Buy Back Value

I searched this forum and did not find anything that addresses my concerns.

I registered my 2014 Passat SE TDI 6MT within a few of days VW opening its portal. I chose the 'FIX' option. As we all know there is now a fix for all the Gen-1, Gen-2, & Gen-3 cars EXCEPT for the Gen-2 2012-2014 Passat 6MTs. Who knows if a fix is ever coming.

I decided I would sell my 2014 back to VW when I found a replacement car. I found a very nice replacement car. I bought a nice low mileage 2015 Passat SE TDI 6MT that has the phase-1 fix and the extended warranty.

I logged back on to the portal and checked my 2014's buy-back value with the higher mileage it now has. The current buy-back is around $2.5k less than when I first registered the car for the fix. I understand how VW calculates the value using the NADA guide. I also understand I chose to keep the car and drive it instead of selling it back right away. By driving the car and adding miles, I lowered its value. I am a high mileage driver.

Here is my rub: I chose to keep the car in good faith that VW would come out with a fix. I'm not trying to get anything from VW that I'm not entitled to. VW is the one who is not keeping its end of the bargain. When i change my 2014's status to 'BUY-BACK' and get VW's offer, and that offer will be lower, do I have recourse to ask for the original buy-back price? Has anyone else negotiated a high offer based on this circumstance?

The settlement agreement doesn't address this situation with any significant detail.

Case 3:15-md-02672-CRB Document 1685-3 Filed 07/26/16 Page 17 of 29

22. How does continuing to drive my car affect my compensation?

Continuing to drive your car an average of 12,500 miles per year (around 1,000 miles per month) or fewer will not reduce your compensation under the Class Action Settlement. In fact, if you drive few enough miles per month, your payment might increase. Adjustments for driving more or fewer than 1,000 miles per month going forward will be based on NADA mileage tables.

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All input is welcome.

BKmetz said:

I am a high mileage driver.

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All vehicle values are directly linked to the odometer reading. No matter what brand of car you have, it will be worth less every mile you drive it.

BKmetz said:

VW is the one who is not keeping its end of the bargain.

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The settlement agreement specifically states how driving more than 12,500 miles per year will affect the buyback amount. What part of the bargain aren't they keeping?

BKmetz said:

Has anyone else negotiated a high offer based on this circumstance?

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No, no one has gotten to drive over the 12.5k annual limit for free.
Honestly, VW really made a step of good faith to even allow the 12.5 k to be driven without affecting the buyback amount. Try finding one other car that you can drive that much with no devaluation!

BKmetz said:

The settlement agreement doesn't address this situation with any significant detail.

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Is goes into great detail to address vehicle values based on mileage. It's not VW's fault you decided to wait for a fix that was never guarenteed.

I guess I'm failing to understand why your car is worth as much as one with fewer miles?

Is this a joke?

The buyback calculation in the claims portal specifically has ENTER CURRENT MILEAGE, then AVERAGE MONTHLY MILEAGE, then DATE OF BUYBACK and it gives you the amount.

The only person to blame is YOU for not reading the calculation on the website.

BKmetz said:

The settlement agreement doesn't address this situation with any significant detail.

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I'm curious as to what detail you think is missing. It describes in great detail how the value is calculated, and the effect of mileage on the value. It also contemplates the possibility that VW will not be able to get a fix approved for some or all of the affected vehicles--in those cases, you'll still be able to sell the car back. It seems straightforward enough. What's missing?

LOL, I find the hostility amusing. I will clarify what I'm asking. Based on this part of the settlement agreement,

Case 3:15-md-02672-CRB Document 1685-4 Filed 07/26/16 Page 9 of 9

6. Contested Claims Review by Claims Review Committee. If a Claimant or a purported Claimant contests the eligibility decision or whether compensation was accurately calculated pursuant to Exhibit 1, that Claimant may appeal the contested decision to the Claims Review Committee by completing and mailing the requisite form to VW Court Settlement, Attn: Contested Claim, P.O. Box 214500, Auburn Hills, MI, 48326. Determinations by the Claims Review Committee will constitute final determinations

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has anyone successfully contested a claim and received a higher award? That's the gist of what I'm asking. I explained my reason for inquiring. I'm not saying I agree or disagree with my settlement numbers, only if someone has contested their offer and negotiated for a higher award. If someone has, I would like to know how it went. I will answer my own question: based on the replies so far, obviously not.

What are my options if I don't agree with VW's settlement amount?

Case 3:15-md-02672-CRB Document 1685-3 Filed 07/26/16 Page 22 of 29

39. What happens if it turns out that the EPA does not approve a modification for my car? What are my options?

If no emissions modification is approved for your Eligible Vehicle by May 1, 2018, you will be notified. You may then choose a Buyback, but must submit a complete and valid claim by no later than September 1, 2018 and obtain your remedy by no later than December 30, 2018. Alternatively, you may choose to withdraw from the Class Action Settlement altogether, by June 1, 2018. If an emissions modification is approved for your vehicle after May 1, 2018, you may still choose to have your vehicle modified, however there will not be any Restitution Payment associated with any emissions modification that is approved after May 1, 2018.

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So in summery if I refuse to take VW's settlement, I can withdraw from the Class Action Settlement altogether, add myself to the 'Opt Out' list, pursue independent avenues for recourse, or take the fix without compensation. None of these options are acceptable so I will be submitting my claim soon.

Now we come to the part where a member submits a report post that a thread has run it's course and could a mod/admin please lock it. I don't need to give myself permission.

I was sent this by PM this afternoon.

As of August 21, 2017, a total of 937 appeals (0.2% of all claims) had been filed by consumers challenging determinations made by Volkswagen related to, among other issues, eligibility decisions and award calculations. The CRC issued decision letters in connection with 107 appeals in which the Volkswagen and Class Counsel representatives agreed on the outcome. Of those 107 appeals, no Claims Program eligibility or award determinations by Volkswagen were reversed. The following is a summary of the CRC’s decisions:

The CRC denied 67 appeals;

The CRC ruled in in favor of the consumer in one instance; (The CRC awarded the consumer an additional payment for expenses incurred as a result of the delay in the receipt of the payoff check by the consumer’s lender.)

The CRC ruled partially in favor of the consumer in two instances; (The CRC awarded the consumers an additional payment for expenses incurred as a result of delays in the receipt of payoff checks by their respective lenders. However, the consumers’ requests for compensation for the time they
spent in pursuing their appeals were denied.)

For 23 consumers, the CRC advised that the issues that were the subject of the appeal had previously been resolved, thus mooting the appeal; and In 14 instances, the CRC advised the consumer that he or she may be eligible for benefits, provided that a new claim be submitted for review and consideration.

The CRC has also reached agreement on the outcome of an additional 150 appeals, and consumers will be notified of those decisions in the near future.

As of August 21, 2017, the CRC has not issued any decisions in which the Volkswagen and Class Counsel representatives did not agree on the outcome.

The CRC representatives will continue to review appeals and issue decisions throughout the Claims Program.

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So the appeal process works as I thought it would. It's there, but it's set up to work as an arbitration clause. Good luck using it.

I am posting this as a follow up.

Jan 3, 2018: car was turned in to VW, buy back specialist was very nice. The specialist signed off on the buy-back quote from VW.

Jan 3, 2018: I receive an email receipt for the car from VW and I should expect an email from Chase to set up the EFT with 3 business days.

Jan 4, 2018: received the email at 10pm from Chase and set up the online account for the EFT. Money is to be transferred in 3 business days.

Jan 8, 2018, Chase deposited my money.

I sold the 2014 for more than what I paid for my 2015 so it's all good.