I registered to receive info in the hope I could get back some of my loss on the drop in demand. Then I had that email in July 2017, after reading the potential case it did say that if that if the emission levels affected your decision to buy this vehicle then please complete the questionnaire. This was not the case for me I lost money because of the media coverage speculating danger for VW and all the others involved, so just decided not to sign as I dont qualify. So YES I did make an enquiry about the bandwagon with a hope of possibly getting something, seeing as though I was stuck with my car for another year whist everything calmed down only put on 3k miles and sold for £2000 less that I had previously sold it for in Sept 16 who wouldnt. But once I had the particulars (July 17) and read them I didn't go ahead my reasons were not the same as everyone else and I didn't want to sign up, but just like Ambulance chasers these No Win No fee companies don't give up. I'm only after some advice as to whether S&G can sting me for costs for a claim that they haven't done anything with or had any information on.

Aylesbury_Duck

It depends on what your original agreement with them said. If you signed up to something that instructed them to act on your behalf (which it seems you did, according to their letter of July 2017) and if that agreement said that you would be liable for reasonable costs if you decided to take it no further, then yes, they can pursue you for costs. Why did you do nothing when you got the letter in 2017?

What did you sign up to? That would seem to be the crux of this. It doesn't matter what your motivation was, it's what you agreed to that counts.

linzi299

Thanks Aylesbury Duck, I did write and post a letter to them and ask to remove me from the list as I wouldn't be eligible. I then heard nothing no emails, no letters then Sep 18 I had loads of emails inc this:

"In order to provide the Court with the information it requires, please activate your account in the VW Emission Portal we’ve created to manage your case details and completing our Questionnaire required by the Court as soon as possible."



See they have had no information on my car, situation I was in ,nothing how can they submit a case in my name when they have nothing just my name also it asks:

"As you previously provided Harcus Sinclair with some information, you will see that this has been migrated over to our system. We just ask that you check the information we have is correct, and complete the questionnaire to so that the Court can consider your claim for compensation. The contractual documentation you agreed to is located in your Portal account." (Never activated the account, sent an email back stating I don't want it).

Then in October 18:

Dear Mrs Harries

Our records indicate you have not yet completed the Questionnaire required to progress your VW NOx Emissions claim.

You will have been directed to the Questionnaire when you signed up for a Portal account with this email address. We may also have issued you a link via email for you to enter the Questionnaire. In any case, you can complete the information required of you by heading to the Portal here.

Your details will need to be placed on a Claim Form which has to be filed at Court shortly. In order for us to review the details of your claim and to make sure the information you provide to the Court is accurate, we ask that you complete the questionnaire as soon as possible.

Yours sincerely

Gareth Pope
Principal Lawyer
Slater and Gordon

Aylesbury_Duck

See they have had no information on my car, situation I was in ,nothing how can they submit a case in my name when they have nothing just my name

They clearly have more than just your name or they wouldn't be writing to you. They cannot submit a case in your name because you haven't provided them with the necessary details but what it appears to me is that they are threatening you with costs incurred by them to this point. From their point of view, you willingly completed a survey and (to an extent yet unknown because you haven't said) have signed up to a service. They contend that you willingly asked them to act on your behalf (which it seems you did). Now you want to pull out, which is your right, but they believe they have incurred costs and might bill you for effectively wasting their time.

In other words, the costs they might pursue aren't to do with any impending claim, they're related to the costs they have incurred to date. Look at this way: they have enlisted hundreds, perhaps thousands of people who all fancied getting their hands on some compo and volunteered their details to do so. Now lots of this people don't want to see it through but the law firm have spent money on it to date. If the compo-seekers have all signed something to say they are liable for reasonable costs, you can see why the firm are doing what they're doing.

If you're convinced you haven't signed up to any service and didn't agree to any terms when you put yourself on the list, you have nothing to worry about. What does your agreement with them state?

linzi299

Oh I found this on a second page of the email in July 17:

"4. Your right to cancel your client agreement with us

Please be aware that you may cancel your agreement with us within 14 days of the date of this letter without giving any reason. If you wish to cancel, you must notify us by sending clear wording in an email to VW@harcus-sinclair.ltd.uk or by contacting us by telephone on 020 7164 6176.

You may use the cancellation form provided as Schedule 1 to this letter, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Your right to cancel arises from the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Schedule 2 to this letter summarises how we complied with our obligations under the Regulations before you became a client"

I posted the cancellation form that was attached and heard nothing for over 12 months. I generally believe that they removed me and have now come across my details so trying to get me back on board and scaremongering.

waamo

You need to check exactly what you filled out. If you gave them instruction then you could potentially owe them money.