When a firm lies to you in order to sell you something, they mis-sell to you. This is a very clear legal issue. If you have been deceived, financial loss or not, you are right to demand compensation. The ‘where there’s a claim culture’ is an important part of our justice system. By hitting firms in the pocket as a punishment, it hits them where it hurts – profits. It is our duty to ensure that big firms don’t profit through deceit. If this results in pushing up the cost of cars produced by dishonest manufacturers, this will undoubtedly impact on sales and profits. I like the Audi range – well built and stylish. I am also very concerned about emissions. I feel wronged because I was misled. I was lied to I order to get me to buy these cars – that is not acceptable. Anyone who argues otherwise is simply wrong. I will seek sound legal advice on the matter and suggest you do the same.
You seem to be well behind the curve in wanting to take legal action against VW, as a class case has already been heard in the High Court. See Brydo’s post here:
VW emissions scandal: VW installed ‘defeat devices’ in thousands of cars, High C
The difficulties you may have is that if you leased the vehicle from Motability, you personally have suffered no financial loss if the vehicle’s value dropped due to the scandal – it is/was Motability who suffered the loss on resale of the vehicle.
On another tack, have you actual proof that VW’s emission defeating has caused your health to suffer?
If your main concern is about the emissions, then the worldwide legal action already taken in the US and elsewhere has been successful already in both highlighting the problem and forcing VW to clean up its act and cease using the defeat devices.
Providing of course the UK action succeeds both in the Court of Appeal and probably the Supreme Court if/when it gets there, the judges will decide if any compensation to owners is due.
As Phil says above, the big winners in this will be the lawyers who will take their cut first and that would no doubt swallow up a huge chunk of any award.
But as your stand seems to environmental and not financial, why would you now want to pursue a claim as they have stopped using the devices anyway?