More than a million Vauxhall drivers could be due compensation because we believe Vauxhall installed special software (known as a ‘defeat device’) in certain diesel vehicles to cheat emissions tests. If we are right, Vauxhall owners were mis-sold cars that are more polluting than the law allows and worth less than the cost they paid.
Drivers were sold a combination of environmental impact and driving performance that was a fiction. Unable to meet international emissions standards, these cars should never have been allowed on the road.
Vauxhall is the latest company that is accused of using ‘defeat devices’ similar to the ones used by Volkswagen in the ‘dieselgate’ scandal. If you’ve been affected, we believe you deserve compensation.
If you purchased, financed or leased a diesel Vauxhall (new or used) between 2009 and 2019, you may be eligible for thousands of pounds in compensation. Please enter your details on the form above and we will instantly confirm if you may be eligible.
If you are eligible, our legal action against Vauxhall costs nothing to take part in, and is currently the only legal route for drivers who were affected. Anyone who is affected could be due thousands of pounds in compensation.
We believe that Vauxhall installed ‘defeat devices’ in certain diesel cars designed to reduce emissions levels in a regulatory environmental test environment. The practical effect of a defeat device is that it can detect when it is in a test environment (because the tests have standard conditions which the defeat device is designed to identify) and tell the engine to reduce the pollutions it is producing in order to pass that test. In doing so, the performance of the car is also reduced.
When the car is in normal driving conditions (i.e., most if not all of the time), it maintains optimal performance, and as a result the vehicle pumps out unlawful levels of NOx and other pollutants without the driver realising. Without passing these tests, the cars would not have been cleared to drive on UK roads and they do not meet the environmental and performance standards promised in the glove compartment handbook.
The cheat software Vauxhall is alleged to have used is similar to the ‘defeat’ code deployed by Volkswagen in the ‘dieselgate’ scandal. Volkswagen has since paid out hundreds of millions of pounds in settlements in the US, Germany and Australia. Legal action in the UK is ongoing.
The premise of a Group Litigation Order is simple. If you are an affected driver and choose to sign up for the campaign, you will pay absolutely nothing, even in the event of a loss at court.
You and the other claimants will be represented by Milberg London LLP, a global law firm that has vast experience in handling similar claims.
If the legal claim is successful, the agreement you sign will mean that you benefit from both the final damages and a share of the legal costs paid out by Vauxhall.
We believe Vauxhall installed defeat devices in certain diesel cars that were designed to reduce emissions levels in a regulatory test environment. Without passing these tests, the cars would not have been cleared to drive on UK roads. Put simply, we believe Vauxhall cheated the emissions tests. The software appears to have identified when the engine was operating under regulatory test conditions and reduced the levels of pollutants being pumped out so it passed the test. But this kind of environmental performance could never be replicated under ‘real life’ driving conditions. The defeat device Vauxhall created is different in its details to what Volkswagen used in the ‘dieselgate’ scandal but the effect (and we say, clearly the intention) was broadly the same.
A defeat device is any element of design, software or hardware in a car which detects different vehicle conditions (e.g. temperature, vehicle speed, engine speed etc) and adjusts or disables the car’s emission control system. In the case of Vauxhall (and VW and Mercedes) the manufacturers appear to have written software into the computer unit that controls the engine.
The practical effect of a defeat device is that it can detect when it is in a test environment (because the tests have standard conditions which the defeat device can be designed to identify) and tell the engine it needs to reduce the emissions it is producing in order to pass that test.
By contrast, when the car is outside of a test environment (i.e., most if not all of the time), it recognises that and the vehicle pumps out unlawful levels of NOx and other pollutants without the driver realising.
The reason for using a defeat device appears to have been that the engines in question could not meet the emissions test and produce an acceptable consumer driving experience.
Assuming the claim succeeds, drivers that purchased, financed or leased a new or used diesel Vauxhall between 2009 and 2019 did so on a false premise and may be able to receive compensation.
These consumers had a reasonable expectation their car would meet certain environmental and performance standards. That’s what they were promised in the glove compartment handbook.
The reality was that the cars were far more polluting than drivers were told. They pumped more harmful substances like NOx into the atmosphere, which are known to cause thousands of premature deaths a year in the UK – academic research has also established that long-term exposure to air pollution increases the risk of serious infection and death from COVID 19. Unable to meet international emissions standards, these cars should never have been on the road.
The cars would also be worth less than the drivers paid for them (because Vauxhall did not deliver an environmentally compliant car which also met performance expectations) and are worth even less today in the second-hand car market. Drivers were sold a combination of environmental impact and driving performance that was a fiction – it could never happen under normal conditions and Vauxhall knew that.
Put simply, Vauxhall did not provide the car drivers paid for.
We estimate that over one million UK drivers have purchased or leased a new or second-hand Vauxhall during the period when we say Vauxhall was cheating the tests. Each of these motorists could be eligible to claim compensation.
We urge drivers to check whether they could be in line for compensation by entering their registration number at www.vauxhallpayup.co.uk.
Drivers who bought a second-hand car from a registered Vauxhall dealership may be eligible for compensation too. If in doubt, check it out on our website. Their losses may be lower than motorists who paid more for a new car.
This will depend on a range of factors including how much drivers paid for their car and how much harm the Court determines Vauxhall caused by its behaviour. Under consumer protection law motorists could recover between 25% and 75% of the price of their vehicle depending on the severity of the misleading or aggressive practice or the difference between the market price of the product at the time of sale, and the price paid. This could be many thousands of pounds, even for second-hand owners.
Vauxhall Pay Up intends to bring this claim via a Group Litigation Order (or ‘GLO’). A GLO is a procedural mechanism that allows lots of claims with "common or related issues" of fact and/or law to be managed together as one case. Whilst parties can apply for a GLO to be made, it is up to the Court whether that is the most appropriate way to manage the claim.
The current VW litigation going through the Courts is proceeding under a GLO and Milberg London think it should be used for the Vauxhall claim as well.
Milberg London are representing their clients through a Damages Based Agreement (‘DBA’). A DBA means all of Milberg London’s fees depend on the success of the case and the level of those fees is determined as a percentage of the compensation recovered. It also provides that a steering committee of representative claimants have authority to instruct the lawyers on behalf of the group. This is because it would be impossible for Milberg London to take instructions from everyone individually.
The lawyers only get paid if there is a win at the end of the case. If the claim is successful, the lawyers are paid from the compensation recovered from Vauxhall. If the case is unsuccessful, the customers pay nothing.
Any costs that need to be paid up-front or along the way (e.g. barristers, Court fees and experts) are covered by either Milberg London on a self-funding basis or by a litigation funder. The litigation funder is paid back at the end of the case out of the lawyers’ share of the compensation – not the consumer’s (see below).
The lawyers are Milberg London, part of an international group of firms with significant experience of consumer and group litigation.
At this stage, Milberg London are self-funding the claim with the support of their affiliates in the US. As and when needed, a litigation funder will be brought in to support the claim.