Lawyer referral requested

worldsight · Mar 21, 2017

Can someone provide a referral for a lawyer we can hire to sue Volkswagen for an outstanding payout? VW took possession of our car over a month ago. Because of the unreasonable delay to pay off our loan, we paid off the loan ourselves. As a result, our bank returned the check for the loan payoff to VW. VW is now giving us the run around, we call the center, they say someone will call, then nobody calls.

We're fed up, it's time to sue the bastards, they do not have the right to take possession of the car, and then not pay what they promised. VW is in breach of their agreement.

The amount is small enough that we are also considering small claims court. Has anyone had success with that?

PacCoastFwy923 · Mar 21, 2017

You already have representation as part of the class action, and have probably waived your right to bring further legal action against VW.

You could try pursuing it as you suggest, but even if you were successful, your attorney would take most of the money.

A better course of action would be to become a thorn in the side of your class attorney and make them work for you, then go after any claim for additional compensation through the grievance committee.

I presume you've contacted class counsel already and aren't getting results? All I can say is stick with it, and document everything. It's not ideal, but I think it's your only realistic option at this point.

worldsight · Mar 21, 2017

PacCoastFwy923 said:
You already have representation as part of the class action, and have probably waived your right to bring further legal action against VW.

You could try pursuing it as you suggest, but even if you were successful, your attorney would take most of the money.

A better course of action would be to become a thorn in the side of your class attorney and make them work for you, then go after any claim for additional compensation through the grievance committee.

I presume you've contacted class counsel already and aren't getting results? All I can say is stick with it, and document everything. It's not ideal, but I think it's your only realistic option at this point.

My waiver is null and void unless VW holds up its part of the bargain. It's in a document, and they are in breach of contract. i don't know any judge that wouldn't side with me given the obvious breach. VW has agreed to pay x amount for my car, now they owe me, it's that simple. If I bought a car from you and decided I wasn't going to pay the balance, then you could take me to court to collect your money. That is in fact one of the uses of small claims court.

PacCoastFwy923 · Mar 21, 2017

The counsel that represents you now has an obligation to you. If you try to bring in another party, don't you imagine it would take longer and cost you money to get the same outcome? I have no doubt VW is going to get this right, eventually.

Two questions:

Have you contacted class counsel?

Did you pay the loan off early, or on schedule?

dmarsingill · Mar 22, 2017

This is what is wrong with our country......so many are quick to make a mountain out of a molehill. You will get your money....it will just take a little time. Unless you paid a lump sum, you should only be owed 1 payment. Is that really grounds for suing? If you did make a lump sum, then it is partially your fault for going against the flow of the natural process.

Donald

Yukon4Runner · Mar 22, 2017

People on the forum have had good things to say about the law firm of Dewey, Skrewem and Howe.

maybe368 · Mar 22, 2017

Yukon4Runner said:
People on the forum have had good things to say about the law firm of Dewey, Skrewem and Howe.

That is hilarious, especially the 3rd time

...Mark

chief poncho · Mar 22, 2017

dmarsingill said:
This is what is wrong with our country......so many are quick to make a mountain out of a molehill. You will get your money....it will just take a little time. Unless you paid a lump sum, you should only be owed 1 payment. Is that really grounds for suing? If you did make a lump sum, then it is partially your fault for going against the flow of the natural process.

Donald

Why do folks continue to make excuses for VW's incompetence? This isn't a difficult problem and one that should have been foreseen by VW, especially when they realized they would not be able to process claims in accordance with the court timelines. A simple phone call or better yet, a way to actually communicate with people who have authority to actually do something would resolve problems like this quickly.

Rather Be Biking · Mar 22, 2017

Da

I threatened to bring in the DA and got a check overnighted to me and at my front door the next day. This was three weeks after dropping off the car with promise of next day payment. Car gone, no money, arrestable VW rep on the ground. What DA doesn't want a piece of VW?

maybe368 · Mar 22, 2017

chief poncho said:
Why do folks continue to make excuses for VW's incompetence? This isn't a difficult problem and one that should have been foreseen by VW, especially when they realized they would not be able to process claims in accordance with the court timelines. A simple phone call or better yet, a way to actually communicate with people who have authority to actually do something would resolve problems like this quickly.

Don't bother. Mr Marsingill is a self described "realist" that, coincidently, always seems to fall in the VW fanboy group...Mark

PacCoastFwy923 · Mar 22, 2017

This buyback process is so much more nuanced than what can be represented by sorting people in "whiners" and "VW apologists."

