Mechanical problems resulting from premature wear of the timing belt on 1.2 PureTech premature wear of the timing belt on 1.2 PureTech 1.2 engines.In addition, many legal entities (companies, self-employed) have also been affected. However, when it comes to participating in a collective claimIf you have a collective claim, it is essential to know if you are legally included in this type of process.
In this article we explain clearly whether companies or professionals can claimin which cases, and what alternatives they have.
Are you allowed to participate in the collective claim?
No. In the current case, the class action led by PureTech Legal is directed exclusively at private consumers.in accordance with the current regulations on collective actions in defense of the rights of consumers and users.
Why can’t companies and self-employed claim?
Spanish legislation clearly distinguishes between:
- Consumers or usersIndividuals acquiring goods for private, non-professional use.
- Legal entities or professionals (self-employed)Subjects that acquire goods or services within the framework of their business or commercial activity.
The class actions are regulated by the General Law for the Defense of Consumers and Usersand are designed exclusively to protect individuals against abusive practices.
What happens if the vehicle is in the name of a company?
If the owner of the vehicle is a legal entity (S.L., S.A., etc.), it will not be able to adhere to this collective claim. The same applies if:
- The vehicle was acquired for professional purposes.
- It was amortized for accounting purposes or is included in corporate assets.
What if I am self-employed?
Even if you are a natural person, if the vehicle is linked to your professional activity, it is considered professional use y outside the scope of this class action..
Examples:
- Vehicle included in your tax returns.
- Used as a regular work tool.
- Vehicle labeled or declared as an asset related to the activity.
Are there legal alternatives?
Yes. Even if you cannot join this class action, you can initiate an individual claim. This requires:
- Hire independent legal counsel.
- Assume the possible initial costs of the procedure.
- Evaluate feasibility according to vehicle documentation and use.
Some law firms, including PureTech Legal, can provide individualized valuations if the business or professional presents a case with clear evidence of a manufacturing defect.