The engines 1.2 PureTech1.2 PureTech engines, found in Peugeot, Citroën, Opel, DS and Jeep (Stellantis Group) vehicles, have caused a great deal of concern among owners due to problems with premature wear of the timing beltwhich has led to serious and costly serious and costly breakdowns.. Faced with the passivity of some manufacturers in assuming responsibility outside the warranty period, a solid legal avenue has emerged: the class action lawsuit.
The purpose of this guide is to explain in a clear, orderly and legally sound manner how the collective claim process works. how the class action lawsuit process worksWhat is needed to participate, how much it costs and what results an affected party can obtain.
The collective claim has obvious advantages over an individual claim, as it allows to unify legal efforts, reduce procedural costs and increase pressure on the manufacturer.It allows to unify legal efforts, reduce procedural costs and increase pressure on the manufacturer. PureTech Legal, in collaboration with affected associations, is leading this collective legal action to defend the rights of injured owners.
Table of Contents
Step 1: Check if You Can Claim
Who can claim and who cannot?
The collective claim is open to all individuals who:
- Sean o hayan sido propietarios de un vehículo con motor 1.2 PureTech (gasolina) afectado. Personas físicas, autónomos o empresas. Todo propietario actual o pasado tiene derecho a reclamar.
- Whether or not they have suffered breakdowns related to the engine defect (premature wear of the timing belt or excessive oil consumption).
- They have supporting documentation (see step 2).
Who is excluded?
- Vehicles more than 10 years old that have not initiated a legal claim in Spain.
More information about this step
Step 2: Gather the Necessary Documentation
In order to join the claim, the affected party must provide a series of documents to build the legal file:
Essential documents:
- Document that proves to be or to have been the owner of the vehicle: vehicle registration certificate, proof of transfer of the vehicle, purchase or sale invoice, financing contract, proof of payment of road tax or acceptance of inheritance).
- Proof of identity:
- If you are an individual: A copy of your ID card (the name must match the name of the vehicle owner)
- If you represent a minor with a disability: A copy of his/her ID card, a copy of your ID card and a copy of the family book.
- If you are self-employed: a copy of your ID card (must match the name of the car owner)
- If you are a representative of a company: A copy of the CIF, the DNI of the administrator or attorney-in-fact, the power of attorney deed.
Optional documents:
- In case you have suffered breakdowns that you want to claim, and that are related to the engine failure (belt replacement, engine breakage, excessive oil consumption, oil pump failure, etc). You must provide scanned official invoices of all sheets on both sides.
- In case of having them, proof of periodic maintenance (invoices of oil and filter changes, revisions or the maintenance book covered and sealed), especially those of the last 3 years.
❗ It is interesting in order to improve the amount of compensation to be able to prove that the maintenance was carried out in accordance with the manufacturer’s instructions.
What if I don’t have all the supporting documents?
You only need two mandatory items: a proof of ownership of the vehicle (the vehicle registration certificate, which is in the glove compartment of the car) and a proof of identity (the owner’s ID card).
In the event that you have sold the car, in some cases copies of the car’s documentation can be requested from the DGT free of charge. In many cases you will also be able to download a copy of the registration tax from the Inland Revenue website.
Tools for scanning and sending documentation
It is recommended to scan all documents with applications such as:
- Adobe Scan
- CamScanner
- Microsoft Lens
More information about this step
Step 3: Sign the Order Form and Join the Claim
The engagement form is the document that formalizes the formalizes the relationship between the affected party and the law firm.. Signing it does not imply any payment in advance, but it does:
Commitments and legal rights:
- Assign legal representation to the law firm to act on behalf of the client.
- Accept the terms of the claim, including success fees.
- The right to be periodically informed of the status of the case.
Frequently asked questions about this step:
- Can I abandon the process after signing? → Yes, but there may be a penalty if we have already started the formalities with Stellantis.
