A further 15,000 owners of cars affected by the emissions scandal join pursuit for class action lawsuit; VW says it will defend action "robustly"
Jim Holder
30 January 2017

More than 25,000 owners of Volkswagen Group cars affected by the diesel emissions scandal have begun proceedings for a class action lawsuit demanding around £3000 each in compensation.

The number has grown from 10,000 people earlier this month, with the case entering the High Court today. Volkswagen is expected to issue a statement after the proceedings.

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To date, VW has not offered compensation to UK owners of affected cars, which are powered by EA189-designated diesel engines built between 2009 and 2015, arguing that its cars didn’t breach the laxer European emissions regulations.

Around 1. 2million AudisSeatsSkodas and VWs are affected by the scandal in the UK. If the legal bid is successful it could cost VW £30m initially, will the potential to cost up to £3.6 billion.

Read more: VW scandal, one year on

VW’s stance in the UK is in contrast to its position in the US, where affected cars were in clear breach of the tougher regulations. In the US, the firm reached a £12bn settlement with owners, with some receiving payouts of up to £8000.

In the UK, the legal action is being coordinated by legal firm Harcus Sinclair UK on behalf of a consortium of applicants.

Damon Parker, head of litigation at Harcus Sinclair, told the Daily Mail that drivers felt they had "no choice but to take legal action".

"The group action aims to ensure that, if VW is found to have misled consumers about the environmental damage caused by their cars, they are penalised accordingly so as to discourage this sort of behaviour from happening again," he said. 

VW’s stance in the UK and the rest of Europe has previously come under fire from Labour MP Louise Ellman, who chairs the Transport Select Committee.

"Volkswagen's evidence to us was just not credible, but the government has lacked the will to hold VW accountable for its actions," she said last year.

"There is a real danger that VW will be able to get away with cheating emissions tests in Europe if regulators do not act."

A statement from VW in response to the action read: "We have been notified that Harcus Sinclair intends to bring proceedings against Volkswagen on behalf of 77 claimants in the English High court in relation to the NOx emissions issue. As we have previously said, we intend to defend such claims robustly. 

"Technical measures have already been developed by the Volkswagen Group for vehicles affected by the NOx emissions issue and approved in principle by the relevant certifying authorities. Final approvals have also been provided by the authorities in respect of the vast majority of the affected models. The technical measures have already been implemented in a large number of our UK customers’ vehicles.

"Importantly, for the vast majority of model variants for which final approval has already been provided, the relevant certifying authorities have confirmed that implementation of the technical measures has no impact on MPG, CO2 emissions, engine performance, maximum torque and noise emissions. Furthermore, as a number of independent bodies (including motoring publications and used car values specialists) have noted, we expect no decline in the residual values of the affected vehicles as a result of this issue.

"As a consequence, we have made it clear that we do not anticipate that any of our UK customers will in fact have suffered any loss as a result of the NOx emissions issue and that it is premature for claims to be brought in the UK.

"Given that litigation has now commenced, it would be inappropriate for us to comment any further at this stage."

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Comments
31

9 January 2017
If VW had given away a free service they may well have got away with it but they didn't and might end up paying a lot more, in customer loyalty if not cash!

 

Hydrogen cars just went POP

9 January 2017
xxxx wrote:

If VW had given away a free service they may well have got away with it but they didn't and might end up paying a lot more, in customer loyalty if not cash!

What have UK diesel owners lost by VW's dieselgate?
Have VW actually broken any UK or EU law? Remember the emission laws in the US are completely different from EU/UK.
How will owners prove they have suffered a loss through VW's actions?
We all know diesel haters like xxxx will jump upon any passing bandwagon where they can to portray diesel vehicles as too polluting, too costly and horrible to own and drive but most owners would not go back to a petrol car and electric is currently just too expensive with too short a range.

9 January 2017
Campervan wrote:
xxxx wrote:

If VW had given away a free service they may well have got away with it but they didn't and might end up paying a lot more, in customer loyalty if not cash!

What have UK diesel owners lost by VW's dieselgate?
Have VW actually broken any UK or EU law? Remember the emission laws in the US are completely different from EU/UK.
How will owners prove they have suffered a loss through VW's actions?
We all know diesel haters like xxxx will jump upon any passing bandwagon where they can to portray diesel vehicles as too polluting, too costly and horrible to own and drive but most owners would not go back to a petrol car and electric is currently just too expensive with too short a range.

