VW Rejecting Non-Clean Titles?

fookin

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T (415) 956 1000 fx (415) 956 1008

Attorney: Phong Nguyen
email:
pgnguyen@lchb.com
Is Phong Nguyen the person at LC that is the plaintiff in direct talks with VW or is he an attorney that is privey, or somewhat privey to what is being discussed?
 

johtdi

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WE NEED AS MANY AS POSSIBLE TO GET THIS DONE, PLEASE SPEND THE TIME TO DO IT. Advise nothing is being done. We need to all do our part so that something is done other than wait, we have time to do this now so that when judge makes his ruling maybe our voice will be heard or prior to the report coming out on the 30th documenting the problems with the settlement.

TO FILE A REPORT WITH EPA: use contact us link, report a violation on their website at:
www.epa.gov

email contacts direct< OTAQ@epa.gov, or Iddings.Brianna@epa.gov or ?

REGISTER FTC COMPLAINT ON THEIR WEBSITE:

www.ftc.gov
CLICK
FILE A CONSUMPER COMPLAINT, OTHER, AUTOMOBILE

You can email jcohen2@ftc.gov

You will need to cut and paste VW address to complete this.

Volkswagen Group of America
2200 Ferdinand Porsche Dr.
Herndon, VA 20171
(248) 754-5000

www.volkswagengroupamerica.com

COURT APPOINTED CLAIMS SUPERVISOR email them as well nothing being done on hold not accounted for in reports our types of cases.
https://ankura.com/?s=volkswagen+

Email or call them to advise direct:
Ankara Consulting Associate: tom.geddes@ankura.com
Director: john.hays@ankura.com

1220 19th Street, NW, Suite 700, Washington, DC 20036
+1.202.797.1111 Main
+1.202.797.3619 Fax


LASTLY IF YOU HAVENT ALREADY DONE SO.
TO FILE AN APPEAL WITH THE CRC

email appeal to: crc@vwcourtsettlement.com
To submit an appeal to the Claims Review Committee, you must send a written request to appeal to the Claims Review Committee, ALOT EASIER to just email them at crc@vwcourtsettlement.com or via mail at P.O. Box 214500, Auburn Hills, MI 48321

Your request must include:
Name, address, telephone number, VIN number and Claim Reference Number.
A brief statement explaining why you believe the ineligibility determination or offer amount calculation was in error. For Now state claim delayed or offer amount not given? Anything to just get on record?

OUR LEAD ATTORNEY Class Counsel:

Lead Counsel of entire settlement, all other attorneys assist my understanding. Not sure who or which directly speaks to vw.

Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111

Website:
https://www.lieffcabraser.com/contact

T (415) 956 1000 fx (415) 956 1008

Attorney: Phong Nguyen
email:
pgnguyen@lchb.com

Elizabeth Cabraser
ecabraser@lchb.com
 
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GolfTDISA

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I Agree with JOHTDI that is at least what we can do , instead of doing nothing . JOHTDI gread job listing all of them
 

jeffcapp99

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I Agree with JOHTDI that is at least what we can do , instead of doing nothing . JOHTDI gread job listing all of them
This is great work guys. Thanks for your research and emails. I will fire some off today as well. As for Phong at Cabreaser - I spoke to him a few months ago. He is a nice guy. One of the better ones there. He did not have answers but at least he was sympathetic to my plight and understood the salvage issue.
 

GolfTDISA

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The next step would be maybe be

I think we should try to get our Story about VW buyback hold up on Rebuilt and Salvage cars to any Press or Newspaper agency willing to published it , or example maybe like , WIRED JALOPNIK , CONSUMER REPORTS or any other willing to publish .What do you guys think ?
any recommendation ? let's find some contact info ,emails etc
 

jibberjive

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I agree with the direction all of this is going. We have a very limited time to make as much noise as possible, so fire off those emails, and lets get some media coverage asap!

