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RHA – Compensation alert for trucks over 6 tonnes

Published: 22/08/2017

RHA – Compensation alert for trucks over 6 tonnes

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As you may know, last July the European Commission fined five European truck manufacturers (Man, Volvo/Renault, Daimler, Iveco and DAF) almost £2.6 billion for price fixing. Shortly after, the Road Haulage Association (RHA), the UK's trade association dedicated to road haulage announced its intention to bring a group compensation claim before the Competition Appeal Tribunal. The compensation claim is open to road transport operators who purchased or leased trucks from 6 tonnes upwards, from January 1997 onwards.

The RHA has put in place third-party funding and insurance to ensure that the case can be brought (a) without cost the RHA or truck purchasers signing up to the claim, and (b) without risk of needing to pay the truck manufacturer's costs in the event on an unsuccessful outcome. In return for the funding the case, the funder will seek a percentage cut of any damages awarded. Given the scope of the RHA's group claim, they have been able to negotiate very favourable terms with the funder. 

Assuming the large number of anticipated operators go on to join this group claim and the level of damages is in line with current thinking, truck purchasers will retain 91% or more of the damages owed to them. This means for example, with awarded damages of £6,000 per truck, you would obtain £5,640 or more per truck. Should the case settle early, there is a further discount on the percentage return to the funder. These figures are illustrative and the ultimate level of return to operators will depend on what compensation is awarded across the group.

The RHA does not intend to profit from acting as representative so that maximum levels of compensation should be returned to those affected by the cartel.

The claim is open to any company, firm, or person who purchased or leased a truck from 1997 onwards. The RHA says:

“Broadly speaking, you are entitled to claim for the difference between what you paid for your trucks and what you would have paid if the cartel had not existed. 

As the trade body dedicated to the road transport industry, the RHA believes that it is incumbent on it to lead the legal action against the truck manufacturers. You do not need to be a member of the RHA to join the RHA’s group claim.” 

click here to join the action - https://www.truckcartellegalaction.com/

 

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