Bit grumpy. I only said VW should’ve offered a little something for customer relation purposes/goodwill. Don’t be so defensive and let other people have their opinion and make suggestions without making personal attacks. Oh and I do believe diesel has a use just not as widespread as some people would like

 

Hydrogen cars just went POP

30 January 2017
xxxx wrote:
Campervan wrote:
xxxx wrote:

If VW had given away a free service they may well have got away with it but they didn't and might end up paying a lot more, in customer loyalty if not cash!

What have UK diesel owners lost by VW's dieselgate?
Have VW actually broken any UK or EU law? Remember the emission laws in the US are completely different from EU/UK.
How will owners prove they have suffered a loss through VW's actions?
We all know diesel haters like xxxx will jump upon any passing bandwagon where they can to portray diesel vehicles as too polluting, too costly and horrible to own and drive but most owners would not go back to a petrol car and electric is currently just too expensive with too short a range.

Bit grumpy. I only said VW should’ve offered a little something for customer relation purposes/goodwill. Don’t be so defensive and let other people have their opinion and make suggestions without making personal attacks. Oh and I do believe diesel has a use just not as widespread as some people would like

Personal attacks are justified in certain circumstances. Maybe Campervan is somehow related to Herr Piech or to Herr Rudolf Christian Karl Diesel

30 January 2017
sabre wrote:
xxxx wrote:
Campervan wrote:
xxxx wrote:

If VW had given away a free service they may well have got away with it but they didn't and might end up paying a lot more, in customer loyalty if not cash!

What have UK diesel owners lost by VW's dieselgate?
Have VW actually broken any UK or EU law? Remember the emission laws in the US are completely different from EU/UK.
How will owners prove they have suffered a loss through VW's actions?
We all know diesel haters like xxxx will jump upon any passing bandwagon where they can to portray diesel vehicles as too polluting, too costly and horrible to own and drive but most owners would not go back to a petrol car and electric is currently just too expensive with too short a range.

Bit grumpy. I only said VW should’ve offered a little something for customer relation purposes/goodwill. Don’t be so defensive and let other people have their opinion and make suggestions without making personal attacks. Oh and I do believe diesel has a use just not as widespread as some people would like

Personal attacks are justified in certain circumstances. Maybe Campervan is somehow related to Herr Piech or to Herr Rudolf Christian Karl Diesel

xxxx always criticises diesel cars and is often venomous about them. Personally I have only had diesel cars since 1985 but have no hatred about others deciding to buy petrol or electric. The great thing about choice we can each choose what suits us but there are those who want to remove that choice on this forum. Dear xxxx buyers have already handed in their verdict, the only one that matters, and made VW currently the world's biggest car manufacturer overtaking Toyota the year following dieselgate.

9 January 2017
The claimants will have to demonstrate they have actually lost £3k each (you can only recover financial loss and not punitive damages here) and I think that will be very difficult indeed

9 January 2017
With most of these cars purchased on finance, the owner will probably be the finance company. And proving a £3k would be very difficult, given that most of these cars will have similar RVs to competitor products from the likes of Ford, VW, Peugeot etc.

9 January 2017
oop north wrote:

The claimants will have to demonstrate they have actually lost £3k each (you can only recover financial loss and not punitive damages here) and I think that will be very difficult indeed

Actually no. Owners will be compensated according to how many vehicles they have owned and the specific vehicle model.

30 January 2017
JimmyMac wrote:
oop north wrote:

The claimants will have to demonstrate they have actually lost £3k each (you can only recover financial loss and not punitive damages here) and I think that will be very difficult indeed

Actually no. Owners will be compensated according to how many vehicles they have owned and the specific vehicle model.

Do you have any evidence to back up what you say?

31 January 2017
oop north wrote:
JimmyMac wrote:
oop north wrote:

The claimants will have to demonstrate they have actually lost £3k each (you can only recover financial loss and not punitive damages here) and I think that will be very difficult indeed

Actually no. Owners will be compensated according to how many vehicles they have owned and the specific vehicle model.

Do you have any evidence to back up what you say?

I have joined the class action and it was in the documents that I needed to read, sorry I don't have a copy to share.

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