VW Dieselgate claims

Herzlos

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

AdrianC

Herzlos said:
The value of the cars tanked when the announcement was made...

Five and a half years ago.

Anybody who bought their car since September 2015 did so in full knowledge of the "scandal".

neilmcl

Herzlos said:

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

Actually they didn't really. UK VW used car prices have pretty much held up overall throughout.

Mickey666

Manxman_in_exile said:

Mickey666 said:

Surely the loss is the purchase price of a car (in this case, but it could be anything) that does not comply with legislation and is not as described.

I thought the point was that the cars complied fully with EU/UK legislation, and that the "cheat" devices were only in respect of the more stringent US regulations?

If that's really the case then I agree there is no case in the UK/EU.

Although this report suggests they cheated on tests in Europe as well as the US: https://www.independent.co.uk/news/business/news/volkswagen-emissions-scandal-fine-test-cheat-euro-germany-a8397351.html

Mickey666

AdrianC said:

Mickey666 said:

Surely the loss is the purchase price of a car

No, because that price was handed over... in return for the car. The OP still has the car.

Yes, a car they might no longer want because they might not have chosen to buy it if it had been properly described.
Obviously they shouldn't get compensation AND keep the car, the point, surely, would be to put someone back to the financial position they would have been in had they chosen not to by an incorrectly described car in the first place.

Mickey666

Herzlos said:

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

. . . and you know that for a fact do you?  For every purchaser of said car?

BTW, I tend to agree with you that few people buy a car based on emissions, but that's not really the point is it?  The point is the subterfuge of VW and whether they should get away with it scott-free.  You seem to think they should.

[Deleted User]

Mickey666 said:

Herzlos said:

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

. . . and you know that for a fact do you?  For every purchaser of said car?

BTW, I tend to agree with you that few people buy a car based on emissions, but that's not really the point is it?  The point is the subterfuge of VW and whether they should get away with it scott-free.  You seem to think they should.

No.
VW have not got away with it, they got massive fines. Herloz is not saying VW shouldn't get away with it, he/she is saying owners aren't owned money for a non-existent loss. 
Nobody in the UK buys a car based on NOx emissions because they're not advertised as a selling point and, beyond the MOT, aren't even recorded. When you buy a diesel you look at the annual vehicle tax rate (low as it's based on CO2 which wasn't on the cheat test) and MPG, you don't ask about NOx because it's not a big thing here unlike the US. Nobody in the UK who has an affected vehicle has lost money based on a cheat test designed primarily for the US market as it didn't affect them. These compo group actions are simple greedy, money grubbing grifters who see a chance for free cash if they lie and turn on the waterworks about how terrible they treated and how they'd never have bought the car if they'd known it had higher NOx than it was recorded as having and blah blah blah.

AdrianC

Mickey666 said:

AdrianC said:

Mickey666 said:

Surely the loss is the purchase price of a car

No, because that price was handed over... in return for the car. The OP still has the car.

Yes, a car they might no longer want because they might not have chosen to buy it if it had been properly described.

Then I presume they sold the car in question back at the end of 2015?

So the quantum of their loss should be easily defined - the sale price they achieved versus what they would have achieved before "dieselgate"...

Mickey666

Deleted_User said:

Mickey666 said:

Herzlos said:

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

. . . and you know that for a fact do you?  For every purchaser of said car?

BTW, I tend to agree with you that few people buy a car based on emissions, but that's not really the point is it?  The point is the subterfuge of VW and whether they should get away with it scott-free.  You seem to think they should.

No.
VW have not got away with it, they got massive fines. Herloz is not saying VW shouldn't get away with it, he/she is saying owners aren't owned money for a non-existent loss. 
Nobody in the UK buys a car based on NOx emissions because they're not advertised as a selling point and, beyond the MOT, aren't even recorded. When you buy a diesel you look at the annual vehicle tax rate (low as it's based on CO2 which wasn't on the cheat test) and MPG, you don't ask about NOx because it's not a big thing here unlike the US. Nobody in the UK who has an affected vehicle has lost money based on a cheat test designed primarily for the US market as it didn't affect them. These compo group actions are simple greedy, money grubbing grifters who see a chance for free cash if they lie and turn on the waterworks about how terrible they treated and how they'd never have bought the car if they'd known it had higher NOx than it was recorded as having and blah blah blah.

Come on, you must realise you cannot state that as a proven fact.  Besides, what IS a 'selling point' anyway?
You can only guess the reason someone chose to buy a car.  As for 'money grubbing grifters', that's just your opinion and is totally worthless as a point of law.  Thank goodness.

Look, I happen to largely agree with you about ambulance chasers and chancers, but that's not the point.  A major multinational company engaged in wilful cheating and conspiracy to deceive and it seems only reasonable that they pay the price for such a heinous transgression - as they largely have.  In the USA their customers were indeed able to return there cars in exchange for money/compensation so it seems entirely reasonable to ask if that's possible in the UK.

Yes, I know UK laws are different and I know our emissions are different and I've previously agreed that if the cars met UK standards then VW UK is not guilty, in which case presumably any case against them will fail.  That is how the law works, and should work.
How the law should NOT work is by taking any notice of people implying what went through the mind of VW buyers and their  own personal distaste for 'money grubbing grifters'.

neilmcl

Mickey666 said:

Herzlos said:

stecd123 said:

Thanks williamgriffin - to be honest I'm not sure but am being told I have been put at a loss by a solicitor although not sure what the formula is to calculate the value.

You're only out by the difference between what you paid for the car and what the car was actually worth. Given that VW did a software update under warranty to remove the cheat then I don't think the value changed much as no-one really cares about the performance beyond the outrage. The value of the cars tanked when the announcement was made but have since recovered.

. . . and you know that for a fact do you?  For every purchaser of said car?

BTW, I tend to agree with you that few people buy a car based on emissions, but that's not really the point is it?  The point is the subterfuge of VW and whether they should get away with it scott-free.  You seem to think they should.

Actually, that's exactly the point when it comes to deciding whether owners of VW are due damages.

FYI, VW have not gotten away "scott-free", not in the slightest.