My Diesel Claim - Pogust Goodhead

robsfc90

hi all,

I signed up for the claim a few years back through Pogust Goodhead. I received their email on July 31st explaining the decision went against them but they will proceed with an appeal and I need to confirm I am happy to proceed as part of the appeal. I’m considering withdrawing from the process as it seems like an absolute sham. Has anyone withdrawn already and if so did you have to pay any costs?

thanks

facade

They don't know their costs yet, until the result of their appeal.

If they succeed, they are no doubt hoping their costs will be paid (or they can just take it out of the pay-out), if they lose then their costs will obviously increase by what they spent on appealing.

If you pull out you will likely be on the hook for a share of the total costs, how much is anyone's guess, probably best to ride it out until the end if you are guaranteed to not have to pay anything by not blinking first.

paul_c123

It will be interesting if the manufacturer's legal fees blow the ATE Insurance cap!

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(quoted post removed by Forum Team)

There was a thread a few days ago with almost exactly the same question, except it said that if the OP didn't opt out then they automatically consented. We can't find the thread now, so it must be deleted or moved to another board - only a mod can do those things.

Shame as it had a link to the previous judgement with all the technical details as to why it failed. (Which were pretty much what was being suggested on here years ago when people were asking about signing up in the first place)

ahajames

Has anyone received any feedback on this? I also signed up to this scheme a few years ago, and ignorantly assumed the no win no fee tagline was accurate. As the case seems to have stalled and an appeal is considered, I am waiting for clarification from Pogust Goodhead as to whether I am liable for any costs if I choose not to proceed to appeal, as in my mind this is now a change to the original case I signed up for with significantly more risk. The email received gave very little clarity as to what the risks involved are if we choose to appeal or not.

Any help would be greatly appreciated

robsfc90

https://forums.moneysavingexpert.com/discussion/comment/82105257#Comment_82105257

Hi there, I’m the original poster and have tried to contact PG multiple times but it’s impossible to get in touch with someone there. Assume you haven’t been able to speak to anyone there too?

ahajames

Hi mate. I've had nothing back that provides any clarity. A lot of 'could' and 'may' statements. The reply implied if I refused to consent to the appeal then my claim may be withdrawn and I could be liable for costs. I don't see why this would be the case though as the ATE insurance should cover me up to the point of appeal as per the original agreement, the appeal thereafter is a complete new phase.

robsfc90

https://forums.moneysavingexpert.com/discussion/comment/82105841#Comment_82105841

Yeah that’s what I assumed too. How did you get that response from them out of interest? (even if it was wishy washy)

ahajames

I emailed them, been taking around 48 hours to reply up to now. Hopefully get some clarity before the 21st !

robsfc90

https://forums.moneysavingexpert.com/discussion/comment/82105939#Comment_82105939

cheers! Was it this address?

emissions@pogustgoodhead.com

ahajames

Yeah that's the one mate. Im now awaiting them to specify where in the original agreement it states if I don't proceed to appeal a judgement then my claim automatically ends and I lose the ATE protection. Hoping it's just scare tactics to encourage as many people into the appeal as they can.