In VW's case it was more the other way around - the 'defeat' device detected when it was being tested, and downgraded performance to upgrade emissions. In the real world performance (and probably economy) were better, whilst emissions were worse. Post emissions fix may reported drivability problems / increased consumption. I can see in VW's case there might be a small loss to compensate for reduced value and / or drivability problems, but the ambulance chasers are suggests almost anyone with a diesel has a claim 'for thousands' which sounds pretty spurious to me - although they obviously think there is something winnable in it given the amount of ad spend they are throwing at it, and no-win no-fee arrangements!
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