Here is reply from EPA I just got today.
Thank you for your email. The EPA is not managing the buyback program, so I am unable to look up your specific claims. We refer questions about buyback logistics 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 am including the information below in hopes that it helps add clarity to your situation, for your vehicles with rebuilt titles. I 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, “Rebuilt” 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.
Under the settlement, VW may elevate review of certain claims. That may be what you are experiencing. I recommend that you contact class counsel, and check in with VW periodically for updates to your claims.
Sincerely,
Brianna Iddings
Vehicle and Engine Enforcement Branch
Air Enforcement Division
Office of Civil Enforcement
U.S. Environmental Protection Agency
I emailed back:
Non of these vehicles had rebuilt title as of September 8 2015 and they were and are operable.
The problem is VW is holding all such claims over a year now and there is nothing we can do-they will not deny the claim-they will just let the sit in the portal with no decision ,which is clear violation of the settlement and clean air act.
The counsel will not do anything.Me and many other people contacted them many,many times and all we hear is that they are working on it.First they said by Sept 2017,then by end of the 2017 and nothing.
It has been close to one YEAR now.
Please help.
