Remedy Change Deadline

utahjd

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Nov 15, 2018
Location
Utah
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2009 JSW
I completed my claim in early August and received my "final offer" on August 14. I selected the Modification option, knowing that I could change it. The offer included an option to change to buyback "at any time before the approved emissions modification is complete." Clear enough, right? I also knew that I needed to respond to the Final Offer before Dec. 1 and get it wrapped up by Dec. 30.

So after some additional research and consideration, I decided I would exercise my option to switch to the Buyback Remedy. The instructions said if I wanted to do that, there would be additional documents required, so I should call. So I called on Nov. 1st, so that there was plenty of time before the December deadlines.

I was then informed that there was a deadline of Sept. 30th for switching to the buyback. This was news to me. I asked why, if there was such a deadline, did my Final Offer say I could switch "any time"? Of course there was no answer other than "the deadline was Sept. 30th." I looked back through all of the emails and reminders I got from VW. No mention of a Sept. 30th deadline at all. I was told I could start an appeal, and that that was the only way forward if I wanted to pursue changing my remedy.

I immediately opened an appeal, but then realized that it's a black hole, and they aren't likely to get to mine for several months. Obviously, I can't hold off from getting the modification that long without risking losing all compensation (if the appeal goes against me). I suppose I could get the modification and, if I win the appeal, VW will be compelled to do the buyback anyway, but I can see them arguing that I already got the modification, so they aren't obligated to do so. That is clear in the court documents, and it's unclear how the conundrum created by such an outcome would be resolved.

Clearly, it would be better to get VW to act now, somehow. Since filing my initial appeal, I have read pretty much every court document related to the settlement (if you have any questions, let me know! :), and there is simply no justification for this deadline. Instead, they all basically echo this language, from document Document 1685 Exhibit 4: "Claimants eligible for a Buyback, Lease Termination, or Approved Emissions Modification will have the ability to change their remedy selection until Step 4 is completed, even if they have accepted a formal offer."

That seems pretty strong to me, but of course no one at VW is going to admit that if they aren't forced to. I have contacted several plaintiff's attorneys, but they have either ignored me, or sent boilerplate emails back saying they aren't interested, but with no justification. I have sent a detailed email to Ankura, but that's a black hole, too, and I haven't heard anything. Today, I sent another version of that letter to the FTC contact, hoping that they might care. If anyone is interested, I'm happy to post that letter here. It's quite long, so I didn't want to lead with it.

Anyway, I guess I'm venting. And wondering if anyone else has run into this. Or if anyone knows anything that might help me, or has ideas about other avenues to pursue. Or... if anyone can show me how VW is justified in this regard, I can just get on with the modification. Thanks.
 

2010TDI

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2010 Jetta Sedan TDI 6MT, 2010 Jetta SportWagen TDI DSG (sold), 2014 Jetta Sedan TDI DSG (sold), 2015 Golf SportWagen TDI DSG
I am not familiar with any sections of approved agreement which refer to a deadline to change you selected remedy, but I did receive an email titled "SECOND REMINDER NOTICE" on July 24, 2018 that said:

Dear xxx xxx xxx xxx:
You are receiving this letter because you may be eligible to receive a remedy, including compensation, under the 2.0-Liter VW/Audi Diesel Emissions Settlement, but you have not yet completed a claim. Certain current or former owners or lessees of eligible 2.0-Liter vehicles may be eligible to receive compensation for a Buyback, Early Lease Termination, or Approved Emissions Modification. In order to participate, you must complete a claim application (including submitting all required documents) by September 1, 2018 or risk losing your opportunity to participate in the Settlement Program and receiving a cash payment. To ensure that you have time to timely correct any document deficiencies, we encourage you to submit your documents as soon as possible, and at the latest by August 1, 2018. The 2.0-Liter Settlement Program ends on December 30, 2018. [emphasis in original]

[...]

You must register on the Online Claims Portal by September 1, 2018 regardless of the remedy you choose (i.e., Buyback, Early Lease Termination, or Approved Emissions Modification). Additionally, if you register on the Online Claims Portal but do not submit the required documents by September 1, 2018, your claim may be deemed ineligible. Because different remedy elections require different documents, we encourage you to select your desired remedy in advance of September 1, 2018 so that you submit the appropriate documents for your selected remedy. To learn more about your options, please visit www.VWCourtSettlement.com.

