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Mercedes "DieselGate" class action suit

Discussion in 'Motors' started by Spunkey, May 21, 2020.

  1. Spunkey

    Capodecina

    Joined: Oct 18, 2002

    Posts: 14,127

    Location: The land of milk & beans

    It seems Mercedes are set for a DieselGate problem of their own:
    https://www.moneysavingexpert.com/news/2020/05/mercedes-owners-launch-group-action-legal-claim/

    Has anyone else heard about this? It seems I may be eligible, although they seem vague on if it's only the 'BlueTec'/'BlueEfficiency' models that are included. Is it even worth joining regardless? I've not been involved in any class suits before. Did anyone get anything from the VW one a few years ago?
     
  2. peterwalkley

    Mobster

    Joined: Feb 23, 2009

    Posts: 3,519

    Location: South Wirral

    From the MSE article:

    PGMBM says it's optimistic that it will be able to recover £10,000 or more per vehicle if the action is successful.

    But while there's no upfront fee to join the action, if it's successful PGMBM will take a cut of any compensation awarded to you, of up to 50% of the payout (including VAT).


    50% !!!! Nice work if you can get it. Although I guess if you'd owned a Merc that's relevant its free money to you if you join with minimal risk or outlay.
     
  3. Orionaut

    Sgarrista

    Joined: Aug 2, 2012

    Posts: 7,781

    What are people being compensated for? In what way did the owners lose out as a result of the cheat devices implementation?
     
  4. Diddums

    Capodecina

    Joined: Oct 24, 2012

    Posts: 19,428

    Location: London

    They didn't, it's just the typical bottom feeding ambulance chasing scum trying to make a quick buck and the chronically short-changed jumping on it like rats on a dead seagull.
     
  5. Semple

    Soldato

    Joined: Mar 5, 2010

    Posts: 6,427

    The VW case is still ongoing. I'd suspect VAG will drag it through the courts for many many years. The only real winners will be the lawyers.
     
  6. Orionaut

    Sgarrista

    Joined: Aug 2, 2012

    Posts: 7,781

    Naughty thought just popped into my head.

    Can a Civil jury, when assessing damages, impose a negative sum??

    EG, "We find that the victims, as a result of the implementation of the cheat device, suffered damages to the effect of that they were sold vehicles that had better performance, better reliability, and better fuel consumption than they would otherwise have had, had the cheat devices not been present".

    "Accordingly, we award -£10,000 each in compensation" (Presumably to be paid, by the claimants, to Mercedes, the relevant law firm also being required to chip in too)

    Probably not, but I would love to see the look on their faces should such a verdict be read out!

    :D
     
  7. BUDFORCE

    Wise Guy

    Joined: May 3, 2012

    Posts: 2,043

    I don't see why not
    I guess the only thing is if they win, and you do not become part of the solicitors scheme, you could probably later go against theklm yourself under the same claim and get 100%.

    But provided it's s legitimate firm I honestly don't see why not.
     
  8. jpaul

    Capodecina

    Joined: Mar 1, 2010

    Posts: 10,709

  9. Jez

    Caporegime

    Joined: Oct 18, 2002

    Posts: 32,246

    Not sure whether to join this despite having a vehicle from this time period. There is a lengthy legal agreement to read and fully comprehend, with lines which indicate that the claimant is liable if any works are undertaken outside the agreement. Surely this will drag on for years and ultimately be a pain once subscribed?
     
  10. Simon

    Capodecina

    Joined: Oct 21, 2002

    Posts: 23,025

    Location: Berks / Moscow

    What are people claiming for anyway. The result of any accusations could be lower VED. How did people lose out enough to get £10k?
     
  11. [TW]Fox

    Man of Honour

    Joined: Oct 17, 2002

    Posts: 155,570

    What losses did you incur?
     
  12. hurfdurf

    Sgarrista

    Joined: Dec 17, 2009

    Posts: 8,727

    I imagine buying a car that’s advertised as doing some mpg figure but it actually does another is actionable?
     
  13. Orionaut

    Sgarrista

    Joined: Aug 2, 2012

    Posts: 7,781

    What, you mean like they all do! :p

    in this case however. The MPG achieved might actually have been better than advertised, or otherwise expected. (Assuming official MPG and emissions testing is part of the same test)

    Would getting a better MPG than advertised count as an actionable loss?
     
  14. jpaul

    Capodecina

    Joined: Mar 1, 2010

    Posts: 10,709

    .. The mpg is not within the specified range if you meet the legal emission requirements.

    but, other than theoretical back door in their software afaik no evidence of people monitoring emissions in real life, or the adda-blue injection to confirm that they really used the back-door.
     
  15. Kenai

    Capodecina

    Joined: Apr 5, 2009

    Posts: 19,014

    As I understand it, this isn't the issue is it? Otherwise it wouldn't just be diesel cars from particular manufacturers, it would be everything - this is related to claims of engine maps being adjusted to run a 'cleaner' combustion (or additional emission control) during a test that isn't used on the road. All this will have done is reduced your tax bill for a few years, if anything.
     
  16. Orionaut

    Sgarrista

    Joined: Aug 2, 2012

    Posts: 7,781

    But the government didn't revise the tax situation after this came to light so the owners didn't lose anything.

    if anybody has lost anything by this it is Customs & Excise rather than the actual owners. They have actually benefited by it rather than lost. I cant really see a compensation case here since the owners have suffered no damages (That I can see)
     
  17. Kenai

    Capodecina

    Joined: Apr 5, 2009

    Posts: 19,014

    Yes, that was the point.
     
  18. [TW]Fox

    Man of Honour

    Joined: Oct 17, 2002

    Posts: 155,570

    This isn't what it's about.
     
  19. sanaxe1

    Soldato

    Joined: Nov 7, 2006

    Posts: 5,383

    Location: Nottingham

    I'm picking up a 2015 diesel B class on the 4th June. I will be putting a claim in, it's absolutely disgusting what they have done and the financial damage it has caused me can't even be put into words.
     
  20. edscdk

    Soldato

    Joined: Jul 17, 2008

    Posts: 6,908

    This is one instance the lawyers are welcome to the money, the import thing is vw get screwed for screwing the planet and the people