My opinion based on limited info is the original poster is acting rashly and contributed to his own problem by paying the loan early, if that's what happened.

But that's not to say that he's wrong for being angry and looking for solutions. No matter what, 30 days is too long per any reasonable expectation, especially when VW is not communicating that timeline to its customers.

Despite VW's delays and poor communications, they are muddling through this, and I don't believe any of us realistically believe they're not going to pay.

I know there are some here who believe VW is doing this maliciously; I chalk it up to poor planning. No matter, it's what we're stuck with and it only makes sense (to me, anyway) to work within the system to get resolution rather than bring in the complication and expense of outside legal and other tactics.

The only way to get your money faster is to go hold up a dealership.

So to the OP, you have every right to be pissed, and it's not fair you have to jump through all these extra hoops to get your particular situation resolved, but if you really did pay your loan early then at least accept partial responsibility for what's happening. Keep working the contacts you already have and you'll get your money soon enough.

worldsight · Mar 22, 2017

PacCoastFwy923 said:
This buyback process is so much more nuanced than what can be represented by sorting people in "whiners" and "VW apologists."

My opinion based on limited info is the original poster is acting rashly and contributed to his own problem by paying the loan early, if that's what happened.

But that's not to say that he's wrong for being angry and looking for solutions. No matter what, 30 days is too long per any reasonable expectation, especially when VW is not communicating that timeline to its customers.

Despite VW's delays and poor communications, they are muddling through this, and I don't believe any of us realistically believe they're not going to pay.

I know there are some here who believe VW is doing this maliciously; I chalk it up to poor planning. No matter, it's what we're stuck with and it only makes sense (to me, anyway) to work within the system to get resolution rather than bring in the complication and expense of outside legal and other tactics.

The only way to get your money faster is to go hold up a dealership.

So to the OP, you have every right to be pissed, and it's not fair you have to jump through all these extra hoops to get your particular situation resolved, but if you really did pay your loan early then at least accept partial responsibility for what's happening. Keep working the contacts you already have and you'll get your money soon enough.

What kind of BS is this? I paid the loan off early because I don't have a car, and I have to buy another one and I need that loan off my credit record. What kind of a person are you to blame me for VW taking too long to pay off a car loan to the point that I need to pay it off myself? I really should sue VW for much more than just what I got, because I've had this car sitting in the garage undrivable because the DMV refused to register it due to the recall. And I was making bank payments.

Those of you who are apologists for VW are obviously being paid by VW, because NO CONSUMER would side with VW on this matter. They were dishonest, they are still dishonest, and they've actually lost me as a customer for life not because of the Diesel scandal, but because of how this buyback has been handled.

As for those suggesting I call counsel, that counsel can't be bothered to deal with small fries like me, hence all we've got left is to go to small claims court.

I am actually going to take the suggestion from one of the persons here and contact our DA before I file a small claims court case. And if I do file a small claims court case it will be for the full amount allowed at that level for all the time I've had to invest in this just to get paid.

flargabarg · Mar 22, 2017

You're being paid by VW too, you know. They are just very bad at doing it.

You won't be able to take this to small claims court. By participating in the buyback you have waived your right to sue. Read the settlement document.

dmarsingill · Mar 22, 2017

maybe368 said:
Don't bother. Mr Marsingill is a self described "realist" that, coincidently, always seems to fall in the VW fanboy group...Mark

Far from it.....just a realist. I don't get worked up by the un-important things. If it affected my well-being, I would get bent out of shape..

Donald

maybe368 · Mar 22, 2017

flargabarg said:
You're being paid by VW too, you know. They are just very bad at doing it.

You won't be able to take this to small claims court. By participating in the buyback you have waived your right to sue. Read the settlement document.

The fact that he opted in doesn't give VW carte blanc to piss on him. You are about the 40th person to tell him that. Give it a rest, he feels how he feels. I personally think that the State attorney general might be a good place to send a letter or call. You can sue anyone that you want, for just about any reason that you want, not that it will be successful, but you can. Maybe VW's counsel might get tired of getting sued again and put a fire under VW's butts. I am personally for anything that bothers VW, they deserve it and deserve it even more every day that passes. Power to the people

...Mark

maybe368 · Mar 22, 2017

dmarsingill said:
Far from it.....just a realist. I don't get worked up by the un-important things. If it affected my well-being, I would get bent out of shape..