  • If you decide to switch your remedy after September 1, 2018, you must do so before September 30, 2018 [emphasis added]. You may only change your remedy once after September 1, 2018. To switch your remedy, please contact Volkswagen at 1-844-98-CLAIM and notify them that you would like to switch your remedy. If you change your remedy from an Approved Emissions Modification to a Buyback, you will be required to submit additional documents to establish your eligibility to participate in the Settlement Program, including proof of vehicle registration, a financial consent form and information about your vehicle loan (if applicable), the front and back of your vehicle title, and, if the claim is made on behalf of a business, proof of authority to transact on behalf of a business or corporation. You must submit all required documents within 3 days of your change of remedy – and no later than October 3, 2018 – in order to participate in the Settlement Program.
A previous email titled "REMINDER NOTICE" from May 5, 2018 did not mention anything about changing the chosen remedy, but did discuss the September 1 general claims deadline.

Both of these emails were a copy of the first and second reminder notices listed on the settlement website.

I reviewed my "PUBLISHED FINAL OFFER" from claims.vwgoa.com and see what you referenced:

ALTERNATE OFFER: You may change your selected remedy at any time before the buyback is complete. If you decide to change your selected remedy, and if an emissions modification is approved for your vehicle, you may keep your vehicle and receive and approved emissions modification free of charge...

[...]

Changing Your Selected Remedy: IF you would like to change the option you have preliminary selected, please indicate the option you now choose at the end of this letter just above your signature line.
As I initially selected buyback, I'm not sure if there are differences in the form language. But taken with the deadlines in the first and second notice, I'm not sure they will give you much wiggle room for changing it based off the offer letter. The "before the buyback is complete" seems pretty cut and dry, but I suppose they will make the same argument about the published deadlines.

If class counsel is non-responsive, you could try reaching out to someone from the Bureau of Consumer Protection directly, several contacts were published in their original announcement.
 

utahjd

Member
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Location
Utah
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2009 JSW
Yes, if you dig around, you can find the 2nd reminder notice. That is literally the only place that the Sept. 30 change deadline ever appears. When you go to vwcourtsettlement.com, the first thing you see is "IMPORTANT DEADLINES". It's not there. When you log into the portal, you see Sept 1, Dec. 1, and Dec. 30. No Sept. 30. When you get an email from VWGOA, same thing. No mention of Sept. 30. The first reminder notice doesn't have it. Only the 2nd reminder has it. And because it wasn't sent from VWGOA, I never saw it.

So they had dozens of opportunities to publish it in places where I could easily see it, including the Final Offer itself, and they omitted it. I can't see how anyone would consider that a reasonable effort.

And even more importantly, at least to me, there is no support in any settlement documents for this deadline. The settlement and related documents say, consistently, that the ability to change the remedy is preserved until a remedy is complete. Even if you have already submitted a Final Offer. So VW is changing the settlement terms unilaterally. I cannot see how this would withstand any kind of scrutiny, except that literally no one is interested in giving it any. And of course it's too late to opt out, so I can't do anything about it. VW, I'm sure, knows this, so they're not going to do anything. I'm apoplectic about the whole thing. I hope that, when they fix my car, it has $20,000 worth of additional problems until they have to buy it back anyway under the warranty terms. If there is any justice in the world, that's exactly what will happen.

Thanks for the suggestion about contacting the Consumer Protection Bureau. It turns out that the Cohen guy listed there is the same name that I got from another thread as the FTC contact, so I've already emailed him.
 

Lightflyer1

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Round Rock, Texas
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Good luck with pursuing this. Everyone else has been paid and could care less now. Not enough money there for attorneys to take on single cases. The lesson to be learned here is not to wait. As this has dragged on, lots of things have changed and not necessarily in the better for the consumer. Those that have waited until the end have faced arbitrary deadlines, more stringent requirements, less willingness on VW's part to accept anything out of the normal expected circumstances. Government agencies washing their hands of anything further to do with the settlement. Attorneys no longer interested in taking on any cases to remedy any of the above things or VW's refusal to live up to some or any of the promised remedies in certain circumstances.
 

GoFaster

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Location
Brampton, Ontario, Canada
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2006 Jetta TDI
Yup. Otherwise summarized as "U snooz U looz".

Folks on this website have been warning people not to wait until the last minute for a long time. At this point, don't change your mind, take what you can get, and move on.
 

toneman

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Location
norcal
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I wonder if it is because you did not complete the claim, thus the deadline.


"You are receiving this letter because you may be eligible to receive a remedy, including compensation, under the 2.0-Liter VW/Audi Diesel Emissions Settlement, but you have not yet completed a claim."

I've chosen fix but my notarized offer letter for the fix, which was accepted and therefore completing the claim, states:



"Alternative Offer: You may change your selected remedy at any time before the approved modification is complete."

