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Volkswagen Diesel Scandal – Frequently Asked Questions
At R James Hutcheon Solicitors we have seen a dramatic increase by Volkswagen Owners expressing a wish to Register their interest to make a Volkswagen Emissions Compensation Claim as a result of the scandal. Below we try to answer the most common questions but we must stress that Volkswagen owners should not rely upon the FAQs and answers as advice or guidance. If you wish to make a claim you must Register Your Volkswagen Emissions Claim with us if you intend to proceed with a claim.
Q 1: Volkswagen Diesel Emission Scandal – What’s it about?
A: Volkswagen, (VW) the owner of Volkswagen Vehicles have admitted that it had used software on certain diesel engines so as to reduce the emission output levels of its vehicles which could be construed to mislead its customers. Many of Volkswagen’s customers purchase diesel engines due to perceived efficiency and low environmental pollution. Certain Volkswagen diesel engines fitted to its vehicles may not live up to these claims. In time we will know the extent of scandal and will be better to advise our Volkswagen clients of their right to compensation.
Q 2: What Volkswagen Diesel Engines Are Affected?
A. Volkswagen diesel engines with an EA189 engine.
Q 3: What Volkswagen Models are affected?
A. This answer is based on the information we have to date but it appears that the following Volkswagen models are caught up in the scandal:Generally they tend to be 1.2 Ltr, 1.6 Ltr and 2.0 Ltr vehicles sold between 2009 and 2016. The first two diesel engines will require a software upgrade whilst the 2.0 Ltr vehicles may also require new injectors to be fitted.
VW Jettasold between 2008 and 2015
VW Beetlesold between2008 and 2015
For further reading please visit theautoexpress vw emissions scandalwebsite.
Q 4: I have received an Volkswagen Recall Letter, What Do I Do Now?
A. Follow the advice in the letter. The advice Volkswagen offer is that there are no safety issues. On current information the recall of your Volkswagen will take place in the early part of 2016 and the whole process could be completed in 2017. There are 1.2 m diesel vehicles in the VW Group that are affected.
Q 5: I don’t have an Volkswagen Recall Letter, What Do I Do?
A. Not all vehicles are affected. You may get the recall letter shortly. If you wish to check if your Volkswagen has got an EA189 engine you can do this yourself by obtaining the VIN number (see Question 6 below).
Q 6: How do I find My Volkswagen VIN Number?
A: The VIN number checker on your Volkswagen can be found in the following places on your Volkswagen vehicle:-
• Service book•
Windscreen – bottom corner – passenger side
• Your Volkswagen in car system
The VIN number is 17 digits long. Once you have found your VIN number click on the Volkswagen VIN Checker website to see if your Volkswagen is affected: VW VIN Checker Website
Q 7: Volkswagen Diesel Compensation – What Can I Claim?
A: It is early days but the following may be possible:
• Compensation for any depreciation of the vehicle as a result of the cheat software being fitted.
• Increased fuel costs
• Increased car tax/Company Car Tax costs
• Out of pocket expenses and losses as a result of the Volkswagen Emissions Scandal
• Refund of any company car tax allowance that may be affected by the emission testing
• Damages breach of contract
• Damages under the Misrepresentation Act 1967
Please bear in mind each item above may or may not be claimed depending upon what evidence is produced by Volkswagen in the coming months.
Q 8: Volkswagen Compensation Register – What is this?
A: Due to the Volkswagen Emissions Scandal, it is likely that in addition to the diesel engine being recalled and adjusted, compensation may be possible set out above. As there is likely to be over a million VW & Volkswagen Customers affected, if each customer took their case to court, it will clog up the entire Legal System.
Thus in consumer law cases where the numbers affected are voluminous, it is likely that, unless Volkswagen agree to settle compensation claims fairly, “test cases” may be brought to represent all Volkswagen customers affected. The bulk of the remaining Volkswagen cases will be on a Group Litigation Register so when the action has been finally determined, all Volkswagen customers on the Group Litigation Register will have their case compensated by what has been agreed in court.
Q 8: Volkswagen Compensation Register – What is this?
A: Due to the Volkswagen Emissions Scandal, it is likely that in addition to the diesel engine being recalled and adjusted, compensation may be possible set out above. As there is likely to be over a million VW & Volkswagen Customers affected, if each customer took their case to court, it will clog up the entire Legal System. Thus in consumer law cases where the numbers affected are voluminous, it is likely that, unless Volkswagen agree to settle compensation claims fairly, “test cases” may be brought to represent all Volkswagen customers affected. The bulk of the remaining Volkswagen cases will be on a Group Litigation Register so when the action has been finally determined, all Volkswagen customers on the Group Litigation Register will have their case compensated by what has been agreed in court.
Q 9: Volkswagen Emissions Claims – Do You Offer “No Win, No Fee” Service?
A: Yes, we offer a No Win No Fee Solicitor service. If the Volkswagen Emissions Claims proceed to Court and a Group Litigation Register is required, it may also be necessary obtain insurance but this will be discussed at the appropriate time if necessary.Important DisclaimerYou should not rely upon this document for legal advice or guidance. Should you wish to take action for Compensation against Volkswagen you must obtain independent legal advice.
October 2015
