VW Rejecting Non-Clean Titles?

dslgate said:

This is in addition to emailing Mr. Cohen and the Ankura folks. I have spoken to Mr. Cohen a couple times and, while he did not speculate about the likely outcome, he said the plantiff's side was well aware about possible arbitragers from the beginning and said he viewed them as performing a beneficial service.

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This is very interesting. I guess I'm not clear exactly on this context but this sounds like a contradiction to what I've heard from lawyers at Lief Cabrasser in regard to "spirit" of the settlement. Don't get me wrong, I'm all for this apparent contradiction. But, I don't get how it's a beneficial service.

jeffcapp99 said:

dslgate - Was Cohen referring to people with clean or salvage titles?

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During our discussion of arbitrage, we didn't discuss any specific title status.

fookin said:

This is very interesting. I guess I'm not clear exactly on this context but this sounds like a contradiction to what I've heard from lawyers at Lief Cabrasser in regard to "spirit" of the settlement. Don't get me wrong, I'm all for this apparent contradiction. But, I don't get how it's a beneficial service.

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Yeah, I have read a lot of the troubling things reported on this forum as coming from the folks at Lief Cabrasser- offering opinions that are legally irrelevant to the documents.

We spoke on the phone so I do not have any quotes, but Mr. Cohen expressed that the arbitragers could serve at least two beneficial purposes:

1) Provide instant, no-strings liquidity by buying a car from an owner who wants cash now or doesn't want to deal with the process

2) Buying and returning to VW cars that might otherwise not be taken off the road, thereby reducing net pollution.

First responce from EPA /Same old story but at least they are getting it

Dear xxxxxxxxx
The EPA is not managing the buyback program. We refer questions about the buyback program to the class counsel, who is handling issues with buyback logistics. I suggest you contact them at Class Counsel Email: info@vwclasscounsel.com or Class Counsel Phone: 1-800-948-2181.

I send you the information below in hopes that it helps add clarity to your situation. Your vehicle title may not contain any of the labels below, but I do hope this information is helpful.

Under the 2.0 Liter Settlement Agreement, a vehicle must be “operable” in order to qualify as an “eligible vehicle”. A vehicle is not “operable” if it had a branded title of, among other things, “Salvaged” as of September 18, 2015, and was acquired by any person or entity from a junkyard or salvaged after September 18, 2015. I have included relevant language from Appendix A to the consent decree below as well as a link to the EPA’s settlement if you wish to review it.

From Appendix A of the 2.0 Liter Settlement (First Partial Consent Decree):

2.8 “Eligible Vehicle” means any 2.0 Liter Subject Vehicle that is: (1) listed in the table immediately below this Paragraph; (2) registered with a state Department of Motor Vehicles or equivalent agency or held by a dealer not affiliated with Settling Defendants and located in the United States as of June 28, 2016; and (3) Operable as of the date the vehicle is brought in for the Buyback, the Lease Termination, or Approved Emissions Modification.

2.10 “Operable” means that a vehicle so described can be driven under its own 2.0-liter TDI engine power. A vehicle is not Operable if it had a branded title of “Assembled,” “Dismantled,” “Flood,” “Junk,” “Rebuilt,” “Reconstructed,” or “Salvaged” as of September 18, 2015, and was acquired by any person or entity from a junkyard or salvaged after September 18, 2015.

A copy of the EPA’s settlement can be found here: https://www.epa.gov/enforcement/thi...al-and-20l-partial-and-amended-consent-decree.

Sincerely,

Brianna Iddings
Vehicle and Engine Enforcement Branch
Air Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agenc

GolfTDISA said:

Dear xxxxxxxxx
The EPA is not managing the buyback program...

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The response is somewhat non sequitur but at least they had to read it. We're not asking for better management of the program, we want our claims processed.

Delays

The whole point of this is to have a voice, be noticed with all involved in the settlement process. If emails are sent to the appropriate agencies we are getting responses, not the ones we may want right now but its on record.

Here are the emails addresses of all, just write a quick note advise you are delayed and updates are not accurate or provided, anything is better than nothing.

