VW Group Claim Update - 2 June 2020

Dear All,

we hope you are keeping safe and well during these unprecedented times. As we continue to work remotely, we would like to assure you that the team are still here from 9:00am to 6:00pm Monday to Friday to help with any queries you may have.

You can call the team on 020 8057 7480 and they will be happy to help you.

Feel Free to Spread the Word!

We are aiming to reach as many people as possible who may be eligible to bring a claim against the VW Group (including those who had eligible Audi, Seat and Skoda cars). The bigger the claimant group, the larger the pot of damages is likely to be if the group claim is successful.

Feel free to mention the claim to anyone you know who has or had a VW, Audi, Seat or Skoda and to share this link with them: https://vw.kellerlenkner.co.uk/. If they purchased or leased the vehicle between June 2008 and December 2015 they may have a claim, so it is worth them completing our short online questionnaire to find out.

What has been happening in the existing English High Court proceedings?

You may remember that, in the existing High Court proceedings against the VW Group, the Managing Judge agreed that the software function in the relevant engines was a “defeat device” (which had been installed with the intention of cheating the emissions testing regime). This was an important decision for the case going forward, with the High Court confirming that the VW Group did install “defeat devices” in the affected vehicles.

In a further decision in May, the Managing Judge rejected the VW Group’s request for permission to appeal this decision and ordered the VW Group to make a multi-million pound payment to the Claimants in respect of their costs of dealing with the issue. Having been refused permission to appeal by the Managing Judge, VW subsequently started an application for permission to appeal to the Court of Appeal (which was expected – parties to court proceedings are entitled to make a second request for permission to appeal to the Court of Appeal). Given the strength of the comments made by the Managing Judge when dismissing the application made to him, we consider it unlikely that the Court of Appeal would grant permission.

What has been happening in Germany?

VW and the German consumer group, VZBV, agreed, earlier in the year, an out-of-court settlement of the main German consumer class action in which VW will pay €830 million (£698 million) to the approximately 260,000 consumers in Germany who joined that class action, who will receive between €1,350 to €6,257 (£1,140 to £5,300) each.

In addition to the VZBV claim, there are approximately 60,000 further claims pending in the German courts which did not form part of the VZBV consumer action. In a test case brought by Mr Herbert against VW, the highest German court recently confirmed the prior decision of the regional court that Mr Herbert had suffered pre-meditated damage (with the judge commenting that VW’s conduct “qualified as immoral” given that “someone had been deliberately harmed”), which entitled him to return his Sharan to VW for a reimbursement of his purchase price, minus a discount for the mileage that he had already benefited from (an award of 25,600 Euros in respect of a purchase he made in 2014 for 31, 500 Euros). The decision (which was made under German law, which is different to the law applicable in England and Wales) allows consumers in Germany to return their vehicles to VW for a partial refund of their purchase price.

Emails from Milberg Limited and SPG Law

It has recently come to our attention that some of our clients may have received emails from Milberg Limited and/or SPG Law (now known as PGMBM) which suggest that their “claim” had been transferred from SPG Law/PGMBM to Milberg Limited. Please be aware that, if you have received an email like this, or similar, from either Milberg Limited or SPG Law/ PGMBM, then it is likely to have been sent to you in error (Milberg Limited and/or SPG Law/PGMBM may have obtained your details if you gave your contact information to them in the past) unless you have formally signed up with them and provided them with your express consent to bring a claim on your behalf.

If you have received an email from Milberg Limited or SPG Law/PGMBM, then please could you contact a member of our team by phone or email as it is important that you tell Milberg Limited not to issue another claim on your behalf for the same vehicle (as the Court will not let any client proceed with two claims for the same vehicle) – our team can let you have a standard form email which you can send to Milberg Limited to confirm that you do not want them to issue another claim on your behalf, or you can contact them directly to do this (we would suggest that you keep a copy of the email that you send to them and also provide a copy of this to us).

Sign-Up With Us!

If you wish to join our claim, you can continue on to our claim information questionnaire at https://vw.kellerlenkner.co.uk/. In a few short questions, you will be able to find out whether you are eligible for our no win, no fee claim.

We don’t yet know what procedural time limits the Court will impose, so we advise that you finish the process as soon as you can. With civil claims like this the legal time limit to bring a claim can pass and you can lose the right to bring a claim, so it is best that you act quickly so that you don’t miss out.

Feel free to contact the Client Services Team if you have any questions along the way. As a reminder, the number to call is 02080577480 or email us on client.service@kellerlenkner.co.uk.

We look forward to working with you on this case.

Kind regards,

The Keller Lenkner UK Limited team.