Dieselgate, The Canadian Edition

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
Hmmm wish I would have seen that before I signed up. Though reading it my copy was signed & dated Jan 29, 2016 so it looks like I am not legally bound to have them represent me. Not sure how I even found them in the first place. I did receive a letter from them a few weeks ago but lost interest after the 1st 3 or 4 lines of legal speak.
Yeah, I don't believe you'll have any issues: the judge stated that all the people that Merchant Law got to sign up were not bound by the agreement.
 

minitechnicus

Active member
Joined
Nov 19, 2015
Location
Caledon, ON
TDI
VW Jetta 2002 TDI (sold), VW Passat TDI 2004 (sold), VW Passat 2014 TDI Highline (sold back to VW)
I apologize for my ignorance but the sudden change in wording on vwemissionsinfo.ca make me think that VW Canada wants to cut the corners.
" In Canada, parties to proposed class proceedings are in discussions about potential settlements and remedies for affected 2.0L TDI vehicles nationally. The parties aim to provide a progress update to Canadian Courts on or before July 29, 2016."
OK, who are the parties ? We know who the defendant is (VW) but who is the plaintiff? Being affected by this mess makes me automatically a plaintiff ? Or do I have to register with one of these law firms ? If I don'h have to register, then who is the entity which represents our interest in the court of law ?
VW is saying "Canadian customers do not need to take any action at this time" Well, I don't want to be left out because I did not take any action !
Thanks all for your input !
Cheers !
 

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
I apologize for my ignorance but the sudden change in wording on vwemissionsinfo.ca make me think that VW Canada wants to cut the corners.
" In Canada, parties to proposed class proceedings are in discussions about potential settlements and remedies for affected 2.0L TDI vehicles nationally. The parties aim to provide a progress update to Canadian Courts on or before July 29, 2016."
OK, who are the parties ? We know who the defendant is (VW) but who is the plaintiff? Being affected by this mess makes me automatically a plaintiff ? Or do I have to register with one of these law firms ? If I don'h have to register, then who is the entity which represents our interest in the court of law ?
VW is saying "Canadian customers do not need to take any action at this time" Well, I don't want to be left out because I did not take any action !
Thanks all for your input !
Cheers !
On the website for one of the legal firms involved in this class action (https://www.strosbergco.com/class-actions/vw/summary.56eab6b305eac.htm), it mentions the definition of the class. From everything I've read, we (everyone with an affected TDI in Canada) are automatically considered potential class members (until a settlement is proposed and a Class defined, at which point we become class members). From the website:

THE DEFINITION OF CLASS MEMBERS AND VEHICLE MODELS INVOLVED IN THESE CLASS ACTIONS
2. These Class Actions concern the installation of so-called “defeat devices” in certain vehicles. It is alleged in these Class Actions that the intentional dangerous design, manufacture and installation of these devices in certain diesel Vehicles defeated or suppressed the true measure of emissions and pollutants, including nitrogen oxide.
3. The “Class” and “Class Members” are defined as: all persons in Canada, except the Excluded Persons and persons residing in Quebec, who owned or leased a diesel vehicle listed below on the dates listed below:

Also, in the email that was sent out to VW owners here (from vw@ricepoint.com), it mentions if the parties reach a settlement, the terms will be made public and notice of the settlement will be provided, and subsequently a Class will be defined.

The legal consortium (there are several law firms involved) are actually representing the potential class right now in court.

And yes, I definitely think they are trying to cut corners :).
 

weasel

Deactivated Member Account
Joined
Sep 12, 2000
TDI
None.
Crap. I signed up with Merchant as well. I'll have to see if I can get out now ...
 

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
Crap. I signed up with Merchant as well. I'll have to see if I can get out now ...
Not sure that the agreement with Merchant is enforceable at all. They were, after all, dragged into court once or twice for blast-emailing people.
 

minitechnicus

Active member
Joined
Nov 19, 2015
Location
Caledon, ON
TDI
VW Jetta 2002 TDI (sold), VW Passat TDI 2004 (sold), VW Passat 2014 TDI Highline (sold back to VW)
Thanks Bahamut for your answer, I really appreciate that
 

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
Getting EPA/CARB to back off on the Gen 1 fix/emissions might have sunk any buyback hopes here. Pretty crafty.
Maybe they're just counting on Canadians to either a) not care or be engaged in the topic, or b) just take whatever is offered in a compensation package and not argue about it. Still, hopefully July 29th will reveal something: would it kill them to just tell us right now what is being discussed in the courts here? There is no publication ban on proceedings from what I hear, so there is no legitimate reason for the lack of communication.

Thanks Bahamut for your answer, I really appreciate that
Glad to help!
 

laminated

Veteran Member
Joined
Apr 28, 2004
Location
Canada
TDI
15 Sportwagen
I see a thread started on issues they have and what they are forwarding to the court,, we should be ready to do the same..I dont see any talk of what the fix might entail as well.. So 23 month from now, you might be thinking its a flash, and they say, Oh ,we have to put a tank in your trunk, etc, and you now have no recourse..I have no option for what I can buy, I need a diesel to pull the trailer, and need all the torque it has now, so no desire to lose any..
 

tobianogreg

Veteran Member
Joined
Sep 24, 2015
Location
Kamloops BC Canada
TDI
2013 Jetta returned
The US settlement agreement does contain proposed "fixes" to each gen. I've copied part of the gen 1 fix below.

"3.2.1 Require the installation of a new exhaust flap, EGR filter, and NOx Trap that meets the specifications of BASF TEX2064, as proposed by Settling Defendants to EPA and CARB on January 28, 2016, or, subject to EPA/CARB approval, such other functionally and effectively equivalent hardware or software, provided that Settling Defendants propose such other hardware or software in the applicable Proposed Emissions Modification."
 