I scheduled my appointment mid-december for the fix but assume I can still change my mind. Perhaps I'll call and find out.
 

utahjd

Member
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Nov 15, 2018
Location
Utah
TDI
2009 JSW
No, I completed my claim in August, and have a "Final Offer", which contains the same language that yours does about changing the remedy at any time before the modification is complete.
If you call, they will tell you that you can't change it, regardless of what the offer letter says. They, of course, have no idea was the Settlement says, so it's not much of a conversation. They just repeat the same thing over and over, although if you want to, it might be interesting to see what they say to you.
The fact that no one cares, including, apparently, Ankara (the "claims supervisor"), the FTC and all of the Plaintiff's Attorney's I've tried to contact, makes me pretty mad. We can't opt out or sue separately because we are bound by the terms of the settlement. Volkswagen is trying to violate those terms in this case, there is no way to petition the court because the court has appointed a supervisor to ensure the terms of the settlement are followed. But the supervisor has checked out, so there is no one to hold them accountable.
They are flooding the market with fixed 12, 13, and 14 models, making my 09 worth less than it was even 3 months ago, which is my primary reason for wanting to change to the buyback. The Settlement specifically allows owners to preserve their options to wait for more information. The only deadlines in the Settlement documents is Sept. 1 to file a valid claim, and Dec. 30 to finish. There are no other dates. Even the Dec. 1 date that you see in all the emails isn't a "deadline". It's just a suggestion to make sure there is time to schedule an appointment, but they are still obligated to try and complete it by the 30th. I think it's clear that they have the same obligation to make a good faith effort to change remedies as is required by the Settlement.
If you, or anyone else, is interested in the relevant sections of the court documents, I have compiled them here: https://docs.google.com/document/d/1czHQezW76y8vh712ZUZMcs9Zd3nWzXRr06skUThTN-8/edit?usp=sharing
 

Lightflyer1

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Round Rock, Texas
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They are flooding the market with fixed 12, 13, and 14 models, making my 09 worth less than it was even 3 months ago, which is my primary reason for wanting to change to the buyback.
You knew they were going to be reselling the newer cars once "fixed". They were doing it when you made your choice to take the fix. I don't see what has substantially changed in that regard from then till now. Your 09 is only worth less if you try and sell it (maybe). If you just keep driving it it is still providing the service you bought it for. That doesn't change the fact that you are getting short changed and ignored on your decision change, but does refute your "primary reason" for changing your mind in the first place.
 

GoFaster

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Folks on this very forum warned about the possibility of large numbers of these cars being placed on the market, and thus depressing resale values. I've done so myself.

Take what you can get ... move on ... keep on driving.
 

hernluis

New member
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Jul 31, 2016
Location
colorado
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2015 golf tdi
This happened to me also. Did the appeal, no word yet. Probably going to just get it fixed and get my money. I did get an email that my appeal was received and it would take "a few weeks" for a response. This will be the second or third week waiting. They are supposed to send me a letter via mail with the decision.
 

Diesl

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I agree, that's pretty ****ty of VW that they don't honor the consent decree or whatever it's called, but I think the fixed car is nice to drive. No change in mpg for me. DPF and EGR filter were already replaced once under warranty. As long as transmission and suspension hold up, the extended warranty should cover the rest. Of course, if you plan to not drive it into the ground, then you should have returned it to VW.
 

Lightflyer1

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Not as much a question of honoring it as changing it along the way. You have to keep up with everything if you want to stay in the game. Otherwise you lose. Many changes have come to pass as the settlement progresses.
 

utahjd

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Nov 15, 2018
Location
Utah
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2009 JSW
Lightflyer, you can't change the terms of a court order without another court order. By your logic, VW could lower the restitution amount by $1000 because they felt like it was costing them too much money, and you should be fine with it because... "things change?" Come on, you wouldn't be ok with that. The case of imposing a deadline on the ability to change a remedy is no different. It's a stipulation in the terms that is clear. VW is ignoring it for their own convenience, and the parties that should be holding VW accountable have checked out. Ankara hasn't even responded to my email to them yet.

There are only two deadlines in the Settlement. Sept. 1 to file a claim and Dec. 30 to complete the remedy. It says in several places that we are allowed to change our selected remedies up to the point when they are complete. I have my reasons for waiting until Nov. 2 to make my final decision, but they are irrelevant and I don't need to defend them. The terms allow me to do that.
 

Lightflyer1

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It isn't my logic, it is what is in reality happening. The terms of the settlement have already changed on multiple things, and the Judge approved them or instituted them himself. Look what has been done about salvage cars. About dismantling cars for turn in, etc. Whether you believe it or not it has happened. Evidently the terms have changed. You are free to go to court and fight for your rights. Please come back and let us know how it all works out for you.
 

utahjd

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Nov 15, 2018
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Utah
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2009 JSW
This saga isn't quite over yet. The one plaintiff's attorney who took an interest in my request for help (huge thanks to Shelby at Hagens Berman in Seattle) has been pursuing the matter with the Claims Review Council (which is responsible for reviewing appeals). She said they have been actively discussing it, and are using my case as to decide how to handle all similar appeals.

