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.
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.