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rox.
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crispy
Good morning,thank you so much for contacting us regarding potentially making a claim for the diesel emissions lawsuit. Our interpretation of the eligibility to join any class action claim against some manufacturers is limited to those who have owned a vehicle during the relevant time or who sourced their vehicle via a financial arrangement with the manufacturers Financial Services. We are not in a position to offer any legal advice regarding making a claim and do not intend to join any suits against manufacturers. Please seek independent advice on your eligibility to do so. Many thanks
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ChrisK
ParticipantMy guess would be if there was any chance of a claim on Motability part they would simply do a deal with VW on future AP’s for there group of cars or if you like, sweep it under the carpet. 😉
We will never know of any outcome even if they did make a claim and I don’t even think any staff at Motability would be aware of any such claim should there be one other than top level management.
Brian Hindmarch
I had a VW Passat CC a few years ago through Motability which was one of the cars in Dieselgate. scandal.
I have an active claim through one of the law firms currently pursuing VW through the courts, It”s not about the cars its about being deceived about how clean they were supposed to be.
I get regular updates from my legal team and the claim is very advanced with VW having lost on a lot of issues in the court. The action is not just for owners but for lease customers who were affected too.
Brian Hindmarch
If you search for Slater & Gordon VW Emissions Action, Its on a no win no fee, and when I signed up it stated Motability leases included but its up to the individual to make a claim and nothing to do with Motability
Christine Harris
Hi sorry despite being a driver for 14 years I’m not really up to date with all the correct terminology. My current wav is a diesel and I’ve had several diesel vehicles. A company asked me if I would be making a claim as I’d always chosen diesel believing it to be the more environmentally friendly option. So can we or can’t wait join the masses to make a claim if we have had Motability vehicles
fwippers
ParticipantI have spoken to Motability regarding this having leased a diesel BMW. Motability themselves will no bring any claim but are very happy to help members by providing copies of rental agreements, mileage, number plates, and dates etc. I am considering the situation as there are rumours this could be the next PPI, where banks refunded tens of billions. I have not proceeded yet as the claims companies typically take 30% commission, money that could be saved by making a claim individually. If you recall, at the start the banks resisted all PPI claims but once it was clear they did not have a leg to stand on they invited people to claim direct and cut out the middle man. As I can see this saga running for many years I am in no rush.
John Bradley
Richard
I’m not really convinced of the loss to leaseholders. Overall the claims are for the loss in residual value caused by this mess not for any loss caused by fuel consumption as by comparison I’d imagine that’s trivial.
Wigwam
ParticipantThis is all about the claims companies who only exist because of PPI. Now that market has dried up they are looking to make their money from the belief people were somehow forced to buy Diesel cars. They are like ambulance chasers who play on human greed.
fwippers
ParticipantThe Banks paid out billions because of deceptive behaviour, now it´s the turn of the car manufacturers. Reports suggest a typical payout of around 10 grand. I will monitor the situation.
Richard
Well by all means watch it but that figure is based on losses from people who OWNED the car & the lower residuals caused the loss. As a motability/lease customer where’s your loss? There isn’t one maybe a little fuel & a guilty conscience that your car wasn’t as economical/environmental as you thought?
I’m struggle to understand why you think you’d be entitled to a big payout you didn’t lose anything based on being stuck with a vehicle that had a crash in value.
The reason ppi payments were so high was due to compound interest at 8%. Someone I know was owed a few hundred originally but 20+ years of compound interest made it £9000.
Not the case here at all. Maybe I’m wrong but that’s my understanding. As for these claim companies they’re vile Scum & all that they’ll do is force car prices up same as personal injury has done to insurance.
Wigwam
ParticipantMy sentiments too, Richard.
Simon
@fwippers I wouldn’t be planning a spending spree. I don’t think you have a leg to stand on, I agree with Richard.
fwippers
ParticipantNot planning a spending spree. Not much to spend it on anyway. The law is a strange thing. I have no idea how these figures are calculated but an aquaintance in this line of business suggests 4 figure layouts and 5 in a smaller nùmber of cases could be the norm. We have become like the USA for these type of claims. Not necessarily in favour but for many money talks.
David Geddes
I leased a motability desail car 2012 can i claim
ChrisK
ParticipantInteresting read in my e-mail today from MoneySavingExpert…
https://www.moneysavingexpert.com/travel/diesel-emissions-group-legal-claims/
frank
I can’t believe people are trying to claim for this…..world has gone mad. would hate to serve a hot drink to someone like this oh my lips wheres my solicitor.
fwippers
ParticipantI can’t believe people are trying to claim for this…..world has gone mad. would hate to serve a hot drink to someone like this oh my lips wheres my solicitor.
The thing is this is a breach of contract, the manufacturer’s basically are accused of misrepresentation. It will be for the courts to decide.
Wigwam
ParticipantNot a breach of contract. In the normal way, no car buyer has any contract with any car manufacturer.
fwippers
ParticipantI think the car manufacturers are in for a rough ride over this, certainly appears to be misrepresentation. Probably going to run for a good few years yet.
“A misrepresentation is an untrue statement of fact made by one party to the other, which induces and misleads that party to enter into a contract. Misrepresentation must be of fact, not of opinion or intention. … If the statement is untrue, it will amount to a breach of contract.”
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This reply was modified 12 months ago by
fwippers.
Wigwam
ParticipantIndeed. The ambulance chasers have to earn their crust somehow.
Wigwam
Participantfwippers,
Misrepresentation requires a contract, being an agreement between two parties where one party does something in exchange for a consideration from the other party. I’ll sell you some apples and you pay me £2. There is no contract between the buyer and the car maker because the car maker doesn’t sell the buyer the car or get the money.
False or misleading advertising however doesn’t require a contract. It just has to induce someone to do something, which I guess is the sort of thing these claims companies are alleging.
John
I don’t see the difference really – buyer, leaser or motability leaser – we’re all paying for the vehicles that we chose with misleading information from the manufacturer.
Why should people not be able to claim? Because they’re disabled and got their money from the government?
I chose my car in good faith that the manufacturer gave me the right information to the right decision and pay for that vehicle. It’s outrageous whichever way you paid for that vehicle.
Wigwam
ParticipantIn law, to make a claim for damages, in simple terms, you must:
1. Be able to quantify your loss.
2. Convince a court that the person you are suing caused you to incur that loss.
Ambulance chasing law firms aren’t interested in proving any of that. They just want to cause manufacturers enough nuisance and expense that they settle to make them go away. It’s how they earn their money.
fwippers
ParticipantI don’t see the difference really – buyer, leaser or motability leaser – we’re all paying for the vehicles that we chose with misleading information from the manufacturer. Why should people not be able to claim? Because they’re disabled and got their money from the government? I chose my car in good faith that the manufacturer gave me the right information to the right decision and pay for that vehicle. It’s outrageous whichever way you paid for that vehicle.
Agree 100% and am confident the car manufacturers will be paying out tens of billions just like the banks did with the PPI scandal.
Wigwam
ParticipantA very different legal situation with the banks. They had a direct relationship with their customers and the loss could be quantified.
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