Awesome work johnTDI for getting the specific contact info together. I have a few thoughts about the contact info below:
WE NEED AS MANY AS POSSIBLE TO GET THIS DONE, PLEASE SPEND THE TIME TO DO IT. Advise nothing is being done. We need to all do our part so that something is done other than wait, we have time to do this now so that when judge makes his ruling maybe our voice will be heard or prior to the report coming out on the 30th documenting the problems with the settlement.
...
Company providing the Quarterly Reports, email them as well nothing being done on hold not accounted for in reports our types of cases.
https://ankura.com/?s=volkswagen+
I think it's worth noting in this contact post that the official title for the Ankura company, in regards to the settlement, is that they are the official "Court-Appointed Claims Supervisor." Their position as a 3rd party "claims supervisor" was explicitly stipulated in the settlement, and their job is to review claims and "review the claims administration process to ensure that it is conducted in accord with [the] Order."

When I first read your post, I took it as they were just the ones who processed the quarterly update report, not that they had much authority to review anything. They seem to be possibly the most important people to contact regarding this, as they will communicate directly with the judge through the report, independent of the dispassionate and ineffective Class Counsel.


OUR LEAD ATTORNEY Class Counsel:
Lead Counsel of entire settlement, all other attorneys assist my understanding. Not sure who or which directly speaks to vw.
Lieff Cabraser Heimann & Bernstein, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111
Website:
https://www.lieffcabraser.com/contact
T (415) 956 1000 fx (415) 956 1008
Attorney: Phong Nguyen
email:
pgnguyen@lchb.com
I am not sure if we want to blast email everyone at the Lead Counsel's firm who has been dealing with this, but if we do, I've got some thoughts and some additional email addresses.

Over the course of the past year or so I have been in touch with various people at the firm about various things. I believe the main person to impress the importance of this on might be Elizabeth Cabraser (of the Lieff-Cabraser name) herself. She did an open mic Q&A on Jalopnik a while ago (https://jalopnik.com/ask-the-lead-dieselgate-plaintiffs-lawyer-anything-abou-1793506282), and when I reached out to her via email, she put me immediately in touch with the others who are working on the settlement, and she actually replied herself as well on occasion.

Her direct email is:

ecabraser@lchb.com

Maybe on the Class Counsel email that we send, we address it to her, and then CC the following people as well on the same email (all of which email addresses were either CC'd by people within the firm during our discussions, or who replied to me directly):

info@vwclasscounsel.com
Phong-Chau Nguyen
pgnguyen@lchb.com
David Stellings
dstellings@lchb.com
Wendy Behan, she replied from both a Lieff-Cabraser email, as well as a CASEY GERRY SCHENK FRANCAVILLA BLATT & PENFIELD LLP email, where she is partner
wbehan@lchb.com
wbehan@cglaw.com
Laura M. Haley, Contract Attorney
lhaley@lchb.com


I think we should try to get our Story about VW buyback hold up on Rebuilt and Salvage cars to any Press or Newspaper agency willing to published it , or example maybe like , WIRED JALOPNIK , CONSUMER REPORTS or any other willing to publish .What do you guys think ?
any recommendation ? let's find some contact info ,emails etc
I believe the guy we need to get a hold of at Jalopnik is David Tracy, as he is the guy who authored/orgainized the article Q&A with Elizabeth Cabraser, and he has authored a bunch of other articles about the settlement and technicalities.

https://jalopnik.com/we-dont-know-the-environmental-effects-of-junking-half-1793622815
https://jalopnik.com/comment-of-the-day-the-lead-dieselgate-plaintiffs-lawy-1793543661
https://jalopnik.com/heres-the-entire-transcript-of-yesterdays-court-hearing-1790432859
https://jalopnik.com/vw-finally-has-a-plan-to-fix-dieselgate-heres-the-whol-1772346691

His contact info (take from https://kinja.com/David_Tracy) is:

david.tracy@jalopnik.com

Twitter
https://twitter.com/davidntracy

Someone (I won't have the time right now) should email and/or send him a DM in twitter about writing an article on the salvage title situation. If someone does, if they want to forward me a draft of their email, I can possibly get in contact with another automobile media writer from a different publication as well.
 