Donald

Just because it is un-important to you, doesn't mean that it is un-important to him, right? And your view of reality might be scewed by whatever and obviously may not be his view, right? Oh, I forgot about Alt-Reality

...Mark

Jimbo70 · Mar 22, 2017

chief poncho said:
Why do folks continue to make excuses for VW's incompetence? This isn't a difficult problem and one that should have been foreseen by VW, especially when they realized they would not be able to process claims in accordance with the court timelines. A simple phone call or better yet, a way to actually communicate with people who have authority to actually do something would resolve problems like this quickly.

maybe368 said:
Don't bother. Mr Marsingill is a self described "realist" that, coincidently, always seems to fall in the VW fanboy group...Mark

You do realize that this a VW TDI ENTHUSIAST website? There are people here who resent the fact that this whole buyback process is happening, and look at us who've taken advantage of it as turncoats. It is at its core a biased, pro-Volkswagen community.

maybe368 · Mar 22, 2017

Jimbo70 said:
You do realize that this a VW TDI ENTHUSIAST website? There are people here who resent the fact that this whole buyback process is happening, and look at us who've taken advantage of it as turncoats. It is at its core a biased, pro-Volkswagen community.

Yes I do realize that, but the extreme negativity is coming from the fanboy side. I would have never used that term if not for all of the venomous attacks on the people that found issue with what VW did. I'll make you a deal, I won't call anyone a fanboy, if they don't call anyone butt hurt. Like I have said, after the first you guys can take VW and shove it...down the road for all I care. And yes, I won't let the door hit me on the way out. The OP has every right to feel the way that he does, if you don't like it, you have every right to ignore it. You also have every right to disparage him, but then you have the right to take what you get. # Alt-reality...Mark

flee · Mar 22, 2017

worldsight said:
What kind of BS is this? (edit) ...because I've had this car sitting in the garage undrivable because the DMV refused to register it due to the recall. (edit)

This is BS. The only recall you need to address is not part of dieselgate.

PacCoastFwy923 · Mar 22, 2017

worldsight said:
What kind of BS is this? I paid the loan off early because I don't have a car, and I have to buy another one and I need that loan off my credit record. What kind of a person are you to blame me for VW taking too long to pay off a car loan to the point that I need to pay it off myself?

I think you're reading about a quarter of my post.

Look, this buyback process has proven to be jacked up and fragile. The early payoff threw a wrench in it -- it broke their machine.

You took a risk. I can't say I expected a bank would refuse a payment on a closed loan. Except that now, in hindsight, it makes sense they'd do that.

So the rest of my reply says that VW is at fault here. They should have anticipated early payoffs. They should have anticipated a lot. They didn't. But they're going to take care of you. You're wasting your time and possibly money searching for alternate means. Use the resources already at your disposal to get this wrapped up. It's going to take a little time no matter what.

Now excuse me, VW invited me out to dinner tonight and I only have ten minutes to get in my tux before their limo arrives.

chief poncho · Mar 22, 2017

PacCoastFwy923 said:
Now excuse me, VW invited me out to dinner tonight and I only have ten minutes to get in my tux before their limo arrives.

Are they picking you up in a TDI?

DanB36 · Mar 23, 2017

worldsight said:
I really should sue VW for much more than just what I got, because I've had this car sitting in the garage undrivable because the DMV refused to register it due to the recall.

Dieselgate isn't, wasn't, and won't be a recall. And the DMV has never, and will never, outright refused to register Dieselgatemobiles*.

There was an ECU flash (campaign 23O6, IIRC) that was supposed to fix the problem, which was available from any VW dealer at no cost. For a while, the DMV was requiring proof that you'd had that done before they'd renew registration. But after it was shown that the 23O6 flash didn't fix the problem, DMV dropped that requirement. And part of the settlement is that states who took any part of the settlement money (which CA definitely did) can't refuse to register Dieselgatemobiles.

If your car sat unregistered and undriven, that's 100% on you--not on VW, and not on the DMV.

* The tinfoil hat crowd will no doubt be along shortly to say that CARB routinely ignores the law and will do whatever it likes, but the settlement, to which they are a party, expressly prohibits them from doing so.