Ursadorable

Well-known member
Joined
Aug 1, 2011
Location
Edmonton
TDI
2011 Golf HL 5dr TDI
My situation is I financed via VW Select.. so my last payment came out this month, and next month they want a balloon payment of $10k. Not sure what to do yet.. not sure what my options are. VW Finance says I have a couple options, pay it out, or possibly they'll refinance the last $10k. Bank won't give me the loan for the $10k (due to current debt load), so not sure VW will either.

VW Finance said to call them back later next week to discuss re-financing the remaining.

2011 4DR Highline Hatch TDI w/46000k on it.
 

node_one

Well-known member
Joined
Sep 7, 2012
Location
GTA, On
TDI
2012 Golf TDI
My situation is I financed via VW Select.. so my last payment came out this month, and next month they want a balloon payment of $10k. Not sure what to do yet.. not sure what my options are. VW Finance says I have a couple options, pay it out, or possibly they'll refinance the last $10k. Bank won't give me the loan for the $10k (due to current debt load), so not sure VW will either.

VW Finance said to call them back later next week to discuss re-financing the remaining.

2011 4DR Highline Hatch TDI w/46000k on it.
I would say that you've got to start looking at how to get the finance done on that $10K. I've got no experience with Canadian Class Actions, but if you look at the timelines for the US, the earliest that it appears that they may start the buyout process is October, and then they have to pay an owner within 90 days.
 

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
My situation is I financed via VW Select.. so my last payment came out this month, and next month they want a balloon payment of $10k. Not sure what to do yet.. not sure what my options are. VW Finance says I have a couple options, pay it out, or possibly they'll refinance the last $10k. Bank won't give me the loan for the $10k (due to current debt load), so not sure VW will either.

VW Finance said to call them back later next week to discuss re-financing the remaining.

2011 4DR Highline Hatch TDI w/46000k on it.
Definitely need to start looking at financing options: it might be beneficial to refinance through VW Finance, IF a buyout package is announced here AND it contains a similar clause to the U.S. package whereby any existing VW Finance loans are forgiven. If they put out any details on July 29th, its worth thinking about.
 

Ursadorable

Well-known member
Joined
Aug 1, 2011
Location
Edmonton
TDI
2011 Golf HL 5dr TDI
I would say that you've got to start looking at how to get the finance done on that $10K.
Definitely need to start looking at financing options: it might be beneficial to refinance through VW Finance.
I'm working on it.. I'm not sure if I'll have to go through the whole approval process again, which could cause a snag.. or if they'll just give it to me because they already technically have a lien on the car.
 

Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
I think we will be getting a similar program to what is proposed in the USA. Also, a lot of articles from before the US settlement proposal show VW saying that what is done in USA will be done in canada.

https://www.thestar.com/business/20...se-buyback-or-fixes-in-us-emissions-deal.html
That's definitely the hope: however, in the last couple of weeks their language here has changed from "what is done in the USA will be done in Canada" to "we hope to have something similar". The language has become less committal and less definite than it was.
 

crashtested

Veteran Member
Joined
Jun 15, 2010
Location
Nelson, BC
TDI
2016 Q5 TDI Technik, 2014 GSW CL 6MT (RIP), 2004 Jetta GLS 5MT (sold), 2010 GSW HL 6MT (buy back)
I'm working on it.. I'm not sure if I'll have to go through the whole approval process again, which could cause a snag.. or if they'll just give it to me because they already technically have a lien on the car.

A snag? The lien was placed by them, they'll clear it and depending on your credit score place a new one against the next round of financing... Or has your credit since taken a dive?
 

Ursadorable

Well-known member
Joined
Aug 1, 2011
Location
Edmonton
TDI
2011 Golf HL 5dr TDI
A snag? The lien was placed by them, they'll clear it and depending on your credit score place a new one against the next round of financing... Or has your credit since taken a dive?
No, my credit is fine. But my debt load increased since I purchased my VW (got a mortgage since). I would not qualify for a standard bank loan right now when using the 40% rule.

Either way, I called VW today, and they took my mileage, told me it would be 4.99% interest over a term of 12 to 48 months. I chose 24 months. They said they're going to mail out the paperwork for me and to provide proof of insurance. I didn't ask if I have to re-qualify for the loan.

Regardless, the $614/month I was paying, verses the $457 for the re-fi would be a lower payment than what I was paying before.
 
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Bahamut

Veteran Member
Joined
Jun 29, 2016
Location
Cobourg, ON, Canada
TDI
2014 Passat Comfortline TDI, DSG
"The company has said repeatedly that it doesn’t foresee any further significant costs linked to the emissions scandal."

http://www.wsj.com/articles/volkswa...uropean-compensation-after-scandal-1467570500
Would be curious if this includes Canadian compensation or not. From the article, it sounds like they were referring to their overall financial liabilities. Perhaps they have already factored in costs for here. Also depends on their definition of "significant costs". Could also be VW just being over-confident and thinking they've wrapped up all the legal issues now.
 

node_one

Well-known member
Joined
Sep 7, 2012
Location
GTA, On
TDI
2012 Golf TDI
I really wish they would tell us the deal. At 95,000km on the original Conti's I'm down on the wear bars and need to make a decision as to how much I going to put into tires.
 

tobianogreg

Veteran Member
Joined
Sep 24, 2015
Location
Kamloops BC Canada
TDI
2013 Jetta returned
I really wish they would tell us the deal. At 95,000km on the original Conti's I'm down on the wear bars and need to make a decision as to how much I going to put into tires.
I was in the same position and recently bought new tires. It appears we could at a minimum get two more years use out of the vehicle so why not? If something dramatic happens I can always throw the snowies on.
 
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