VW Group Emissions

In order for a vehicle to be sold, registered and driven in the UK, amongst other things, it must comply with the NOx emissions limits provided in the Emissions Regulations. VW have breached those regulations manufacturing and selling vehicles that emit higher levels of NOx than are allowed. Essentially VW fitted ‘defeat devices’ to around 1.2 million vehicles that were sold in the UK. We allege that these devices allowed the engines to ‘cheat’ the testing process so it appeared that they met the emissions regulation standards.

As a consequence, consumer’s were misled into thinking that their vehicle was much less harmful for the environment and also charged more for the vehicle.

VW fraudulently represented that the affected vehicles complied with all relevant laws and thereafter fraudulently represented that the vehicles did not contain the ‘defeat devices’. As well as a claim in deceit, there is a breach of contract, EU Law and consumer protection laws.

Volkswagen has repeatedly told customers that the vehicles are safe and roadworthy. However, despite entering into a settlement with owners in the US worth around $15 billion, as well as settlements in Germany and Australia, Volkswagen has refused to acknowledge wrongdoing in the UK.

Initially in September 2015, VW’s Chief Executive said that he was ‘deeply sorry’ for the incident. VW purported to offer to ‘fix’ the vehicles affected but have not offered any compensation.

VW say the situation in the UK is very different to the USA in that they can fix the cars in the UK whereas they can’t in the USA. Consequently, VW have refused to offer compensation.

1. Financial compensation for you – you are owed damages for being misled. You are likely to have paid a higher price for your vehicle and the resale value could be less.
2. For the environment – Companies such as VW Group should not be allowed to profit from being untruthful. VW should be held to account for their actions. We all have a responsibility to protect the environment and vehicles that emit harmful levels of noxious substances that are harmful to the environment and health affect us all.
3. Accountability – Any company or organisation that has misled its customers should be held to account for their actions and pay any subsequent penalties. Big businesses have powerful brands that people trust, this trust is often the reason consumers make decisions to purchase a product. Companies cannot be allowed to abuse this trust and so this action will act as deterrent for other companies.

A Group Litigation against VW Group that was due to commence Trial in the High Court in January 2023, has settled. Because you came forward after the closure of the original Group Litigation, we have to pursue your claim in separate proceedings.

If you have not already commenced a claim, it is now too late to do so as it is now more than 6 years since the news of the scandal broke.

If you have an existing claim for an affected vehicle (whether it was purchased new or second hand including on finance, hire purchase, personal contract purchase or leased), this will continue.

You can also continue to pursue your claim if you sell, or have sold the affected vehicle, provided that you have proof of ownership/leasing.

You may have received a letter from the manufacturer or you can check to see if your car is affected below:

Volkswagen:
https://www.volkswagen.co.uk/owners/emissionsinfo

Skoda:
https://www.skoda.co.uk/owners/dieselinfo/check-your-vehicle

Audi:
https://www.audi.co.uk/owners-area/emissions/check-your-car.html

Seat:
https://www.seat.co.uk/owners/diesel-engines/vin-number.html

It is not possible to advise definitively about the likely level of compensation at this stage given there are a number of factors that will determine that. How much the purchase price was being the starting point together with a number of other factors. The amount of any damages that are awarded will ultimately be determined by the Court or negotiated between the parties.

You are signing a no-win, no-fee agreement. If we don’t win your case, and you keep to the terms of the agreement, you won’t be charged anything.

If you do win, some of our charges will be paid by VW and some by you out of your damages. You will also have to pay from your damages the costs of insurance and the funders who are supporting your case.

If we lose the claim, we will not charge you for our time or the costs we have incurred on your behalf.

We will ask you to complete a short questionnaire online and upload any documents you have. One of our specialist lawyers will then review your claim.

As the case progresses, we will provide updates via periodical email-shots. We will also update the content and FAQs on our website. If, however, there is something you are not clear about and require a specific response to, you can contact us.

We won’t be bombarding you with hundreds of letters instead we want you to be able to pursue a claim with as little inconvenience as possible. Our frequently asked questions should answer any queries you have.

Litigation is a lengthy process and unless you hear from us, there is nothing new to report so we won’t trouble you. Likewise we would be grateful if you could be patient and await online updates, this will allow us to get on with progressing your claim.

Documents showing ownership such as receipts or V5 registration documents, vehicle brochures, finance documents, lease agreements and any other documents which were relevant to your decision to purchase the affected vehicle.

If you no longer have those documents then you are still likely to be able to participate, but we will need as much information from you as possible so that we can undertake additional investigations.

You will be able to upload these documents quickly to our portal once you have signed up.

