Basic question on group claim for VW Dieselgate

adamjth

Hi,

So reading through this https://www.moneysavingexpert.com/travel/diesel-emissions-group-legal-claims/#join I have registered with one of the Law firms that were recommended - I own a Skoda Superb that qualifies so I figured that why not.   Said law firm have not contacted me to register my interested in being represented so I am in process of chasing them.  But one very basic newbie question figures in my mind:- if VW group have admitted culpability with a compensatory amount agreed then surely they should just be contacting me to arrange payment of the compensation? 

BTW please point someplace if this has been answered before

thanks

Adam

facade

VW admitted nothing.

They paid a fee to all the claimants to drop their claim and not make another, so if you weren't already claiming then you get nothing. It isn't compensation for owning the car, but for dropping the case.

scottiescott

Compensation Law firms are still chasing clients for this and indeed quoting the recent agreement as an inducement to signing up. Is it not the case that any new claims may be time barred, or what do the lawyers hope to achieve?

facade

The settled claim refers to one particular VW engine the EA189.  The Compensation firms are suggesting that other manufacturers (and possibly VW for other engines) will likely also fold and pay a settlement to make the action go away because it is cheaper than fighting even if they win.

Whether you can join a claim against VW if you have a different engine I don't know, but the action against the EA189 is settled so you can't join that.

diystarter7

OP
Sorry, but had you registered your claim in the past and was it confirmed as being accepted?

If not, then there is no payment.

Apologies in advance if I've misunderstood you.

Car_54

facade said:

The settled claim refers to one particular VW engine the EA189.  The Compensation firms are suggesting that other manufacturers (and possibly VW for other engines) will likely also fold and pay a settlement to make the action go away because it is cheaper than fighting even if they win.

Whether you can join a claim against VW if you have a different engine I don't know, but the action against the EA189 is settled so you can't join that.

AIUI, VW have reached an out-of-court settlement with those '000s of customers who had claimed.

But since - by definition - it never reached the courts, and the OP was not a party to the settlement agreement, I can see nothing to prevent him (and/or any others) from starting a claim of his own

That doesn't necessarily mean I think it would be a good idea.

facade

Car_54 said:

But since - by definition - it never reached the courts, and the OP was not a party to the settlement agreement, I can see nothing to prevent him (and/or any others) from starting a claim of his own

This is another reason I don't understand VW folding.  In a case between a single person and another, "buying them off" means they can't take action again, so it may be worth it, but in this case there will be many thousands of people who didn't bother joining the action because they thought it had no substance, so another group action can just pop up.

mobileron

Did you have any problems with your Superb.

sheramber

https://cleanairclaims.co.uk/faq/#:~:text=The statute of limitations is,known in England and Wales.

I'm sure the deadline has passed for this claim. Why can I still claim with LGWP Law?

You’re right in that a deadline set for joining the Group Litigation has already passed, but you are still able to make a claim before the statute of limitations expires.

The time permitted during which a claim may be brought is defined by the law, specifically the “statute of limitations” which varies for each particular type of claim. The VW NOx Emissions Group Litigation raises several claims, some based on contract law, others based on breach of statutory duty (failure to comply with emissions regulations) and tort (deceit). The statute of limitations is thought to end for the claims with the longest statute of limitations in or around September 2021, six years after the VW defeat device software became publicly known in England and Wales. It should be assumed that claims should be filed no later than September 2021 to be timely.

 

Jenni_D

sheramber said:

https://cleanairclaims.co.uk/faq/#:~:text=The statute of limitations is,known in England and Wales.

I'm sure the deadline has passed for this claim. Why can I still claim with LGWP Law?

You’re right in that a deadline set for joining the Group Litigation has already passed, but you are still able to make a claim before the statute of limitations expires.

The time permitted during which a claim may be brought is defined by the law, specifically the “statute of limitations” which varies for each particular type of claim. The VW NOx Emissions Group Litigation raises several claims, some based on contract law, others based on breach of statutory duty (failure to comply with emissions regulations) and tort (deceit). The statute of limitations is thought to end for the claims with the longest statute of limitations in or around September 2021, six years after the VW defeat device software became publicly known in England and Wales. It should be assumed that claims should be filed no later than September 2021 to be timely.

 

Oops!                     

diystarter7

Jenni_D said:

sheramber said:

https://cleanairclaims.co.uk/faq/#:~:text=The statute of limitations is,known in England and Wales.

I'm sure the deadline has passed for this claim. Why can I still claim with LGWP Law?

You’re right in that a deadline set for joining the Group Litigation has already passed, but you are still able to make a claim before the statute of limitations expires.

The time permitted during which a claim may be brought is defined by the law, specifically the “statute of limitations” which varies for each particular type of claim. The VW NOx Emissions Group Litigation raises several claims, some based on contract law, others based on breach of statutory duty (failure to comply with emissions regulations) and tort (deceit). The statute of limitations is thought to end for the claims with the longest statute of limitations in or around September 2021, six years after the VW defeat device software became publicly known in England and Wales. It should be assumed that claims should be filed no later than September 2021 to be timely.

 

Oops!                     

Well spotted. I'm still writing 2020 at times