EPA Emails:
OTAQ@epa.gov

Iddings.Brianna@epa.gov

FTC Email: jcohen2@ftc.gov

COURT APPOINTED CLAIMS SUPERVISOR
john.hays@ankura.com
THE CRC
crc@vwcourtsettlement.com

LEAD ATTORNEY Class Counsel
pgnguyen@lchb.com
ecabraser@lchb.com

It would be good to see this

https://www.ft.com/content/b30ed834-fcaf-11e7-9b32-d7d59aace167

Dirty Money, Netflix — tracking the familiar trajectory of corporate guilt
The first episode of new documentary series drills deep into the Volkswagen diesel scandal

I emailed Ankura's principals that were posted earlier here and received a response along the lines of the relevant parties are working toward a resolution to the branded title issue.

My reply to their reply follows:

Mr. Geddes, Mr. Hays-

Thank you for the quick response!

Unfortunately the response does not address my question.

Your reply says, [we are working on the issue...]

My question (in statement syntax) was: "Please help me understand why Ankura took this [that is, working toward a resolution] as an acceptable stance when it contradicts the settlement."

The problem with that response is that there should be no resolution to work toward. The settlement outlines how my branded title claim should be handled. It states that the subject vehicles are INCLUDED except for the named exceptions, and my vehicle and hundreds like it are not excepted. To be excepted for brand, the vehicle had to be branded ON September 18, 2015 and purchased from a junkyard thereafter.

MY VEHICLE AND DOZENS LIKE IT WERE NOT BRANDED ON SEPTEMBER 18TH, 2015 AND SHOULD THEREFORE BE INCLUDED IN THE SETTLEMENT AS WRITTEN.

I eagerly await your response to my concern.

Thanks Again!
Tyler

dslgate said:

...along the lines of the relevant parties are working toward a resolution to the branded title issue.

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Funny how they keep talk about an issue that doesn't exist. They are disregarding the settlement under the guise that there's an issue.

fookin said:

Funny how they keep talk about an issue that doesn't exist. They are disregarding the settlement under the guise that there's an issue.

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I think there probally ARE legit issues, as was explained to me by the PSC atty I talked to:

1) Fraud: I know there was that batch of cars stolen that someone sold to people who tried to then do the buyback, people swapping vins from TDI's onto gas cars, title fraud, etc. BUT a little legwork on the part of the claims processing people could weed that stuff out pretty easily, but VW doesn't seem to want to be burdened by that.

2) Double compensation: If VW truly did pay out restitution on a car, then I show up with it for a buyback then either a) they should abide by the settlement and pay us both, or b) we should split the restitution or c) they should buy the car back for the buyback amount and hold the restitution amount in escrow until there's a solution, or whatever, there's a number of possible resolutions..... but just refusing to pay out or look at the claims or even DISCUSS the issue with the claimant for 9 months is totally absurd.

I fired off several emails after lunch. I'm anxiously awaiting my canned response(s).

gtmule said:

I think there probally ARE legit issues, as was explained to me by the PSC atty I talked to:

1) Fraud: I know there was that batch of cars stolen that someone sold to people who tried to then do the buyback, people swapping vins from TDI's onto gas cars, title fraud, etc. BUT a little legwork on the part of the claims processing people could weed that stuff out pretty easily, but VW doesn't seem to want to be burdened by that.

2) Double compensation: If VW truly did pay out restitution on a car, then I show up with it for a buyback then either a) they should abide by the settlement and pay us both, or b) we should split the restitution or c) they should buy the car back for the buyback amount and hold the restitution amount in escrow until there's a solution, or whatever, there's a number of possible resolutions..... but just refusing to pay out or look at the claims or even DISCUSS the issue with the claimant for 9 months is totally absurd.

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3) Paying out for a car that under ordinary circumstances would have been stripped of parts and sold for scrap, but instead was brought back to life to some minimal extent for the sole purpose of profiting from the buyback deal.

gtmule said:

I think there probally ARE legit issues, as was explained to me by the PSC atty I talked to:

1) Fraud: I know there was that batch of cars stolen that someone sold to people who tried to then do the buyback, people swapping vins from TDI's onto gas cars, title fraud, etc. BUT a little legwork on the part of the claims processing people could weed that stuff out pretty easily, but VW doesn't seem to want to be burdened by that.

2) Double compensation: If VW truly did pay out restitution on a car, then I show up with it for a buyback then either a) they should abide by the settlement and pay us both, or b) we should split the restitution or c) they should buy the car back for the buyback amount and hold the restitution amount in escrow until there's a solution, or whatever, there's a number of possible resolutions..... but just refusing to pay out or look at the claims or even DISCUSS the issue with the claimant for 9 months is totally absurd.

