Emissions compensation legal action

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Emissions compensation legal action

Postby Scrowlerfly » Mon Jan 09, 2017 1:17 pm

Has anyone here signed up to the Harcus Sinclair group litigation?
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Re: Emissions compensation legal action

Postby Cuprabob » Mon Jan 09, 2017 1:33 pm

Not sure what people want compensated for especially if you don't take the risk and get the software update. I never saw the Nox figure published anywhere and I doubt any owners used it when deciding what car to buy. Resale values don't seem to be affected so I'm not sure exactly where owners are out of pocket and require compensating. Just my opinion of course.

In my eyes it's lawyers lining lawyers pockets.
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Re: Emissions compensation legal action

Postby rpsmith79 » Mon Jan 09, 2017 2:37 pm

Cuprabob wrote:Not sure what people want compensated for especially if you don't take the risk and get the software update. I never saw the Nox figure published anywhere and I doubt any owners used it when deciding what car to buy. Resale values don't seem to be affected so I'm not sure exactly where owners are out of pocket and require compensating. Just my opinion of course.

In my eyes it's lawyers lining lawyers pockets.


Here, here

My thoughts exactly, what are you wanting to be compensated for?

It really winds me up, i am going through an ongoing battle with ambulance chasers trying to get me to make a claim for my "unclaimed" personal injury settlement for a car accident i had nearly 2 years ago, despite the fact that it was a very low speed accident and i was not injured in any way (which i tell each and every company that phones me), i must have had at least 200 phone calls, at one point i was getting 5-6 calls a week from them
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Re: Emissions compensation legal action

Postby jackhay » Mon Jan 09, 2017 7:40 pm

The idea would be to make a claim for the diminished value of the car (might be a problem at sale time whether you've had the fix done or not, especially if it becomes the general view that the fix spoils driveability); and also, I suppose, in some way to punish VW financially for cheating us. I understand the logic but I'm not thinking of signing up.
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Re: Emissions compensation legal action

Postby rpsmith79 » Mon Jan 09, 2017 9:05 pm

But it hasn't really affected retail values, and you can't claim damages for someone lying, how do you attach a monetary value to a lie/mis-truth
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Re: Emissions compensation legal action

Postby Cuprabob » Mon Jan 09, 2017 9:11 pm

Especially when the lie / mis-truth is not really a parameter published or used to make the buying decision.

Who bought their car based on the Nox value?
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Re: Emissions compensation legal action

Postby ChrisL » Fri Jan 20, 2017 1:27 pm

The Harcus Sinclair and Slater and Gordon VW Emissions Action Group asks you to agree with one of the following before you can join it:
"I confirm that had I known my vehicle:
1. was not compliant with the relevant European emissions regulations and therefore should not have been registered and allowed to be driven on public roads; or
2. emitted higher volumes of NOx than was stated on its registration documents (the V5 Logbook); or
3. was fitted with an unlawful device which sensed when the vehicle was undergoing emissions testing, and altered its performance accordingly; or
4. would need to be recalled in order for a technical measure to be carried out in order to ensure it was compliant with European emissions regulations,
I would not have bought it."

There is an extensive FAQ including whether the 'fix' is an obligation to joining the group: http://www.vwemissionsaction.com/faqs-f ... egal-claim
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Re: Emissions compensation legal action

Postby Technane » Fri Jan 20, 2017 3:33 pm

and if you bought it after the scandal that makes all of that null and void!
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Re: Emissions compensation legal action

Postby Deagol » Tue Jan 24, 2017 11:05 pm

Presumably, any third-party remap purchased for your TDI before or after the news broke would also take you outside of the class action. I am not that keen on this sort of compensation culture and as Cuprabob commented, the "Lawyers lining pockets" aspect is something I find unsavoury too. Don't get me started on Accident Claim phone calls either.

Getting back on topic (a bit) would it be too much to ask VW for some kind of specific warranty about the "fix" they want to put on the car software? As a Grade V Anorak, I have maintained a record of the fuel consumption on mine since I got it and would expect to spot any significant variation as a result of the Fix. Performance changes would not, I hope, be noticable, but until I could experience "before" and "after" I won't know. I'm not looking forward to finding out the hard way, particularly when other Central members have said that we cannot get the car reverted to original spec software.

Unless something special happens which changes my mind, my current plan is that on the car's next service, I will be telling the dealer that I do not want the Fix applied to my car immediately due to uncertainties on the legal position which I am waiting to have resolved, and I reserve the right to have the work done later once the uncertainties are sorted. Or some similar wording (you can tell that I really mean I am going to sit on the fence for a while longer!) I think I also want the Service Manager to sign a bit of paper confirming that he understands my request and will ensure that no-one accidentally applies the Fix whilst they do the service.

But this might cut as much ice as a paper hacksaw.

And returning to the original subject matter, no, I don't think that this action will work over here, sharing the reasons already given by other members.

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Re: Emissions compensation legal action

Postby xjay1337 » Wed Jan 25, 2017 11:14 am

rpsmith79 wrote:
Cuprabob wrote:Not sure what people want compensated for especially if you don't take the risk and get the software update. I never saw the Nox figure published anywhere and I doubt any owners used it when deciding what car to buy. Resale values don't seem to be affected so I'm not sure exactly where owners are out of pocket and require compensating. Just my opinion of course.

In my eyes it's lawyers lining lawyers pockets.


Here, here

My thoughts exactly, what are you wanting to be compensated for?

It really winds me up, i am going through an ongoing battle with ambulance chasers trying to get me to make a claim for my "unclaimed" personal injury settlement for a car accident i had nearly 2 years ago, despite the fact that it was a very low speed accident and i was not injured in any way (which i tell each and every company that phones me), i must have had at least 200 phone calls, at one point i was getting 5-6 calls a week from them


I agree, it's a load of crap.
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Re: Emissions compensation legal action

Postby houghton1873 » Mon Apr 17, 2017 2:08 am

I drive my car because i like it not because its cheap to run......if that's the case we would all run about in Toyota Prius
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Re: Emissions compensation legal action

Postby Addymk2 » Mon Apr 17, 2017 6:29 pm

houghton1873 wrote:I drive my car because i like it not because its cheap to run......if that's the case we would all run about in Toyota Prius

Or diesels.
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Re: Emissions compensation legal action

Postby jahno » Fri Apr 28, 2017 1:22 pm

houghton1873 wrote:I drive my car because i like it not because its cheap to run......if that's the case we would all run about in Toyota Prius


Do you mean that it's good to you when you have to pay a lot for a driving and caring a car?
To want to, is to be able to.
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