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Volkswagen vehicle emissions claims

Why contact Leigh Day now?

We have been inundated by Volkswagen owners who bought these vehicles and may have a claim for compensation.

We are waiting to hear exactly what Volkswagen suggests to remedy the fitting of ‘defeat devices' to cars in the UK. According to reports this could involve serious alterations to some cars, meaning higher emissions, worse fuel economy and your car being a devalued vehicle.

We are asking affected VW customers to register their interest with us, and we will collectively investigate the legal case for compensation.
 
If this is you, please fill out the enquiry form on this page.

Which cars are affected?

Volkswagen has confirmed that 1.2 million of its vehicles sold in the UK are affected. The diesel models affected include Volkswagen cars and other Volkswagen-owned brands such as Audi, Seat and Skoda as well as VW commercial vehicles.

Volkswagen estimate 11 million cars worldwide could be affected.
 
The specific numbers of vehicles in the UK affected: 1,189,906 million in the UK

These include:
 
  • Volkswagen Passenger Cars – 508,276
  • Audi – 393,450
  • SEAT – 76,773
  • ŠKODA – 131,569
  • Volkswagen Commercial Vehicles – 79,838 (source: Volkswagen)

Years affected: Anyone with an EA189 engine, which means 1.2 litre, 1.6 litre and 2.0 litre diesel engines (TDIs – Turbo Diesel Injection).

The affected vehicles were sold between 2009 and 2014 - Those with Euro 5 emission standards (September 2009 – September 2014).

Confirmation of Audi car models affected in UK:
Audi: A1, A3, A4, A5, A6, TT, Q3, Q5 and A5
(source: What Car)

Where can I find the VIN?

You can confirm whether your vehicle is affected by checking the VIN (Vehicle Identification Number) details of your car on these sites:


You can find your VIN in the front of the service book or at the bottom of the windscreen on the left hand side (as you look into the vehicle from the outside).

The VIN will look like this: WVWZZZ1JZXW000010

If your car is affected let us know and also let us know when you are invited in for a refit.

Updates

When you register your interest you will receive regular updates.

To see all our previous updates please see below:

What claims are Leigh Day currently considering?

In a statement issued on the 24th September 2015 Bozena Michalowska-Howells from the Consumer Law and Product Safety group at Leigh Day said:

“If it emerges that these cars in the UK passed tests because of this software, with emissions higher than legally permitted on the roads, then this is not only a breach of contract but a flagrant breach of EU emissions regulations, which specifically prohibit the use of defeat devices. Consumers are thus entitled to bring claims for compensation directly against VW.

“In the event of a UK recall, Volkswagen should initiate contact with its customers to make arrangements concerning a repair. Consumers could be entitled to seek compensation for any increased fuel costs, depreciation of vehicle value, out of pocket expenses and costs associated with future repair including potential increases in vehicle excise duty.

"Those drivers who were charged more for the ‘clean diesel’ version of a vehicle could also be entitled to a refund of the difference in price.

“In the last two days we have been inundated by Volkswagen owners who bought these vehicles specifically because of their alleged reduced fuel emissions and who are outraged by the company's actions.”

What will it cost me?

If legal action progresses then individuals with a valid case against Volkswagen would be able to bring their claim under what is known as a conditional fee agreement, which is the same as a no-win no-fee agreement.

We will further look to obtain insurance cover so that there is no financial risk to the car owner. Hopefully it will not come to that and the manufacturer will agree to compensate VW car owners/users without involving the courts. 

Technical detail on the law.

The current domestic law in relation to these types of claim is contained in the following legislation:
 
  • Misrepresentation Act 1967
  • Supply of Goods (Implied Terms) Act 1973
  • Sale of Goods Act 1979
  • Supply of Goods and Services Act 1982
  • Sale and Supply of Goods Act 1994
  • Sale and Supply of Goods to Consumers Regulations 2002
 
However, the new Consumer Rights Act legislation (CRA) which comes in to force in October will consolidate and streamline this legislation and make it easier for consumers to seek redress.
 
The CRA does bring in provisions for US style Opt Out class actions but such actions only relate to breaches of competition law. Thus Claimants would have to bring stand alone claims for breach of contract and statutory consumer legislation or join forces to bring a group action proceeding against VW itself and VW dealerships.

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