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This is very well said and I think it summarizes the nuance of the issue very well.

Those are all valid points and opinions, but whatever the issue/s are ? how hard is it to inform us with just one letter or email ; this and that is the issue until Judge decides we can not do anything, but no communication for 9 + months that is the issue.
Our council gives us smoke screen answers they need to decide on something but they do not know on what ?.. In my opinion be the owner of the only one or 1000 cars that to me doesn't matter, just informing us that does. Nobody is taking anybody else's money that is not already dedicated to that certain car or vin number. If VW doesn't pay they will keep the money themselves as a reward. Think of this VW messed up 11 million cars in total ,(totally lied on Advertising , on all the laws etc so it is ok for them to lie and make money and God forbid someone else makes profit legally. In my opinion they already got away with a murder, 600,000 it nothing to pay in the big picture. It is not even 600000,it is if 485000. (now also please remember we had Sandy NY flood I would guess about 20,000 were alone destroyed in that ,Florida Texas etc you get the pictures)
Also not every salvage car gets a fix ,some are damaged beyond any repair .
If they can not pass safety inspection they should not be on the road and they would not be considered Roadworthy. I think another issue is , that the contract is written in such a confusing manner, the mixed up all the branded titles together , where there is clear difference in between them, 1) Clean title 2) Rebuilt/ restored (very legal to resell and register roadworthy )
and all other 3) flood, parts only ,hail, fire, etc salvage category (not legal to register unless fixed ,not road legal nore road worthy ) .

GolfTDISA said:

Our council gives us smoke screen answers they need to decide on something but they do not know on what ? .

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You keep forgetting they aren't your council or attorneys and have no obligation to you at all, as class members.

dslgate said:

I emailed Ankura's principals that were posted earlier here and received a response along the lines of the relevant parties are working toward a resolution to the branded title issue.

My reply to their reply follows:

Mr. Geddes, Mr. Hays-

Thank you for the quick response!

Unfortunately the response does not address my question.

Your reply says, [we are working on the issue...]

My question (in statement syntax) was: "Please help me understand why Ankura took this [that is, working toward a resolution] as an acceptable stance when it contradicts the settlement."

The problem with that response is that there should be no resolution to work toward. The settlement outlines how my branded title claim should be handled. It states that the subject vehicles are INCLUDED except for the named exceptions, and my vehicle and hundreds like it are not excepted. To be excepted for brand, the vehicle had to be branded ON September 18, 2015 and purchased from a junkyard thereafter.

MY VEHICLE AND DOZENS LIKE IT WERE NOT BRANDED ON SEPTEMBER 18TH, 2015 AND SHOULD THEREFORE BE INCLUDED IN THE SETTLEMENT AS WRITTEN.

I eagerly await your response to my concern.

Thanks Again!
Tyler

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Great reply.

dslgate said:

I've decided I am just going to update my day count and send a new tweet @VW every day.

If a few of you have cars to add we could create a lot of tweets on their official pages.

https://mobile.twitter.com/LageTyler/status/955608304851587072

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This is actually a really great idea (for those that have outstanding claims with VW and who use twitter [or who are willing to set up a twitter account for themselves, if they don't already have one]).

Lightflyer1 said:

You keep forgetting they aren't your council or attorneys and have no obligation to you at all, as class members.

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According to the court appointed Independent Claims Supervisor, Ankura Consulting; Class Counsel has been has been appointed to represent class members in this matter.

drsven said:

According to the court appointed Independent Claims Supervisor, Ankura Consulting; Class Counsel has been has been appointed to represent class members in this matter.

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It seems like you're new to this thread, so I'll just let you know not to feed the troll. He has no vested interest in this thread, and just he pops up every few days or so with a contrarian reply, to whip people up.

The word council was used referring to attorneys. What I said holds true for them.

The legal documents say for Ankura:

CLAIM SUPERVISOR ANKURA CONSULTING GROUP
• Monitor implementation and compliance
• Report to court
• Respond to all parties

https://www.cand.uscourts.gov/filelibrary/2798/PSC_Preliminary_Approval_Presentation.pdf

I doubt Ankara has the power to decide who the class council represents. That is already legally defined in a class action suit.

From Ankura today

Dear Mr. XXXXX,

Thank you for contacting Ankura Consulting.

