GTR-N1 Posted November 28, 2015 Share Posted November 28, 2015 Maurice Blackburn thought they'd be leading the Class Action against VW and its falsified diesel emissions testing through deviant software. But three weeks ago, Bannister Law got the jump on M-B and lodged their claim as the primary claim for all plaintiffs. Bannister Law where possible, will claim a full refund on the purchase price of the vehicle by the respective owner/s and at the very least, the depreciation amount, now that the affected cars carry the stigma of 'leprosy'. Bannister Law expects that VW will argue for a simple replacement of software/firmware. Bannister Law expects other law firms to become pro-counsel. Bannister Law will argue points like... * Automotive Engineers' proof that affected engines may have already suffered damage * Owners didn't get what they were paying for (as a purchase) Just reporting... Yours Truly 3 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/ Share on other sites More sharing options...
Kinks Posted November 28, 2015 Share Posted November 28, 2015 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645094 Share on other sites More sharing options...
junkie Posted November 28, 2015 Share Posted November 28, 2015 Cash grab for the owners, publicity for the law firm. Doubt they will get very far, maybe some Bunnings gift cards 1 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645131 Share on other sites More sharing options...
PranK Posted November 28, 2015 Share Posted November 28, 2015 So bummed mines an 07... No bunnings gift card for me... 1 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645193 Share on other sites More sharing options...
PranK Posted November 28, 2015 Share Posted November 28, 2015 Now for the seriousness; why do owners feel ripped off? The car is performing the way it did when they bought it. It's a different story for the government... The cars are generating too much waste and there are broken rules etc etc, but why are the owners unhappy ? (Despite it now being shit hard to sell a diesel vw now..) Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645194 Share on other sites More sharing options...
Trex Posted November 28, 2015 Share Posted November 28, 2015 Cash grab for the owners, publicity for the law firm. Doubt they will get very far, maybe some Bunnings gift cardsExactly what I was thinking. Knowing someone in this position where all it is is a money grab for them, and it was second hand!But. They lied. So take them to the cleaners. Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645195 Share on other sites More sharing options...
Tommy Kaira RL Posted November 28, 2015 Share Posted November 28, 2015 The Amarok that I drive comes under the recall. Cant wait to see what happens. Allready had emails from bannister law. The car was given to me as a tool of trade. I have had it from day 1 but I dont own it. I think I should still be compensated for the fowl smelling diesel that comes out the back. Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645265 Share on other sites More sharing options...
Hadouken Posted November 28, 2015 Share Posted November 28, 2015 What do you mean Bunnings gift card? I've gotten nothing. I like my dirty diesel. Performs great. Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645273 Share on other sites More sharing options...
zoomzoom Posted November 28, 2015 Share Posted November 28, 2015 Has anyone released full details of what VW did? I know there was a second tuning map. Would it be much different to most retuned vehicles in the modified car world running a lean economy tune? (which results in higher NOx emmisions) Why isn't there this much fuss when dealing with mechanical faults on vehicles that negatively impact safety and cost the owner more? Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645341 Share on other sites More sharing options...
Hadouken Posted November 28, 2015 Share Posted November 28, 2015 Because this was done deliberately Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645373 Share on other sites More sharing options...
RB25PWR Posted November 29, 2015 Share Posted November 29, 2015 Now for the seriousness; why do owners feel ripped off? The car is performing the way it did when they bought it. It's a different story for the government... The cars are generating too much waste and there are broken rules etc etc, but why are the owners unhappy ? (Despite it now being shit hard to sell a diesel vw now..) Because the owner can feel bad as they've contributed to the excess waste. At the end of the day they've bought the car that's supposed to be within regulations and it wasn't. The argument cannot be made that "This doesn't bother you" when put simply, how do you know that? Just because they didn't buy a Prius doesn't mean they don't care about the Environment. 1 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645461 Share on other sites More sharing options...
Trex Posted November 29, 2015 Share Posted November 29, 2015 Bottom line is, they lied. Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645463 Share on other sites More sharing options...
Daleo Posted November 29, 2015 Share Posted November 29, 2015 Meh, I'm sick of people suing because of hurt feelings. If the car actually hurt you, or the emissions actually made you sick, and you can prove it; go for it.If you've lost resale, and it's quantifiable; go for it.But if it's because your feelings are hurt because some polar bears have smaller icebergs, and you can't sleep because you're up all night worrying; you probably need to have a reality check, and realise that you're actually a moneygrubbing sook. People see an opportunity to manufacture a sense of offense for profit, and they can't wait to be a part of it.If however; you're going to give any monies paid to you to a conservation foundation or renewable energy fund to mitigate your melted polar bear habitiat stomach ulcer; go for it. 3 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645482 Share on other sites More sharing options...
GTofuS-T Posted November 29, 2015 Share Posted November 29, 2015 http://theconversation.com/australias-weaker-emissions-standards-allow-car-makers-to-dump-polluting-cars-48172 This "kind of" answers my question, but uses very vague reporter speak like "may" and "allegedly" But it does cover the point that Australian emission standards are far behind the US and EU, and hence wondering if the VW diesel vehicles are actually above our standards. So i very much doubt this will go anywhere, unless VW couldn't be bothered fighting and settle out of court for aformentioned Bunnings figt cards. Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645495 Share on other sites More sharing options...