Jimbo70 · Mar 23, 2017

maybe368 said:
Yes I do realize that, but the extreme negativity is coming from the fanboy side. I would have never used that term if not for all of the venomous attacks on the people that found issue with what VW did. I'll make you a deal, I won't call anyone a fanboy, if they don't call anyone butt hurt. Like I have said, after the first you guys can take VW and shove it...down the road for all I care. And yes, I won't let the door hit me on the way out. The OP has every right to feel the way that he does, if you don't like it, you have every right to ignore it. You also have every right to disparage him, but then you have the right to take what you get. # Alt-reality...Mark

You say you realize that, but I don't think you really do. There is a bit of a difference between feeling empathy for people frustrated by the buyback process, and dismissing reality. This is a large, cumbersome process, and sometimes in large, cumbersome processes, not every "what if" scenario is thought of ahead of time, and sometimes things slip through the cracks. That isn't apologizing for Volkswagen, that is stating reality.

maybe368 · Mar 23, 2017

Jimbo70 said:
You say you realize that, but I don't think you really do. There is a bit of a difference between feeling empathy for people frustrated by the buyback process, and dismissing reality. This is a large, cumbersome process, and sometimes in large, cumbersome processes, not every "what if" scenario is thought of ahead of time, and sometimes things slip through the cracks. That isn't apologizing for Volkswagen, that is stating reality.

You can think what you want, correct or not. When I say alt-reality, I am not talking about mine. Vw has had plenty of time to get this down, I have no sympathy or empathy for them. This is their fault, their arrogance is part and partial to all of this. They are getting what they deserve. I can understand fanboys defending them, it is like the parents of a kid that robbed a liquor store and is now in prison. They probably will still love them and maybe even defend them, but they cannot expect their neighbors to do the same...Mark

dmarsingill · Mar 23, 2017

maybe368 said:
You can think what you want, correct or not. When I say alt-reality, I am not talking about mine. Vw has had plenty of time to get this down, I have no sympathy or empathy for them. This is their fault, their arrogance is part and partial to all of this. They are getting what they deserve. I can understand fanboys defending them, it is like the parents of a kid that robbed a liquor store and is now in prison. They probably will still love them and maybe even defend them, but they cannot expect their neighbors to do the same...Mark

Not one time did I defend VW in this thread. What I did say was, Be patient.....you will get your money if it is owed to you. It sounds like to me, his bank screwed up. I really think that you have a problem with people that "go with the flow" and take responsibility for things out of their control.

Donald

maybe368 · Mar 23, 2017

dmarsingill said:
Not one time did I defend VW in this thread. What I did say was, Be patient.....you will get your money if it is owed to you. It sounds like to me, his bank screwed up. I really think that you have a problem with people that "go with the flow" and take responsibility for things out of their control.

Donald

Donald, that post was not directed at you...Mark

worldsight · Apr 1, 2017

flargabarg said:
You're being paid by VW too, you know. They are just very bad at doing it.

You won't be able to take this to small claims court. By participating in the buyback you have waived your right to sue. Read the settlement document.

The settlement document is a two way street, I give VW immunity in exchange for them buying back my vehicle at the declared price. Since VW hasn't held up its part of the agreement, the agreement is null and void and I can sue them. As long as VW is in breach of contract, they are exposed.

PacCoastFwy923 · Apr 1, 2017

I'd suggest that because this remains open under the purview of the court, and because VW has in place the Claims Review Committee to address additional compensation claims, you would have to see the buyback through, then make your claim for additional losses, before proceeding with additional legal action. But I agree you that if you can show monetary losses due to the delays, you ought to be eligible for reimbursement. I have yet to hear of any decisions by the CRC.

S2000_guy · Apr 1, 2017

worldsight said:
The settlement document is a two way street, I give VW immunity in exchange for them buying back my vehicle at the declared price. Since VW hasn't held up its part of the agreement, the agreement is null and void and I can sue them. As long as VW is in breach of contract, they are exposed.

Let us know how this works out for you...

Mark_J · Apr 2, 2017

I am not passing judgment on Worldsight or VW, but he said he paid off the loan after turning in the car and as a result, his bank returned the check for the loan payoff to VW. Which makes sense and of course the check would go back to VW, not him. I am sure the engineers that wrote the program and procedures didn't anticipate a customer paying off their loan rather than VW after returning the vehicle and after VW cutting a check, so they didn't write code or procedures for this. In hind sight I am sure Worldsight would not have paid it off early because seeing as the bank returned the check, his loan would have already been paid off by VW. My loan took 6 weeks to get paid off, which in todays bureaucracy, I didn't consider that too bad. In the mean time I paid one payment to keep things current and my credit union credited that payment back to my checking account once VW paid it off. That is what is great about these forums, the rest of us can learn from others mistakes.

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