Claiming CPUT damages in emissions compensation cases

Some claimants pursuing emissions legal cases could be eligible to receive up to 100% of the purchase price of their vehicle by claiming CPUT damages.

This is based on key legislation that could apply in some claims, and it could mean that some claimants may be eligible to receive tens of thousands of pounds in damages. This is based on if the legislation can apply to the case, and if serious wrongdoing is established in a legal action.

Read on to find out more about how you could be eligible to receive substantial damages as a victim of an emissions scandal if allegations are proven to be true.

What are CPUT damages?

One of the ways in which someone could be eligible to receive substantial compensation as a victim of one of the emissions scandals is by claiming CPUT damages.

CPUT stands for Consumer Protection from Unfair Trading Regulations, and it is an important piece of legislation that is designed to protect people – like you and I – from an unfair deal. It can also act as an important deterrent to stop companies from breaking the law or bending the rules in order to “dupe” or “cheat” people.

The key relevance of these regulations for us as Car Emissions Lawyers is about applying it to the cases we are pursuing. If a court finds that there has been a breach of CPUT in a case, it could allow a claimant to recover up to 100% of the purchase price of the vehicle affected. What CPUT means is that a percentage of a purchase price could be issued as compensation, and the factors that are considered in the legislation are:

• The seriousness of the prohibited practice.
• The behaviour of the person who engaged in the practice.
• The impact of the practice on the consumer.
• The time that has elapsed since the prohibited practice took place.

Then, with reference to a percentage used as compensation, CPUT states that:

• if the prohibited practice is more than minor, it is 25%.
• if the prohibited practice is significant, it is 50%.
• if the prohibited practice is serious, it is 75%.
• if the prohibited practice is very serious, it is 100%.

In our view, if a carmaker has intentionally cheated and broken the law to dupe people into buying vehicles that were breaking emissions laws, we are content that a court could deem that as a prohibited practice that is very serious. As such, if such a finding is made, that is why some claimants could be eligible to receive up to 100% of the purchase price of their vehicle if allegations are founded.

Of course, carmakers continue to strongly deny that they have done anything wrong. We will leave no stone unturned in our efforts to uncover the truth.

Eligibility for claiming CPUT damages

A person’s eligibility for claiming CPUT damages can be based on a number of things, and we will need to properly assess your case when you sign up for a claim with us for us to be able to know for sure.

Generally speaking, you could be eligible for claiming CPUT damages if you purchased an affected vehicle from an approved dealership after 1st October 2014 or bought a vehicle prior to this date but made any form of payment after 1st October 2014 (such as a finance payment).

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