We have been appointed by the Court to serve as the independent Claims Supervisor to oversee Volkswagen’s progress and compliance with the settlement. Among other things, the Claims Supervisor has the responsibility to monitor Volkswagen’s compliance with the claims process in accordance with the express terms of the Resolution Agreements submitted by the parties and approved by the Court. Please understand that we do not work for Volkswagen and we are not administering the claims process.

The Claims Supervisor will continue to monitor each claim that Volkswagen receives, as well as the company’s timeliness in the review process, and report the results so that issues related to Volkswagen’s compliance with the Resolution Agreements may be addressed by the parties with the Court.

Because Volkswagen is administering the claims process, only they may provide information for specific claims. Therefore, we ask that you reach out directly to Volkswagen’s customer support center for information on your situation.

If you still have questions, you may choose to confer with Class Counsel, as they have been appointed to represent you in this matter. Contact information for Class Counsel can be found in the Long Form Notice, or they may be reached at info@vwclasscounsel.com.

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

1220 19th Street, NW, Suite 700
Washington, DC 20031
ankura.com

Just a thought

I got the exactly the same response from Ankura group , doesn't surprise me at all, every road points to class council again and again. Ankura group should report on all the issues but it doesn't. So let us all email to class council again, but this time let's include and ask them what Judge will be deciding on this matter, maybe it is not Bryer this time, which I highly doubt.
This in not 1989 , it is 2018 everything that is scheduled in Courts it is listed on the Judge's Web (internet website )Calendar. That would be a good proof, that something is being done.
http://www.cand.uscourts.gov/CEO/cfd.aspx?7134

http://www.cand.uscourts.gov/crb/vwmdl/final-settlement-2-Liter

Looking for other options, I reached out to Senators Harris and Feinstein of CA today. Not because I am from CA (I am not), but because of the work that CARB did with the settlement.

Email Contacts

Here are the emails addresses of all again, dont want others to have to look for it, please just write a quick note advise you are delayed and updates are not accurate or provided, anything is better than nothing. If anyone else has other email address of senators or ? to include pm me and i will include it. Thanks for sending the emails, we have to do something, so do all involved in enforcing the settlement, doing nothing hasnt helped hopefully this will.

Vw willfully accepted all brands of titles with accident history early last year, many made purchases because of this, the smoke show, delay game has gone on long enough. Lets all do our part

EPA Emails:
OTAQ@epa.gov

Iddings.Brianna@epa.gov

FTC Email: jcohen2@ftc.gov

COURT APPOINTED CLAIMS SUPERVISOR
john.hays@ankura.com
THE CRC
crc@vwcourtsettlement.com

LEAD ATTORNEY Class Counsel
pgnguyen@lchb.com
ecabraser@lchb.com
johtdi is offline

dslgate said:

Looking for other options, I reached out to Senators Harris and Feinstein of CA today. Not because I am from CA (I am not), but because of the work that CARB did with the settlement.

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Great idea. What contact info did you use? No senator is likely as militant, or has as much sway as, ones from CA.

Senators

jibberjive said:

Great idea. What contact info did you use? No senator is likely as militant, or has as much sway as, ones from CA.

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If you google their names, you should get their main contact portals at senate.gov

I emailed the Claimant's Council about my car which has been in prior salvage limbo (sitting at docs submitted) for nine months.

Paraphrased response from Mr. Nguyen: The CRC has a number of appeals on salvage vehicles and your appeal will be responded to in writing when they have reviewed it...

My response:
-----------------
Mr. Nguyen.

Thank you very much for your prompt reply! It means a lot to me to be heard when there is a lot of stalling and finger pointing going on related to this case.

Unfortunately, I may have miscommunicated. My vehicle has not been rejected. Therefore I cannot file an appeal with the CRC.

Rather, my vehicle has been sitting in limbo for NINE MONTHS when VW has nominally 30 DAYS to go from docs submitted to a buyback offer.

While not a better option, if I were rejected I would have at least had closure to this process that is quickly approaching TEN TIMES IT'S COURT ALLOWED LENGTH!

Again, an appeal is not in order here because I have not been rejected.

For the record, I would understand a rejection if my vehicle had a salvage title ON 9/18/15 and was bought from a junkyard AFTER 9/18/15. This is the only group of salvage vehicles excluded from the settlement and the subject vehicle does not fit in this group.

