Buyback canceled today

It was explained in a similar thread here that since the assumption they make is of 1042 a month since Sept. 2015 (i.e. calculating 1042 miles per month back from the buyback date to September 2015 to make up the nominal book value), they also calculate, based on the entered current value, the mileage at buyback in this manner. (As opposed to your average miles since new, which they may not really have, though they did ask for purchase date early on.)
This seems reasonable, but it's not guaranteed. (Why they don't just let you enter your own mileage projection at buyback, or better, do that and let you see the projected buyback amount, I don't know).

Based on all this, the fact that our car is not being driven, and ignoring the fact that I put the actual mileage 7 month ago since when it's hardly moved, I subtracted 1042 per month until the appt. from the current mileage, and came up with a number that, if they assume it was going to be the mileage at the appt date, will have us in the same bracket as the actual mileage would - so pretty much no matter how they calculate it, this mileage should result in the same number on the check as what the mileage at the appt will demand.

When I set the appointment, I was curious to see if the calendar changed if I changed from check to EFT, but there was no such option. I don't remember - when in the process did one choose EFT or check?

EFT / check is chosen at upload of the notarized offer, along with current mileage.

Really? That makes sense for the EFT/check choice, but it wouldn't have for the mileage. And it definitely asked for the mileage after the notarized offer was approved, i.e. at the same time as the appt. setup.

Famous last words, but I think we're making this much more difficult than it really needs to be, for little to no return and more likely than not extra aggravation.

If you enter your actual mileage when you make your appointment, they estimate what your mileage should be on the turn in date, using that 1,042 mi./month number. Where this seems to be catching people out is when they try to outsmart the system by estimating what they think their miles are going to be and ending up in a different bracket than they anticipated.

verylongdrive said:

Really? That makes sense for the EFT/check choice, but it wouldn't have for the mileage. And it definitely asked for the mileage after the notarized offer was approved, i.e. at the same time as the appt. setup.

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Well, it may have been during scheduling, but they were the same day for me, such a blur!

I don't recall if there's yet another mileage request just prior to buyback, but early on in the process it was evident VW was basing their buyback day estimate on original mileage and turn-in month submitted back early in the process. Nuts!

I hope that was just a bug they worked out.

Choose EFT to avoid all this. Only numbers that matter are total miles on the odometer, and the turn-in month.

Ares said:

I'd look into filing a complaint in small claims court. See what your options are in CA.

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Don't waste the court or your time doing this. The case is already under Breyer's jurisdiction and concerns and issues with compliance should be directed to him (via class counsel).

PacCoastFwy923 said:

I don't recall if there's yet another mileage request just prior to buyback,

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The last mileage update is when the notarized documents are uploaded. The mileage I used when I uploaded my notarized forms and selected my buyback location and date was the mileage on my final paperwork (and subsequent check). I doubt VW is using the original mileage people input when first signing up. That was speculation when we were all trying to figure out why some people were getting less money than they thought they deserved. My memory was that people were turning their cars in earlier in the month than mileage rollover date leaving people confused.

bizzle said:

Don't waste the court or your time doing this. The case is already under Breyer's jurisdiction and concerns and issues with compliance should be directed to him (via class counsel).

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They don't care about personal loss incurred as a result of VW not following the court ordered claim process. For the total cost of 2 months insurance, registration, and finance charges VW would probably settle the claim. It would cost more for legal to respond. But it is also a fair amount of paperwork for the OP as well.

I think VW is having problems re-issuing checks and canceling appointments.

It won't cost VW anything to defend because the court will not accept the case since it is already under a different court's jurisdiction. If, for some reason, the court does accept the case he will have to pay both his and VW's court costs once it gets in front of the judge and it becomes clear the case is about an action already under a class settlement.

There is a reason once a court gets a case it retains jurisdiction over it for reasons I would hope you can figure out on your own if you spend a few minutes contemplating the repercussions of allowing people to sue all over the country when a settlement is in progress but participants either don't like or don't adhere to the terms.

*zepman said:

Hi All,
So today was the day, i got to VW of Van Nuys in CA for my 3:30 appointment, met with the buyback guy he starts his business on the ipad goes to check the car, comes back checks the milage again and says, i have to cancel your appointment. Now, i selected check, foolish of me because if i selected EFT, it would have been fine. He didn't tell me anything except your over your milage amount.
How could that be, i entered everything into the portal and made sure i wasn't over the milage amount. after calling the VW TDI 800 number, being hung up on the first time, i finally got a nice woman on the phone who explained that i was actually under, and was due an additional $400 - well, if i knew that at the time i wouldn't care i'd take less and have this all behind me - that's not how things work.
so now, i've made the next available appointment 6 weeks from now, paid the insurance for non-op, and changed the DMV registration to non-op (as my policy was up next week), changed to EFT and now have to make at least two more payments to VW Credit. and continue to insure this parked car for another 2 months
ugh.
lesson learned. EFT - no Check!

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I received my offer letter yesterday and its short $500 I assume because i parked my car after filing the claim and VW assumes I've been driving it. Should i not accept the offer? Did you select EFT or check? I thought if selecting EFT they can adjust the buyback amount at the buyback appointment based on actual mileage.

jables said:

I received my offer letter yesterday and its short $500 I assume because i parked my car after filing the claim and VW assumes I've been driving it. Should i not accept the offer? Did you select EFT or check? I thought if selecting EFT they can adjust the buyback amount at the buyback appointment based on actual mileage.

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Accept it. The letter states plainly the offer amount is based on an assumption (mileage and buyback month). It will be adjusted for actual mileage and month, and will pay the amount described by the tables.

Don't select check in your case. It *ought* to work out that they short pay you, then send you a make-up check, but afaic it's an extra wrinkle and it already screwed up at least one forum member's buyback when he was incorrectly denied, and told to reschedule, due to a short-pay scenario.