- What happens if I win the case? → The law firm retains the agreed percentage of the amount recovered.
More information about this step
Step 4: Judicial Process
Step N° 1: SUBMISSION OF A SIMPLE COMPLAINT
We will file a simple individual complaint with the Public Prosecutor of the French Republic in order to denounce the facts and request the opening of a preliminary investigation. The Prosecutor will then have at his disposal all the necessary investigative means: searches, hearings, expert opinions and many others. As soon as you file a complaint, you will be considered a“complainant“, but you will not yet be officially recognized as a“victim” by the justice system.
Stage 2: COMPLAINT AS CIVIL PARTY
If the Public Prosecutor does not appoint an examining magistrate or decides not to open a preliminary investigation, we can turn to the Dean of the Examining Mag istrates (juez de garantías) for the complainants to become a Civil Party. This strengthens their position and ensures a thorough investigation.
Stage N° 3: PRELIMINARY INVESTIGATION OR INSTRUCTION
The prosecutor or the investigating judge leads the investigation by mobilizing all judicial resources, both in France and internationally (searches and seizures, hearings and interrogations, expert opinions, letters rogatory, etc.).
Two things can happen at the end of this stage:
- Dismissal or Dismissal: If evidence is lacking, the case may be subject to a dismissal without further action (which may be challenged) or an order of dismissal (which may be appealed).
- Referral to the Correctional Court: If sufficient evidence is gathered, the process can begin and moves to the next stage.
Stage N° 4: JUDGMENT IN THE CORRECTIONAL COURT
How does the trial unfold?
Criminal Phase: The correctional court tries the accused and determines their guilt. Prison sentences prison sentences.
Civil Phase: If liability is established, the court examines your claims and assesses your and assesses the damages suffered by the claimant..
More information about this step
Process Costs and Fees
How much does it cost to claim?
There is no initial cost to the affected party. PureTech Legal analyzes your documentation without any kind of conste.
Once we have analyzed your documentation we will contact you to inform you of your options. If you wish to continue with the claim you will have to assume a one-time cost of 400 € + VAT which can be financed in 3 interest-free installments.
This cost is detailed in the order form and covers all translation, legal and case management costs during the years of the procedure. You will not have to pay any other amount.
What percentage does the firm keep if it wins?
The firm retains a percentage of 30 % + VAT of the amount recovered. This percentage is detailed in the order form and covers all legal expenses and case management.
Likewise, in the event that the court orders Stellantis to pay the legal costs of our clients, that amount will be paid in full to the firm.
Case Tracking and Claim Status
All participants will have access to a private area and a monthly newsletter where they will be able to:
- Check the status of your file.
- Upload additional documentation (e.g. future breakdown invoices, vehicle sales contracts, etc.)
- To be updated on the progress of the process.
In addition, e-mail notifications will be sent notifications will be sent by e-mail will be sent in case of any relevant change.
What if I want to drop the claim?
The affected party may withdraw from the processHowever, the following considerations must be taken into account:
- Once the documentation has been received and the case has been analyzed, the affected party will receive an email with our opinion on their case. If you are APPROVED, you will have 15 days to decide if you wish to continue with the process. If you continue, you will have to pay the 400 € + VAT mentioned above. Otherwise, you may cancel the contract at no cost. If the case is not considered suitable, no costs are incurred.
- Once the process has been initiated the 400 € + VAT will not be refunded, but there will be no additional charges for withdrawal.
- In any case, the withdrawal must be formalized in writing.
More information about this phase
Conclusion
The class action claim for PureTech engine failures represents a real and legally sound opportunity to recover money spent on repairs resulting from a factory defect, as well as to receive substantial compensation for damages suffered. recover the money spent on repairs resulting from a factory defect, as well as to receive substantial compensation for the damages suffered.
This process, led by PureTech Legal in collaboration with consumer associations, is designed to simplify the participation of the affected party as much as possible, with a low initial cost and a high probability of success.