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GolfTDISA

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Let's do this

Please don't be offended anyone, It seem to me from some of the contacts that I talked to, we have lot of people are waiting and doing nothing , if you don't email and proactively get involved like some of us here we will not achieve anything . And most likely, it will not be a good outcome for all of us. People sitting back and waiting for miracle doesn't work. I hope everyone finds time and does this .
 

E2Tdi

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Please don't be offended anyone, It seem to me from some of the contacts that I talked to, we have lot of people are waiting and doing nothing , if you don't email and proactively get involved like some of us here we will not achieve anything . And most likely, it will not be a good outcome for all of us. People sitting back and waiting for miracle doesn't work. I hope everyone finds time and does this .
I am going to write to some emails to various groups. I agree, we need to create some noise
 

psd1

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I am going to write to some emails to various groups. I agree, we need to create some noise
I suggest correspondence be posted so others may not have to reinvent the wheel. :)
 

GolfTDISA

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I think none of us will see immediate results , but however for the first time there is lots and lots people getting involved and by just sending emails it will let them know that the pressure to resolve this is rising and that we will put up the fight if need be. Now options are all there , maybe a new class action lawsuit or anything else but that they can't ignore us forever.
Also there is some rumor that some Press will get involved as well very soon on this topic. It will not look good if VW gets charged with breach of contact and all the negative Press that they don't need right now etc .
 

1842 TDI

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I wrote a bunch of emails tonight. This is frustrating!! Anyone get any responses yet?
I got a response from Ankura Consulting:

Thank you for contacting Ankura Consulting. We appreciate your correspondence and providing us valuable insight into the Volkswagen claims program consumer experience. We will certainly take your comments into consideration as we undertake our ongoing reporting responsibilities.

Thank you again for your correspondence.

Sincerely,

Ankura Consulting Group, LLC​
 

GolfTDISA

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We should all follow Judges Schedule/ Calendar for Feb 2018

http://www.cand.uscourts.gov/CEO/cfd.aspx?7134

there is something being decided on

Thursday, Feb 1 2018
09:00AM
3:15-cv-05531-CRB - Miao v. Preferred Restaurant Brands, Inc. et al
Jury Trial
10:00AM
3:15-md-02672-CRB - In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
Motion Hearing
Motion to Dismiss
11:00AM
3:15-md-02672-CRB - In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
Motion to Dismiss
Friday, Feb 2 2018
 
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GolfTDISA

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New info found for Feb 1 2018


http://cand.uscourts.gov/crb/vwmdl

Recent Proceedings & Deadlines:
Date Proceeding or Deadline Courtroom (if applicable)
February 1, 2018 at 10:00 a.m. Hearing on Defendants' Motion to Dismiss the Complaints of the Environmental Protection Commission of Hillsborough County and Salt Lake County No. 6 - 17th floor
February 1, 2018 at 11:00 a.m. Hearing on Defendants' Motion to Dismiss the Volkswagen Bondholders' First Amended Class Action Complaint
No 6 - 17th floor


So FALSE ALARM , they will not even talk about our case in February it seem like it at all.
 
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GolfTDISA

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Very interesting story

THIS IS UNCONFIRMED STORY but to me it makes a lot of sense and it explains a lot indirectly.


Talk to the California guy that had a friend that works in VW and he had told me an interesting story. Timeline of the events makes lot of sense, the VW stopped buying Rebuilt /Salvage cars right in April / May 2017 when they found out themself that they will have the " fix " for all the cars. Secondly right after that in June or July if I recall right , EPA and the other Government agencies approves the fix for all except 12-14 Passat manual transmission.

The new so called "framework" will be asking the Judge just to fix them and pay restitution and NOT TO BUY them back, because they know all the Salvage and Rebuilt title cars , the VW dealers do not want to resale to the public, so they will end up being crushed or dismantled and they would save VW millions .If they don't have to buy them , they do not have to store them , resale, dismantle etc etc ...
Only the Judge can change the contract and we do not have input on whatsoever ,not even to voice our opinion. We need to continue trying to talk to our council and let them know that if that is the case that is not ok. Secondly there are lots of complains on the VW diesel Fix messing up the cars not only here but in europe as well. Not to mention much lower actual mileage that you can get.
People please I urge you keep the pressure by emailing again to all the people listed above .


