- This topic has 16 replies, 7 voices, and was last updated 1 day ago by Heather Kaye.
April 6, 2020 at 3:07 pm #111204Belfast4
Hi just wondering in case anyone might have an answer, if as a Motability customer you choose a Volkswagen car because it had such great emissions, if there is compensation paid out, would it be paid to Motability as the purchaser or to the customer because they chose the brand.
April 6, 2020 at 5:17 pm #111207jossModerator
Now that is a good question Belfast4.
In the Guardian today VW installed ‘defeat devices’ to subvert emissions tests, high court finds
A spokesperson for Volkswagen Group told the Guardian: “The judgment relates only to preliminary issues [and] does not determine liability or any issues of causation or loss for any of the causes of action claimed. These remain to be determined by the court as the case continues.
“Volkswagen remains confident in our case that we are not liable to the claimants as alleged and the claimants did not suffer any loss. We will continue to defend our position robustly. Nothing in this decision today changes this.”
As motability own the vehicle, I would suggest any compensation would go to them.
Current car BMW X2 2.0i Sport sDrive Auto 2019 with Sport pack
Last car Ford Focus Titanium 1.5 TDCI
Builder of Gaming PC'sApril 6, 2020 at 5:37 pm #111209Belfast4
no doubt that will also end up in courts to determine who actually will get any compensation.
UK drivers win first round in VW ‘dieselgate’ case https://www.bbc.co.uk/news/business-52184229April 6, 2020 at 6:04 pm #111211brian hindmarch
As it is you who is the registered keeper and the one that was deceived By the VW cheat then it will be you that is the injured party so any compensation would go to you. I have been part of the group action for the past 4 years as it was me that was deceived into believing that the car was less harmful to the envioroment than it was. It is not a motability matter as it is a civil action about being lied toApril 6, 2020 at 6:23 pm #111212ChrisKParticipant
I’m no expert on these matter but while we are the register keeper of the cars we are not the owners and I think Motability are the ones who lost out by the diesel cars having larger depreciation that was allowed for in there calculation for selling the car on.
Of course we the customer are the ones that really lose because if Mota don’t get the money they think there going to get at the end of lease then its me and you who pay higher AP’s.
I had a 1.6 TDi Seat Leon that was on the hit list so a few hundred in my bank and I won’t complain. 😁April 6, 2020 at 11:03 pm #111224roxBlocked
Who know’s under common law, which is what any civil claim is brought under, by the parties making the claim, unless you one of them you not part of the claim. IF they win the claim a president is set, which opens the doors for more claims… like mis selling insurance, loans etc… I’m sure if they win the ads will start right away on telly, own a vw maybe you can claim.. call us on 0800 no win no fee, Thing is all this ends up costing us the consumer more.. in the long run and lines the pockets of the law firms making claims for losses. Vw ain’t helping themselves though. would i get another now…. Umm yeah i would.. I did
I not saying it’s right or wrong just that the world we live in where there’s blame theirs’s a claim culture, that imo morally as bad as vw cheating emmisions. if you driving you causing harm to others from particles from tyres even in a electric car.. that worse than co2 or no2. The tyre companies don’t tell you but your tyres wear and that goes somewhere..April 6, 2020 at 11:16 pm #111225Philjb
You’d have to show Vw had left you financially worse off and of course it hasn’t as you hand the car back after the lease so you take no loss come sale time, motability would.
Again though they get them at such big discounts they don’t make a loss.July 6, 2020 at 9:07 pm #118078Ben Nissan/Audi renter
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.July 7, 2020 at 4:38 am #118086PhiljbParticipant
I actually owned my effected Vw privately from new, but it’s now long gone mainly as the so called fix made the vehicle sluggish and terrible on fuel.
saying that I sold it for much more then I thought it was worth.
You would need to prove the amount you were out of pocket, likely to mean you need proof of the mileage you covered and then get a sum agreed on that basis.
It’s very very difficult to prove and get any compensation at all, like all these cases anything won in court will be eaten up in league and court costs.July 7, 2020 at 6:22 am #118090Matt
I have recently ordered an Allspace and honestly, this never entered my head once.
I was more interested in boot capacity, access, adaptive cruise control and the auto box. The only time the engine entered my head was during test drive to ensure the 150bhp diesel didn’t feel underpowered for a large car.
I’m not sure if it’s a bad thing or not, but I really do not care as the real world mpg will be in an improvement on my previous car (1.6 petrol Tucson @ 33mpg). I did however notice it comes with adblue that filters out the emissions. Only ever heard of this on lorries before nowJuly 7, 2020 at 6:44 am #118092file28Participant
@Matt adblue explained
"the world is full of kings and queens who blind your eyes and steal your dreams-its heaven and hell "(RJD)
Seat Ateca FR Black Edition 2.0tsi 190 dsg 4drive Nevada WhiteJuly 7, 2020 at 7:31 am #118096BigDaveParticipant
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:
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?July 7, 2020 at 8:36 am #118101Matt
File28 – thanks for the link, interesting!July 7, 2020 at 10:25 am #118105ChrisKParticipant
My Motability 61 plate Seat Leon 1.6 TDi had the defeat device but that was no problem for me as it’s was not my car.
What is a problem Motability cars since then, in particular, diesel cars, have had there AP rates rigged to allow for the extra deprecation the scandal made to diesel cars even though Euro 6 diesel are no worst that petrol version.
Any which way, we lose.😒July 8, 2020 at 1:26 am #118163PhiljbParticipant
I read online an advert by a legal firm saying Mercedes owners would get between £10-£20,000 compensation each! for their emissions scandal.
Yeah right! How do they get away with this nonsense, it would be interesting to find out how many greedy owners sign up and what if anything they eventually get.April 15, 2021 at 9:09 pm #145688john anthony leadbeater
my wife has had 4 ford mobility cars, the first 3 were diesel and her latest one is petrol, so the diesel cars she had for 9 years in total. if she claimed through a company would she be compensated for each car and can she in fact claim for a mobility car.May 12, 2021 at 12:00 pm #147888Heather Kaye
I have had several Motability car during this time frame all of which were amongst those affected.
Through my laymans eye the law seems very unclear as to whether Motability users have any claim.However ,legal companies who are taking on such cases are touting for cases amongs the lease sector.Whether the lease is through Motability or a private sector company seems irrelevant to them.
I shall watch with interest