It's still a little frustrating, because I don't have a seat at the table, so I don't have much insight into what VW is arguing in their defense, and I don't know how the plaintiff's attorney on the CRC is responding. Shelby is helpful and competent, but she is, as far as I can ascertain, a 3rd party to the actual conversation between plaintiff's counsel and vw's counsel, so I don't know exactly how much of a committed stand is being made by whoever actually arguing on my behalf.

I'm a little nervous since it's getting so close to Dec. 30, but I was assured that since I filed an appeal that my claim will be honored after it is all sorted out.

So... anyone who has filed an appeal, like hernluis above, I would schedule your fix as late as you can if you've already returned your Final Offer and accepted the modification option, because there is a very good chance that your appeal might be granted.

I was told that there aren't a lot of similar cases, maybe a dozen or so.

I was also corrected today on my mistaken understanding that VW would get any money they didn't spend from the settlement trust back. They don't. Anything left over goes to various government agencies. So it makes it hard to understand why VW is standing firm on the issue. It doesn't save them any money. Or does it? Is a buyback still more expensive for them somehow than a fix? I guess it doesn't matter, they must have their reasons, but it is interesting I suppose.
 

Lightflyer1

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It might cost them more as when the fund gets down to a certain point, they have to refund it again with another deposit dictated by the settlement. If they are close to that point and have to make another deposit, it might cost them a lot if they don't get it back. Kind of like keeping your checking account low, just enough to pay your bills and no more.
 

flargabarg

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Jul 31, 2005
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The buyback makes them incur costs for dealing with the car. It's minor but it is the only thing I see.
 

utahjd

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Utah
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2009 JSW
To bring this thread up to date for posterity, I received notice today (3/19/19, almost 5 months after I submitted) that I won my appeal and am now eligible for the buyback. My claim was reset and I uploaded the additional document (the title) and am now waiting for approval.

Many thanks to Shelby at Hagen Berman, one of the plaintiff's attorneys, for responding to my request for help, and making sure that my claims review committee had all the available information and my representative on the committee pursued the matter vigorously. I suppose I could have won without that additional help, but in any case, she recognized the unfair way that this particular part of the process was being handled, and went to bat for me. That showed a lot of integrity and commitment to the class action. And thanks to the attorney at Lieff Cabraser, who is nameless to me, but represented me on the CRC. In my case, at least, VW was held accountable to their responsibility.

I really love my 09. It's been an amazing car and served me faithfully for 10 years now. I'll be sad to see it go. I hope it gets the fix and lives on, somehow. It only has 109,000 miles.

I'm thinking hard about buying a '15 GSW to replace it. It's at the top of the list.
 

Diesl

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Congratulations!

On a somewhat (or maybe only remotely) related note, what if Volkswagen can't hold up its end of the contract to fix your car? The DPF in my car keeps cracking; they just replaced DPF + EGR filter for the second time after the fix. Would that constitute 'the remedy not being completed', or whatever the language is? How often do they get to try?
 

utahjd

Member
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Location
Utah
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2009 JSW
There is definitely language in the settlement protecting you from that. I can't remember how many days/visits it is, but there is a hard limit, and once it's reached, vw has to buy the car back. It's something like 4 times for the same code, or 14 days of your vehicle being out of service due to emissions related repairs. Those numbers aren't right, but they are in the ballpark. I don't have time to look right now, but if you can't find it, I can try later tonight.
 

kjclow

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Congratulations!

On a somewhat (or maybe only remotely) related note, what if Volkswagen can't hold up its end of the contract to fix your car? The DPF in my car keeps cracking; they just replaced DPF + EGR filter for the second time after the fix. Would that constitute 'the remedy not being completed', or whatever the language is? How often do they get to try?
Check out post 8 in this thread. I think it's from the 3.0 settlement but am assuming the language is the same for the 2.0.
http://forums.tdiclub.com/showthread.php?t=497497
 

Diesl

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But these failures have to happen within 18 months and 18,000 miles, if I read it correctly. That doesn't look likely in my case; so far it's two failures and about 10 days out of service in 12 months and 13,000 miles. At the current rate, DPF& EGR filter might fail four times during the warranty, but it looks more like 36 months and 36,000 miles than 18 months and 18,000 miles. Bummer.
 
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utahjd

Member
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Nov 15, 2018
Location
Utah
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2009 JSW
Well, after nearly 6 months, I had my buyback appointment this afternoon. My beloved, faithful JSW is headed for the crusher. As a final kick in the teeth, I couldn't find the keys to get my towers and crossbars off the rack (I put them on 9 years and 10 months ago... not surprising I guess), so I guess they're going to the scrap heap as well. The whole thing is a bummer.
 
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