Diesel Cars' Emissions Legal Claims

ivamse

Does this legal action include claims against Volvo?

Zinger549

I've seen Volvo mentioned in some of the adverts.

huey59

I signed up with the Johnson Law Group about a year ago to make a claim against my BMW X1 car, which Johnson Law said I had a legitimate case for. I received am email the other day....We are writing to you by way of an update to your BMW diesel emissions claim.

Your claim has been added to the Group Register which is a central list of all clients that are pursuing the diesel emissions group litigation against BMW. This list is a confirmation to the Court of who is pursuing the action, and which firm of solicitors is representing your claim.

We have recently received correspondence from the Defendant’s solicitors raising objections against several claims that appear on the Group Register. Your claim has been identified as having an objection raised against it.

The objections raised is that your vehicle is outside the scope of this group litigation. The Defendant’s solicitors have identified your vehicle as being Euro Euro 6d-Temp or Euro 6d. If a vehicle has a Euro status of Euro 6d-Temp or Euro 6d then they are not deemed to have been affected by the diesel emissions scandal and therefore cannot make a claim in the diesel emissions group litigation.

As an objection has been raised, we have to respond to the Defendant’s solicitors either accepting the objection which means we would have to remove your claim from the Group Register and therefore you will no longer be able to pursue your diesel emissions claim. Or should you provide any documentation confirming the Euro status of your vehicle, we will be able to reject the objection and continue with your claim as normal.

Please note that if the outcome is to remove your claim from the Group Register, you may be liable for costs as the Defendant’s may seek costs for the work they have done relating to your claim.

To continue with your claim, please could you provide any documentation that will confirm the Euro status of your vehicle.

Should you have any queries, please do not hesitate to get in contact.

Yours sincerely,

So this has scared the pants off of me as it looks like BMW are going to claim against me as they say my car does not qualify. Can they claim against me even though Johnson Law said I had a valid case?

 

Nasqueron

And herein lies the danger of jumping on a bandwagon pushed by greedy claims companies based on speculation. VW group are the only ones who have been proven to use a cheat device to get around the US market. Nobody in the UK was affected by NOx emissions (even if the other firms tried something similar which no-one has any evidence they did) as the cars are not sold on that basis

Mildly_Miffed

When was the car new, and when did you buy it?

Euro6d-temp was a legal requirement for all new type-approvals from September 2017, all new registrations since September 2019. It wasn't even defined legally until April 2016.

The VW "dieselgate" saga (pertaining to cars sold new in the US between 2008 and 2015, broke in September 2015.

So, if there is even the faintest chance that your car is Euro6d-temp compliant, you must have bought it after dieselgate, therefore you are assumed to have done so in awareness of the issue - so can have no claim.

UNECE Euro emissions did not explicitly bar the test-detection software that VW used, and there is no suggestion that they did not conform to the Euro limits. The US limits were much stricter at the time, as they did not differentiate between petrol and diesel - which, of course, is why very few manufacturers even tried to sell diesel cars in the states.

Ectophile

huey59 said:

I signed up with the Johnson Law Group about a year ago to make a claim against my BMW X1 car, which Johnson Law said I had a legitimate case for. I received am email the other day....We are writing to you by way of an update to your BMW diesel emissions claim.

Your claim has been added to the Group Register which is a central list of all clients that are pursuing the diesel emissions group litigation against BMW. This list is a confirmation to the Court of who is pursuing the action, and which firm of solicitors is representing your claim.

We have recently received correspondence from the Defendant’s solicitors raising objections against several claims that appear on the Group Register. Your claim has been identified as having an objection raised against it.

The objections raised is that your vehicle is outside the scope of this group litigation. The Defendant’s solicitors have identified your vehicle as being Euro Euro 6d-Temp or Euro 6d. If a vehicle has a Euro status of Euro 6d-Temp or Euro 6d then they are not deemed to have been affected by the diesel emissions scandal and therefore cannot make a claim in the diesel emissions group litigation.

As an objection has been raised, we have to respond to the Defendant’s solicitors either accepting the objection which means we would have to remove your claim from the Group Register and therefore you will no longer be able to pursue your diesel emissions claim. Or should you provide any documentation confirming the Euro status of your vehicle, we will be able to reject the objection and continue with your claim as normal.

Please note that if the outcome is to remove your claim from the Group Register, you may be liable for costs as the Defendant’s may seek costs for the work they have done relating to your claim.

To continue with your claim, please could you provide any documentation that will confirm the Euro status of your vehicle.

Should you have any queries, please do not hesitate to get in contact.

Yours sincerely,

So this has scared the pants off of me as it looks like BMW are going to claim against me as they say my car does not qualify. Can they claim against me even though Johnson Law said I had a valid case?

 

My reading of this is that you should not discontinue the claim.  Provide them with the information they are asking for.  If they then decide to discontinue the claim, then it's their fault.

Mildly_Miffed

Ectophile said:

huey59 said:

We have recently received correspondence from the Defendant’s solicitors raising objections against several claims that appear on the Group Register. Your claim has been identified as having an objection raised against it.

...

Please note that if the outcome is to remove your claim from the Group Register, you may be liable for costs as the Defendant’s may seek costs for the work they have done relating to your claim. 

My reading of this is that you should not discontinue the claim.  Provide them with the information they are asking for.  If they then decide to discontinue the claim, then it's their fault.

My reading is that if the car should never have been claimed for, due to it being too new to be eligible, then the fee will be liable anyway, whether the OP removes it or the ambulance-chasers claim firm remove it.

Ectophile

My point is that in any no win no fee agreement there will be a clause that says that if you cancel the action or fail to support the claim, then you will become liable for all costs up to that point.

In this case, it seems that the ambulance-chasers claim firm made a mistake and took on a claim they couldn't win.  But that's their problem if the OP keeps supplying them with the information that they ask for.

Wobblingjellyfish999

Hi I'm a little late to the game here. Now looking at claiming about the diesel thing.
However, getting mixed messages saying the claims are now closed but the advert is on tv.. could someone advise please... appreciated 

sheramber

What make of car?

Car_54

Ectophile said:

My point is that in any no win no fee agreement there will be a clause that says that if you cancel the action or fail to support the claim, then you will become liable for all costs up to that point.

In this case, it seems that the ambulance-chasers claim firm made a mistake and took on a claim they couldn't win.  But that's their problem if the OP keeps supplying them with the information that they ask for.

But the information they're asking for is evidence of a Euro status which would support the claim. If the posters above are right, that cannot exist.

So it seems to be the OP's problem.