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Diesel scandal - the consequences

Ripper83

Passed Driver's Ed
Location
Norwich
My question is two fold as I own a TDI, if proven that in the UK and the value of certain models is significantly degraded as a result could VW be forced to buy back cars at the price they sold them for?

And do we think this scandal will ultimately shift momentum back to petrols in Europe when it's realised more stringent testing is needed and they they starting taxing diesel cars to the sky
 

davc5

New member
Location
United Kingdom
re buy back our diesel cars

My question is two fold as I own a TDI, if proven that in the UK and the value of certain models is significantly degraded as a result could VW be forced to buy back cars at the price they sold them for?

And do we think this scandal will ultimately shift momentum back to petrols in Europe when it's realised more stringent testing is needed and they they starting taxing diesel cars to the sky
surely vw must buy back our cars as we have been miss sold them to us under the trade description act.willing to exchange my gtd for a gti.
 

rapport25

Go Kart Champion
Location
Midlands
Mk 7 GTD is N/A as its a euro 6 188 ps.

From what I have been reading :eek::eek:2008-2013 models only. 2.0 tdi's 110, 140 & 170 ps euro 5 only.

Hth's

Rappy:cool:
 

TooManyHobbies

Ready to race!
Location
Roanoke TX
you we'rent miss-sold anything. The cars did achieve the gas mileage they were advertising. The pollution isn't something you can measure. Don't expect them to buy back the cars, but rather issue a recall to retune them. Obviously- you shouldnt, if you value your MPGs.

A more realistic hope is that it drives down demand for the TDI models left on the lots, and you can get a steeper discount / financing incentives / etc.
 

Chris43

Go Kart Champion
Location
Bury, Lancs
Mk 7 GTD is N/A as its a euro 6 188 ps.

From what I have been reading :eek::eek:2008-2013 models only. 2.0 tdi's 110, 140 & 170 ps euro 5 only.

Hth's

Rappy:cool:
It maybe the MK7 1.6TDI but as you say all MK7 2.0TDI will not be affected.
 

pcr

Ready to race!
Location
Shropshire
I have a petrol so not affected yet but that doesn't make me feel any better about VW.
This is how it works for me, I am looking for a car for a family member, I just crossed VW off the list.
 

Chris43

Go Kart Champion
Location
Bury, Lancs
Its important to understand whether VW have broken any EU laws before getting excited about buy backs, trade ins etc. The emission targets are different in the US than they are in the EU.

I don't know if VW have broken any laws in the EU but if you EU TDI meets the EU spec for emissions then VW haven't miss sold the EU anything.
 

blower

Ready to race!
Location
UK
Understanding consumer law pretty well....

If it is found that the cars produce considerably more NOX emissions here in the UK than the imposed limits, you could easily argue the product was mis-described as it was advertised as being green, also since it would be in breach of the regulations for NOX emissions, it therefore would not be fit for purpose along with being mis-described again by the implied emission levels supposedly being under the regulation limit. A simple argument that you bought the vehicle for its green credentials and the fact it should never produce more than X amount of NOX due to it having to comply to the regulations, would hold a lot weight.

In addition to the above, if they bring your vehicle in for a software update - it would almost be certain this update would affect MPG and/or performance - and the vehicle again would no longer be as described and not performing to what it was advertised to have been.

However returning the vehicle for a full refund would prove difficult if the car was over a year old - the argument of what was a reasonable amount of time would come into effect, and your use during this time would be considered.

What you would be entitled to though is damages in any depreciation of your vehicle due to it now not performing (emissions wise) as well as it should have. VW may be forced to pay all customers an amount reflecting depreciation losses in any class action law suit that will probably follow this scandal (should it be proven they have cheated the UK emissions tests)
 

vwman

Go Kart Champion
Location
UK
I think its a case of wait and see until the whole story unfolds.

The German Transport Minister has reportedly said that ' VW manipulated diesel emission tests in Europe '
 

undertherug

Ready to race!
Location
United States
I look at the scandal this way: VW made a car that knows how to behave when it's being tested, and when done it can let its hair down....automatically. Pretty awesome!
 

Chris43

Go Kart Champion
Location
Bury, Lancs
Understanding consumer law pretty well....

If it is found that the cars produce considerably more NOX emissions here in the UK than the imposed limits, you could easily argue the product was mis-described as it was advertised as being green, also since it would be in breach of the regulations for NOX emissions, it therefore would not be fit for purpose along with being mis-described again by the implied emission levels supposedly being under the regulation limit. A simple argument that you bought the vehicle for its green credentials and the fact it should never produce more than X amount of NOX due to it having to comply to the regulations, would hold a lot weight.

In addition to the above, if they bring your vehicle in for a software update - it would almost be certain this update would affect MPG and/or performance - and the vehicle again would no longer be as described and not performing to what it was advertised to have been.

However returning the vehicle for a full refund would prove difficult if the car was over a year old - the argument of what was a reasonable amount of time would come into effect, and your use during this time would be considered.

What you would be entitled to though is damages in any depreciation of your vehicle due to it now not performing (emissions wise) as well as it should have. VW may be forced to pay all customers an amount reflecting depreciation losses in any class action law suit that will probably follow this scandal (should it be proven they have cheated the UK emissions tests)
You've kind of hit the nail on the head. In my GTD brochure it does not mention anything about NOx emissions. It does mention CO2 emission so the only claim the consumer would have is if the car failed on CO2 emission. The car failing to meet the environment agencies prescribed limit NOx is another matter entirely. If the environment agency force VW to modify the consumers car in order to meet the limits and the cars performance is effected then yes some recompense would be justified.
 

dickt

Ready to race!
Location
Earth
Under UK consumer law, if the car is c 12 months old or more, my lawyer friend says that the owner/consumer has no case................unless the EU change the laws.

And given the power that VW et al have with the EU and German Govt., pigs will fly before the law gets changed. End of.
 
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