Volkswagen has been allowed to delay a buyback to which I am entitled by 8 months by creating a salvage-title smoke screen that is not in the settlement as written.

Please let me know what the Claimant's Council can do to hold VW accountable to the settlement as written.

Thanks again for your responsiveness!

I eagerly await your reply.

-----------------

I am also keeping Mr. Cohen looped in to nearly all correspondence I send requesting help.

Further,
as of the filing of the instant fee application in November 2016, Class Counsel reserved an
additional 21,000 hours to “(1) guide the hundreds of thousands of Class Members through the
remaining 26 months of the Settlement Claims Period; (2) assist in the implementation and
supervision of the Settlement, including by participating in the Claims Review Committee, as
outlined in the Final Approval Order (Dkt. No. 2102 at 46); and (3) defend and protect the
Settlement on appeal, among other things.”

http://www.cand.uscourts.gov/filelibrary/2982/3053-Order-Granting-PSC-s-Motion-for-Fees-for.pdf

Lightflyer1 said:

The word council was used referring to attorneys. What I said holds true for them.

The legal documents say for Ankura:

CLAIM SUPERVISOR ANKURA CONSULTING GROUP
• Monitor implementation and compliance
• Report to court
• Respond to all parties

https://www.cand.uscourts.gov/filelibrary/2798/PSC_Preliminary_Approval_Presentation.pdf

I doubt Ankara has the power to decide who the class council represents. That is already legally defined in a class action suit.

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Back in June, I sent a letter to the CRC, with documentation, that basically said that (a) I was an original new vehicle owner, (b) that the vehicle was damaged on Nov 25, 2016, (c) that I had a 'certificate of salvage' (not a salvage/rebuilt title), and that my documents were continually being rejected as incorrect.

In October, they asked for proof of purchase, and moved me to step 15...where I still am.

Yesterday, I got this email from the CRC:

We write to notify you of the decision on your appeal to the Court-appointed Claims Review Committee. The Claims Review Committee is composed of one representative from Volkswagen, one representative from Settlement Class Counsel, and a Court-appointed “Neutral,” who is called upon to resolve any disagreements between the Claims Review Committee’s other members, should they arise. Under the terms of the 2.0-Liter Class Action Settlement, determinations by the Claims Review Committee constitute final decisions that are not subject to any further appeal.

The Claims Review Committee has carefully reviewed your appeal and determined that the issue(s) raised in your appeal letter already have been resolved. If you believe this to be in error, please contact us by email at crc@vwcourtsettlement.com or by mail addressed to Claims Review Committee, P.O. Box 214500, Auburn Hills, MI 48321. You should provide a brief explanation of why you believe the issue raised in your appeal letter has not yet been resolved and provide supporting documentation, if any, that you wish the Claims Review Committee to review in connection with your appeal.

So, the fact that my 'documents are in order and under review to determine if I'm eligible' resolves the issue in their mind is hardly complete. Maybe they really are serious about doing something by Jan 31 (Wednesday next week). But I doubt it.

Senator contacts


Senator Contacts:

https://www.harris.senate.gov/contact/email

email info@kamalaharris.org

Tel: (202) 224-3553 Tel: (213) 894-5000

......
https://www.feinstein.senate.gov/public/

Email: senator@feinstein.senate.gov

Tel: (202) 224-3841 Tel: (310) 914-7300

EPA Emails:
OTAQ@epa.gov

Iddings.Brianna@epa.gov

FTC Email: jcohen2@ftc.gov

COURT APPOINTED CLAIMS SUPERVISOR
john.hays@ankura.com
THE CRC
crc@vwcourtsettlement.com

LEAD ATTORNEY Class Counsel
pgnguyen@lchb.com
ecabraser@lchb.com

Update

You guys try to input california address zip code otherwise senators will not respond.


Thank you for sending me your electronic mail message. I appreciate your taking the time to share your thoughts with me.

Because of the volume of e-mail that is received by my office, we can only respond to email that includes a California postal address. Please resend the text of your e-mail message, including your postal address, and I will respond to you as soon as possible.

Should you need additional information about the Congress, or my offices in Washington and California, please visit my homepage on the World Wide Web. The address is http://feinstein.senate.gov.

Thank you again for contacting me, and I hope you will continue to do so in the future.

Sincerely,

Dianne Feinstein
United States Senator