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MSE Guide - Diesel Emissions Claims

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  • @TwistedVanity, I also made a claim with  LGWP, they also offered me £750 and I suspect this firm is not legitimate. Firstly i have read many threads that show £750 payout regardless of car age or make. This seems to be a big red flag to me. Also in my case they say they are waiting for an experian id verification to come back, this has been since November 2023. But again no progress. Does anyone actually every get a payout with these cowboys??
  • Hi all, need some help please. I own my diesel ford c-max 15 plate. i’m the second owner since 2018. When i check to see whether i could submit a claim with ford, my car has had issues with passing emission test at the MOT. 
    The question is, when i’ve enquired about submitting a claim the result is that a claim has already been submitted and underway for my vehicle. How do I find out who is handling the claim as i can’t find any information sent me? 
  • Nasqueron
    Nasqueron Posts: 10,151 Forumite
    Tenth Anniversary 10,000 Posts Photogenic Name Dropper
    Hi all, need some help please. I own my diesel ford c-max 15 plate. i’m the second owner since 2018. When i check to see whether i could submit a claim with ford, my car has had issues with passing emission test at the MOT. 
    The question is, when i’ve enquired about submitting a claim the result is that a claim has already been submitted and underway for my vehicle. How do I find out who is handling the claim as i can’t find any information sent me? 
    Could the previous owner have started a complaint given you're the second owner? The MOT emissions test is not the same as the cheat devices used to pass lab tests in the US, you were not miss-sold as you didn't buy the car based on NOx emissions

    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.

  • Jenni_D
    Jenni_D Posts: 5,298 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    edited 3 October 2024 at 12:29PM
    This suggests that the previous owner has already raised a claim. (You don't have to currently own the vehicle to claim - simply to have owned it).
    Jenni x
  • Nasqueron said:
    Hi all, need some help please. I own my diesel ford c-max 15 plate. i’m the second owner since 2018. When i check to see whether i could submit a claim with ford, my car has had issues with passing emission test at the MOT. 
    The question is, when i’ve enquired about submitting a claim the result is that a claim has already been submitted and underway for my vehicle. How do I find out who is handling the claim as i can’t find any information sent me? 
    Could the previous owner have started a complaint given you're the second owner? The MOT emissions test is not the same as the cheat devices used to pass lab tests in the US, you were not miss-sold as you didn't buy the car based on NOx emissions
    Possibly, but that’s what i’m asking is where you can check who the currently claim handler is? If they beat me to it then so be it lol my fault for not being quicker off the mark. 
    Yeah shouldn’t have added the failing emission comment not relevant. 
  • I started a claim with Burys solicitors for a diesel claim, but I haven't yet agreed as I have concerns over the T&Cs and haven't yet had a response to a query I made. I thought it useful to point out the issue so if anyone else has similar terms with their firm or the same firm, they could confirm? See the summary at the end as to why I am interested, do you have similar terms with your claim? If not I will look at that firm to represent me.

    The issue is this: (btw you in this case represents me I just wrote it so you may see it from your point of view.)

    Problem/Issue:

    Under the Damages-Based Agreement (DBA) with Burys Solicitors, specifically Section 12, clauses 12.3(d) and 12.6, there are provisions that could impose significant financial liabilities due to factors beyond your control.

    Key Concerns:

    1. Solicitors' Right to Withdraw (Clause 12.3(d)):

      • Withdrawal Conditions: Burys Solicitors can withdraw from representing you if they receive new information indicating that:
        • You are unlikely to be successful in your claim, or
        • Even if successful, the potential recovery is insufficient to make the claim economically viable.
      • Factors Beyond Your Control: Such new information could include:
        • Unfavorable New Evidence: Discovery of facts that weaken your case.
        • Legal Developments: Changes in laws or legal precedents affecting diesel emission claims.
        • Defendant's Insolvency: If the opposing party becomes insolvent, reducing the chance of recovery.
    2. Your Financial Liability if They Withdraw (Clause 12.6):

      • Expenses: If the solicitors withdraw for reasons not related to any action or inaction on your part, you are liable to pay:
        • Their Expenses: Out-of-pocket costs incurred on your behalf, such as court fees and expert witness fees.
      • Proportionate DBA Payment:
        • Continued Liability: Even if you proceed with another firm and successfully win your claim, you are still obligated to pay Burys Solicitors a proportionate part of the DBA Payment.
        • DBA Payment Amount: The DBA Payment is 48% of the damages recovered (including VAT).
        • Calculation: The amount owed to Burys Solicitors is adjusted based on the time they represented you.

    Calculation of the Proportionate DBA Payment:

    • Formula:

      Adjusted DBA Payment=Original DBA Payment×(Our Risk PeriodTotal Risk Period)\text{Adjusted DBA Payment} = \text{Original DBA Payment} \times \left( \frac{\text{Our Risk Period}}{\text{Total Risk Period}} \right)Adjusted DBA Payment=Original DBA Payment×(Total Risk PeriodOur Risk Period)
      • Original DBA Payment: The full 48% of the damages you would have paid if they had continued representing you.
      • Our Risk Period: The number of days from when they started work until they withdrew.
      • Total Risk Period: The number of days from when they started until the claim is settled or adjudicated with another firm.

    Why This May Seem Unfair:

    1. Unequal Risk Allocation:

      • Shifting Risk to You: The clause transfers financial risks to you for circumstances beyond your control.
      • Your Compliance Irrelevant: Even if you have fulfilled all your obligations, you bear the consequences of their decision to withdraw.
    2. Obligation Despite Withdrawal:

      • Financial Burden: You remain financially obligated to Burys Solicitors even though they chose to terminate the agreement.
      • Double Costs: You may have to pay significant fees to both the original solicitors and your new legal representation.
    3. Imbalance in the Agreement:

      • Unilateral Decision-Making: The solicitors can withdraw based on new information, but you bear the financial consequences.
      • Impact on Your Claim: This could impose a substantial financial burden, potentially affecting your ability to pursue the claim.

    Liability:

    • Expenses to Burys Solicitors: You must pay all their incurred expenses up to the point of withdrawal.
    • Proportionate DBA Payment: You owe a portion of the 48% DBA Payment, calculated based on their time representing you, even if you win with another firm.

    Conclusion:

    • Perceived Unfairness: The clauses seem to create an unfair imbalance, heavily favouring the solicitors and placing undue financial risk on you for events outside your control.
    • Decision Point: Carefully consider whether to proceed under these terms or to seek alternative representation that offers a more balanced agreement.

    Summary:

    The agreement's clauses could leave me financially liable to Burys Solicitors for expenses and a portion of the DBA Payment—even if they withdraw for reasons unrelated to my actions and even if I then pursue and I win the case with another firm. Does yours?! or am I incorrect in this understanding.

  • nellykim
    nellykim Posts: 172 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    Having a claim going through, against Mercedes, ( Now some years  ongoing , and all formalities and paperwork submitted, I just wondered if say, the owner of the particular vehicle in question died, would the claim still stand ?

    Thank you.
  • 400ixl
    400ixl Posts: 4,108 Forumite
    1,000 Posts Third Anniversary Name Dropper
    nellykim said:
    Having a claim going through, against Mercedes, ( Now some years  ongoing , and all formalities and paperwork submitted, I just wondered if say, the owner of the particular vehicle in question died, would the claim still stand ?

    Thank you.
    Unlikely, the claim is by the person, not the vehicle.
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