Like I stated this is a unconfirmed story , I don't have the way to verify anything!!!!!!!!!!
 

jeffcapp99

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the VW dealers do not want to resale to the public, so they will end up being crushed or dismantled and they would save VW millions .If they don't have to buy them , they do not have to store them , resale, dismantle etc etc ...
Golftdisa - I do not buy the story. That would be a major change to the document that does not fit the characteristics of why a judge would change it. (ambiguity, etc). That would be splitting the baby which courts rarely do.
The court may side with VW or salvage owners but I do not think they will do that. Further, this change would benefit VW, BUT SCREW anyone that got a fix instead of a buyback (resulting in more court action). Think of it, if thousands of rebuilt cars get on the market the resale value would go in the dump. VW Dealers would love for all these salvage cars to be bought back (and crushed) and not sell any fixed TDIs.

It is my understanding that very few VW's that were repurchased where actually resold. I think only the generation 3 engine which was only in 2015 was going to be fixed and resold and the demand was tepid. If I am correct (I may not be) VW will be crushing a lot of cars. VW dealers do not want to sell low mileage cars and hurt their new car sales.

I believe the problem with the court document centers around a former owner restitution (on totaled vehicles) and the timing of when they can claim it.

That said, I am always curious about these stories.

On a side note, I have received several Takata Airbag notices on rebuilt cars. I called VW (corporate - not settlement folks) and they said salvage titles are eligible for new airbags. MORE expenses for them as I think Takata is out of business.
 

Lightflyer1

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Takata is out (bankruptcy IIRC) but someone else stepped up and took over IIRC.

VW was only required to get to the 85% point on the recall buybacks IIRC. Maybe they are approaching this and want to just leave the salvage cars in the remaining 15% and only eligible for the fix and not the buy back. That would fall under the current rules it seems and lend "some" credence to the above "story". That would account for about 80k cars if 475K was the original number.

"The government requires that 85 percent of the nearly 475,000 affected TDIs to be fixed or removed from the road by June 30, 2019."

https://www.consumerreports.org/cro/cars/guide-to-the-volkswagen-dieselgate-emissions-recall-
 

GolfTDISA

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I would agree with LIGHTFLYER1 we might be on the scale if need be , they will take some as buy back the rest just fix.
On the the other hand , JEFFCAPP99 has a valid point that VW dealers do not want Rebuilt title car on the market at all, I guess we will see everything in March.
 

jeffcapp99

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A few additional thoughts. The 85% target is 85% of a static 487,532 (that number has not changed). Or 414,402. They have fixed or repurchased 378,142 or 77%. Every total car hurts their changes although they have a figure of 1,842 that says UIO scrapped. No idea what UIO means. Any ideas? VW has to pay $85M for every 1% they do not get over to 85%. That said, For every car they do not fix they get to keep the money (this there are huge dollars at stake even for a huge company). So VW wants to get to 84.51% and not 1 car more. My guess is VW wants to count any salvaged car as 'fixed' or removed from service. I would argue that if a car is rebuilt and returned to service they cannot do that, but we will see.


This is from Appendix A of the agreement -


7.6 Total Available Recall Program Funds: Settling Defendants’ total funding pool
available to satisfy the requirements of the Buyback, Lease Termination, and Vehicle Modification Recall Program, as well as any consumer payments made in connection with the FTC Order or the Class Action Settlement, shall be $10,033,000,000, based on an assumed 100% consumer participation rate, and an assumed 100% Buyback of purchased Eligible Vehicles, and an assumed 100% Lease Termination of leased Eligible Vehicles. Any unspent funds will revert to Settling Defendants upon the
completion of the Class Action Settlement program.
 

Curmudgeon

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Hope on Salvage Titles

I just received a check this friday for my 2014 TDI bug with a salvage title.

