MONEY saving expert Martin Lewis has revealed the full list of cars that could see people get a payout of thousands of pounds over the diesel emissions scandal.
It comes after it was revealed registered keepers or owners of a Volkswagen diesel vehicle were in line to get an average payout of £2,100 after the manufacturer agreed a £193million settlement with 91,000 UK motorists.
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Last week, The Sun reported on the latest developments in the ongoing issue after VW settled out of court.
WHAT IS THE SITUATION WITH THE SCANDAL?
It emerged back in 2015 that millions of VW owners were allegedly deceived into buying cars with software that cheated emissions tests.
The company admitted that 11 million cars worldwide, including 8 million in Europe, had the devices installed.
Furious car owners brought forward “class action” against the car manufacturing giant.
The case was supposed to go to the High Court in 2023.
But now an out of court settlement has been reached.
Although it’s not known exactly how much owners will get, a £193million settlement spread out between 91,000 affected motorists would mean an average payout of around £2,100.
Europe’s largest carmaker apologised again to UK customers earlier this week and called the deal an “important milestone”.
But it made no admissions as to liability, causation or loss.
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Volkswagen chief legal officer Philip Haarmann said: “The Volkswagen Group is pleased that we have been able to conclude this long running litigation in England & Wales.
“The settlement is another important milestone as the Volkswagen Group continues to move beyond the deeply regrettable events leading up to September 2015.”
However, the controversy has also spread to other vehicle manufacturers.
CAN I JOIN A CLAIM?
If you were the registered keeper or owner of a diesel car or van in England or Wales which was made between 2007 and 2018, you may be able to join a group legal claim over emissions, MoneySavingExpert says.
This applies to if you either owned the vehicle outright or bought it on finance.
While law firms say if you believe you were mis-sold or paid over the odds for the vehicle you could be in line to thousands of pounds in compensation, there is no guarantee this will happen.
The brands involved are:
- Audi
- BMW
- Chrysler
- Citroen
- Fiat
- Ford
- Hyundai
- Jaguar
- Kia
- Land Rover
- Mini
- Mercedes-Benz
- Nissan
- Peugeot
- Porsche
- Renault
- Seat
- Skoda
- Vauxhall
- Volkswagen
- Volvo
Broadly speaking, the group legal claims say the carmakers used illegal “defeat devices” in their diesel vehicles to cheat tests done by regulators checking emissions levels, before approving vehicles for sale.
The law firms involved, argue that those cars and vans produced more harmful nitrogen oxide (NOx) pollution than was advertised, effectively meaning the vehicles were mis-sold to customers.
There are three reasons why you might be due some money back:
- You would have never bought the vehicle had you known about the alleged emissions flaws.
- You paid over the odds, such as paying a premium for what you thought was a more environmentally friendly car, this applies to both new and second-hand models.
- If the car or van had to be fixed to comply with emissions standards. The fix itself may have led to worse fuel efficiency or worse performance, which potentially could have lowered its value or created additional costs and you may be able to claim for damages.
It is important to note though the manufacturers disagree with this, with VW saying consumers haven’t suffered any financial loss.
Ultimately, it may be down to the courts to decide who is correct.
HOW DO I JOIN A CLAIM?
You can sign up if you bought, leased or financed an affected diesel vehicle, either a car or a van, during the relevant period.
There are six main law firms working on the case in England and Wales.
- Hagens Berman UK
- Keller Lenkner UK
- Leigh Day
- Milberg London
- PGMBM
- Slater and Gordon
Potential claimants are advised not to sign up with more than one firm over the same vehicle.
If you do, your claim could be issued at court more than once, which could be considered an abuse of the process and could leave you liable for legal costs.
You could also be liable for costs if you have to cancel your agreement with one firm because you signed up with another.
HOW MUCH MONEY COULD I GET?
This depends on a number of factors although it is not certain any claimant will get anything.
If the courts decide there is no case the claimant won’t get a penny.
The claims, should they proceed, will be grouped together when they reach court.
This means that when it does go to court, your chances of winning won’t rest solely on the firm you signed up with, but on all of the law firms working together.
But the firm the claimant signs up with will be a factor in any compensation awarded by the court you actually get to keep if the claim succeeds – or is settled out of court.
In the case against the VW Group which owns the Audi, Seat, Skoda and VW brands, it was eventually settled out of court following a High Court ruling in April 2020 which said VW had installed a ‘defeat device’ into a certain type of VW diesel engine – EA189 – used in various Audi, Skoda, Seat and VW vehicles.
The VW Group settled out of court in May 2022 for £193 million, with VW Group also making a separate undisclosed contribution to claimants’ legal costs.
It’s not clear how much individual claimants will get after all fees and costs are deducted – the law firms involved say this is confidential due to the terms of the settlement.
VW, who had previously denied no one lost out financially, still insists the settlement does not amount to any admission in respect of “liability, causation or loss” but was simply “the most prudent course of action commercially”.
Although claims have been launched against other manufacturers, none has progressed very far yet – and they may not at all.
However, law firms are asking customers of many other brands to register their interest in potential claims, and say that hundreds of thousands of vehicles could be affected by similar emissions issues.
WHAT HAVE THE MANUFACTURERS SAID?
Manufacturers deny the allegations.
According to MoneySaving Expert, the carmakers involved in the cases have said:
- BMW Group, owner of the BMW and Mini brands, said: “BMW Group vehicles always comply with the necessary legal requirements and so the company categorically rejects any accusation that diesel emissions from their vehicles are manipulated in any way.”
- Ford said: “As we said back in 2016, we did not and do not have what are commonly known as ‘illegal defeat devices’ in our vehicles, and our advanced diesel engines meet all applicable emissions requirements.”
- Hyundai and Kia (Hyundai owns part of Kia) said: “All of the brand’s vehicles sold in the UK and Europe comply with the emissions regulations in operation at the time of sale, and Hyundai and Kia have not infringed upon any European emissions testing rules.”
- Jaguar Land Rover, owner of the Jaguar and Land Rover brands, said it “does not use emissions cheat devices or software in any of its products. We have not yet seen any technical evidence in relation to this matter and will strongly contest any claims made.”
- Mercedes said: “We believe that the claims are without merit and will vigorously defend ourselves against them or any group action with the necessary legal means.”
- Nissan said it “strongly refutes these claims. Nissan has not, and does not, use illegal defeat devices in any of the vehicles that it makes, and all Nissan vehicles fully comply with applicable emissions legislation.”
- Renault said it “denies having committed any offence and reminds that its vehicles are not equipped with any rigging software for pollution control devices. Renault vehicles have all and always been type-approved in accordance with applicable laws and regulations.”
- Stellantis, owner of the Citroen, Peugeot and Vauxhall brands, said: “These claims are unfounded and we will defend ourselves against them.”
With regards to claims against the Chrysler and Fiat brands, which it also owns, Stellantis said: “We believe this claim to be totally without merit and we will vigorously defend ourselves against it.”
- Volvo said: “Volvo Cars has never used any illegal defeat devices in any of its cars.”
- VW Group, owner of the Audi, Porsche, Seat, Skoda and VW brands, said regarding the initial UK case against it: “The group is pleased that we have been able to conclude this long running litigation in England and Wales. The settlement is another important milestone as the Volkswagen Group continues to move beyond the deeply regrettable events leading up to September 2015.”
It added: “We have been advised that a claim has been threatened in England and Wales relating to newer diesel vehicles. The Volkswagen Group will examine the claim in detail and will defend itself robustly in relation to the new allegations, which we consider are vague, unsubstantiated and appear to confuse the different technologies and engines involved.”
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