Leroy Peterson Posted November 29, 2015 Share Posted November 29, 2015 just checked car sales... doesnt look like prices have altered much. ill check back in 6 months when the same cars are still for sale... Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645525 Share on other sites More sharing options...
blind_elk Posted November 29, 2015 Share Posted November 29, 2015 Has anyone released full details of what VW did? I know there was a second tuning map. Would it be much different to most retuned vehicles in the modified car world running a lean economy tune? (which results in higher NOx emmisions) Why isn't there this much fuss when dealing with mechanical faults on vehicles that negatively impact safety and cost the owner more? My understanding is that the ECU had some logic built in that could work out that the car was undergoing an emissions test, and would switch over to the lean map and pass the test, and deliver exceptional fuel economy figures. The problem is that you can't have emissions / economy AND performance. People presumably bought the vehicle based on the results of the emissions test, but once out in the real world, while performance was shit hot, economy in no way lived up to the expectations of the emissions test. Clearly VW did not deliver what was promised. The shit fuel economy can clearly be quantified in $$$ terms. In relation to fuss about negative safety aspects, have a google for a chap named Ralph Nader who took on GM (I think) in a case referred to as "unsafe at any speed". Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645559 Share on other sites More sharing options...
r32-25t Posted November 29, 2015 Share Posted November 29, 2015 Is anyone actually stupid enough to believe that the Volkswagen group are the only ones that are doing it 4 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645563 Share on other sites More sharing options...
Daleo Posted November 29, 2015 Share Posted November 29, 2015 My understanding is that the ECU had some logic built in that could work out that the car was undergoing an emissions test, and would switch over to the lean map and pass the test, and deliver exceptional fuel economy figures. The problem is that you can't have emissions / economy AND performance. People presumably bought the vehicle based on the results of the emissions test, but once out in the real world, while performance was shit hot, economy in no way lived up to the expectations of the emissions test. Clearly VW did not deliver what was promised. The shit fuel economy can clearly be quantified in $$$ terms. In relation to fuss about negative safety aspects, have a google for a chap named Ralph Nader who took on GM (I think) in a case referred to as "unsafe at any speed". The thing here is; I think we're confusing "fuel economy" and "emissions" Very few people I would surmise go out looking for the car with the lowest emissions, but I'm confident that most would definitely be looking at fuel economy. The issue with VW was not one of fuel economy; as this is EASILY verifiable in a manifold number of ways by the end user. The issue with VW was that they claimed a certain CO value in the emissions test. CO value could easily be elevated, yet not have any effect on fuel economy, nor be noticeable to the end user, as you have no way of measuring the CO value. This is further evidenced by the fact that it was a an ongoing and repeated breach; because until a bunch of Uni Graduates actually TESTED the vehicle, no one had noticed that the car behaved differently whilst being tested to when it was used in "real world" conditions. People aren't claiming that the car used excessive amounts of fuel, because it wasn't. They are claiming because VW broke the law; that they should be financially compensated. The only thing that changed is the effect on the environment; and it would be an unbelievably long bow to draw if you were claiming that therefore you were directly affected by that change to the environment. These people will join a class action because they care about getting free money, not because they are worried about the effects on the environment. And if they are truly concerned for the environment, all money recovered should be applied directly to offsetting the damage to the environment; not given to the owners of the cars. 2 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645571 Share on other sites More sharing options...
warps Posted November 29, 2015 Share Posted November 29, 2015 Exactly, Daleo Nobody buys a car based on emissions output. Anyone who claims it's the sole (or major) reason they bought a VW are lying, and grubby opportunists. If these people cared that much about their car's emissions, they would be driving electric cars, fed by their solar array on the roof. Yes, VW have a case to answer to, but it isn't the compensation of millions of wronged customers. 1 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645584 Share on other sites More sharing options...
Daleo Posted November 29, 2015 Share Posted November 29, 2015 http://theconversation.com/australias-weaker-emissions-standards-allow-car-makers-to-dump-polluting-cars-48172 This "kind of" answers my question, but uses very vague reporter speak like "may" and "allegedly" But it does cover the point that Australian emission standards are far behind the US and EU, and hence wondering if the VW diesel vehicles are actually above our standards. So i very much doubt this will go anywhere, unless VW couldn't be bothered fighting and settle out of court for aformentioned Bunnings figt cards. I would say there will be some financial compensation paid in the US, where the cars emissions were non-compliant, but as you rightly say; our emissions are not as stringent, so the cars were unlikely to be non compliant. In any case, I'd expect it to be much like the Dow Corning class-action regarding faulty Breast Implants; Affected parties in the US received massive settlements, but Women in the same position in Australia were give peanuts in comparison. Successfully turns discussion about diesels into conversation about perky bewbs. 1 Link to comment https://www.sau.com.au/forums/topic/461327-class-action-against-v-w-has-begun/#findComment-7645587 Share on other sites More sharing options...
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