Here are the facts:
I purchased this from IAAI before the lawsuits was settled car had 32,000 miles on it.
Did not purchase it to flip but to fix and drive.
I also purchase another one that I used for parts but will fix it and it is registered in the buy back program but still setting in my shop.
My first apointment was June of 2017. They had the check but but once I gave the agent the salvage titled they turned me away with little detail.
I made 3 or 4 appointments after that they would cancel hours before appointment.

I made an apointment about three weeks ago thinking they would cancel. In fact I didn't start the car in weeks and it had summer diesel in it and it was like 7 degrees outside. I was expecting them to cancel. They did not cancel and I had to call the dealer do see if I could bring it in later that day. Had to put some anti gel and some blended diesel in it to get it running properly.

I have been reading this forum but have not contributed. Thought I should install some hope among the doom Sayers.

Signed

Curmudgeon
 

jeffcapp99

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Thank you for sharing Curmudgeon. I am caught in a situation where I have not received an offer. Can you tell us when you got your offer letter ? My guess is it was April 2017 or earlier. Maybe some of the salvage titles will start going through. I can be optimistic.
 

GolfTDISA

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Until they resolve this in court I highly doubt that they will start taking cars on massive scale. One or two here and these it seems like it. I guess we will all find out at the same time from the Council.
 

GoFaster

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It is entirely possible that they are examining cases one at a time and dealing with cases that are clear-cut legitimate (e.g. car has had one owner through the whole time from Sept 2015 until now, no other claims filed against that VIN, clear documentation, etc). If you're in that situation and that's what's happening behind the scenes, it may simply mean that they haven't gotten to your case yet. If there is anything that is in the slightest bit questionable, you wait.
 

GolfTDISA

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All of mine cars with Rebuilt titles that I will keep were approved for Fix , but others that I wanted to do buyback nothing .
 

johtdi

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Reports progress

I think its great to share success and help one another, we all need to continue to email all we can. Speculation will not get us anywhere, hoping collectively we can have a voice. If anyone wants me to add more information in this post or suggestions please pm me.
 

xcdhracer15

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All of mine cars with Rebuilt titles that I will keep were approved for Fix , but others that I wanted to do buyback nothing .
were they recently approved for the fix & associated compensation?


I'd gladly take a fix at this point as long as it comes with the $5-7k
 

jeffcapp99

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I spoke to Phoeng last night. We had a good conversation. He seems the best and most reasonable attorney at Cabreaser. He said he thinks a resolution will be within a month and possibly sooner (no promises). He said the CRC will decide the fate of these salvage titles not the judge. Let's hope for a good result.
 

psd1

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I spoke to Phoeng last night. We had a good conversation. He seems the best and most reasonable attorney at Cabreaser. He said he thinks a resolution will be within a month and possibly sooner (no promises). He said the CRC will decide the fate of these salvage titles not the judge. Let's hope for a good result.
This seems confusing to me, wouldn't a substantial change to the consent decree require the judges approval?

Why now, after months on the back burner is he thinking there will be a resolution within 30 days?
 

GolfTDISA

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Response

I hope you are right for our sake, but that contradicts all the emails or information until now .On so called " framework " that has to be decided by the municipal Judge. As you know there's a lawsuit going on from previous owners on the Restitution or half of it , that they are asking for. On the other hand maybe they just want to get over this all deal and wrap it up and finish it because I don't think there is huge number of cars there.(est 5000-7000 the most if that many ,I don't know maybe I'm wrong ) I think in my opinion they are buying time for something , but you tell me what ? maybe there is storage savings, maybe slowing down us the Non volkswagen dealers that we cannot buy more ,maybe you tell me what reason ....? but we are all waiting from the April 2017 give or take , I don't know whatever the problem is, that is too damn long of the time frame not to solve it. It almost seems like they want to see if they will reach 85% threshold and if they do , they will enjoy not taking the salvage cars and have huge savings or leftover money for them .


On the other note , I did not take any to FiX so I really do not know, they mentioned they are approved but I don't see any amounts or anything on the website. Just togo and do the first step by local dealer.Hope that helps.
 
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