Whilst we cannot promise that you won’t have to at this stage we would say it is very unlikely that you will need to attend Court. Whatever happens you can rest assured we will be with you every step of the way providing you will all of the help and guidance you need. Our team of lawyers including Barristers and Solicitors are used to dealing with litigation so you can feel confident that everything possible will be done to settle your claim.

VW have repeatedly said that they can ‘fix’ the vehicles but there is no objective evidence that this can be done without harming the car or impacting on the resale value. This also misses the point that customers have been misled.

The aim of the ‘fix’ is to make sure the cars comply with the emissions regulations when being driven day to day. Initially, VW would not divulge what the ‘fix’ involved, but now it has come to light during the ‘disclosure’ stage of the claim that there is evidence suggesting that the ‘fix’ for the defeat device offered by VW Group was, itself, another form of defeat device and therefore these vehicles are, for much of the year in the UK, still emitting unlawful levels of NOx.

Because of the lack of transparency many customers are choosing not to have the ‘fix’ carried out. There have been reports of vehicles using more fuel and driving more slowly after the ‘fix’ but as it stands, we have no definitive data or evidence.

You do not have to have the ‘fix’ if you do not want to. At this stage we do not anticipate that having your car fixed will affect your claim because we consider that you will still have paid more for the vehicle at the time it was purchased.

VW are currently robustly defending the claim. If the claim settles it could be months before you get compensated but it is likely to take between 18 to 24 months for the matter to proceed to trial.

We need to carry out manual ID checks for those clients who did not pass the automated check. We will send you an email to confirm when this manual check is complete.

We have shut down the Portal to allow us to better control and advise you in respect of any changes of your information, now that proceedings have been issued.

If you need to make any changes to the information you have given to us about your claim, you wish to send us any supporting documentation, or you have any queries; please contact us on 0151 958 0652 or via email: vwclaims@bondturner.com.

If you do not have a utility bill, you can use a bank statement, a council tax bill or a TV licence bill.

If you have not yet received an email from us, there may be an issue with the email address you supplied when you completed the enquiry form online. If this is the case you need to contact us to confirm your email address.

Yes. If we do not win your case, and you keep to the terms of the agreement, you will not be charged anything. If we do win, some of our charges will be paid by VW and some by you (up to 50% of your damages).

You will also have to pay from the damages that you receive, the costs of ATE legal expenses insurance.

If we lose the claim, we will not charge you for our time or the costs we have incurred on your behalf.

Your Vehicle Identification Number (VIN) is a unique number which identifies your car. You can find your VIN Number:

• On the windscreen of the car – typically on the passenger side bottom corner
• On the Vehicle Identity Plate – usually attached to the bodywork, either in the engine compartment or on a front door pillar
• Vehicle title and registration document
• The service manual / booklet

For more information, please access the following links:

• Volkswagen: https://www.volkswagen.co.uk/owners/emissionsinfo
• Skoda: https://www.skoda.co.uk/owners/dieselinfo/check-your-vehicle
• Audi: https://www.audi.co.uk/owners-area/emissions/check-your-car.html
• Seat: https://www.seat.co.uk/owners/diesel-engines/vin-number.html

We will notify you by email and SMS if there is an update on your claim. To find out more about the progress of your claim, please email us at VWclaims@bondturner.com.

As you may recall that in our last update, we advised you that we had issued proceedings on your behalf and as part of a large group claim, and were progressing with obtaining the necessary permission to serve proceedings on manufacturers in their own country.

Permission has been granted by the Court, along with an extension of the validity of the claim form, that should allow sufficient time for the proceedings to be translated and service to be completed. Service in a foreign country is, unfortunately, a very long diplomatic process.  However, we have no choice but to take this route as the manufacturers are refusing to instruct solicitors in the English & Welsh jurisdiction to accept service.  We are currently working towards service being completed by June 2023.

We have however successfully served proceedings (for those who have a claim against them) on the one Group defendant that is within our jurisdiction -Volkswagen Financial Services Ltd – and we are negotiating with their solicitors as to when their defence will be filed.

You may also recall from our last update, that the defendants had made an application to “strike out” the claims in the existing Group Action, on the basis that the claimants were not “deceived” when purchasing/leasing the affected vehicle.

We are pleased to advise that the application was not successful and the court considered those issues ought to remain to be determined.

In the meantime, we are continuing to work through each individual case over the next few weeks and months to ensure we have all the information we need and have the necessary documents to support your claim.

If we have requested further information from you, please respond as a matter of urgency to ensure that we are able to complete the information we need to take your case forward as best as possible. Failure to do so may damage the prospects of your claim.

If you are having any problems providing this information we have requested, please email us at Emissions@bondturner.com or contact our office on 0151 958 0652.

If there is any further news we will update our website.