Restitution payment after purchase of fixed used 2015?

BKmetz, yes, this is extremely helpful. I think I am in the exact same situation as you, just haven't explored the potential of receiving an additional restitution payment yet. I will do the same.

Just to clarify, your vehicle was previously owned, and the previous owner turned the car over to VW on the Emissions buy-back (so the original owner received payment on the trade-in value of the car plus restitution payment already), then VW completed Phase 1 of the emissions fix, then you purchased the vehicle from a VW dealer, and after doing your due diligence, you are seeing the potential to received a restitution payment in the future when you have Phase 2 of the emissions fix completed - is this correct?

I would have thought that, if the previous owner received a buy-back payment from VW, then all the VW money that was on the table for that vehicle would have already been paid out, so there is no restitution money left to pay a new owner at the completion of phase 2 of the emissions fix. I hope I'm wrong and that you are successful - means I have a chance to be successful as well.

Keep us posted when you hear back from the VW claims portal if your claim is accepted or not.

BKmetz said:

I bought a used 2015 Passat SE TDI 6-speed manual buy-back car last month with ~29.6k miles on it from a VW dealer.

I plugged the VIN into the VIN look-up portal. It verified the date of the phase-1 update and that I am eligible for around ~$2,500 restitution.

I have my paperwork ready to go and I'm going to FAX it in in a few days.

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So you bought a non Buy Back car. Good luck

It says right in the post it was a buy back car from a VW dealer who had already done phase 1 of the fix. From my discussions with LC counsel these cars are eligible for the current owner to get phase 2 done and get the 2nd part payment. But the new leftover 2015's (like mine) that had never been registered before aren't eligible.

Lightflyer1 said:

It says right in the post it was a buy back car from a VW dealer who had already done phase 1 of the fix. From my discussions with LC counsel these cars are eligible for the current owner to get phase 2 done and get the 2nd part payment. But the new leftover 2015's (like mine) that had never been registered before aren't eligible.

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This is all sounding to good to be true. I'm hoping this is the case. Has anyone made a claim through the portal for this exact situation and was officially accepted to be eligible for Phase 2 restitution payment when the Phase 2 fix is available and completed?

In other threads, I thought it was clear that, on a previously owned buy-back, that owner already received both parts of the payment (vehicle return value plus full restitution). For 2015 models getting fixes, the restitution is distributed between the 2 phases. I thought if the prior owner already was paid the full restitution on buy-back, there was no restitution money available from VW for another buyer buying the car with Phase 1 already done, but Phase 2 still needed in the future. In fact, I thought some submitted claims through the portal for this exact situation and were denied. I'm hoping I got this wrong and I will seek a claim soon.

Just what I was told by the attorneys. May have changed by now or they misunderstood my question. I bought a new left over 2015. I inquired to the LC group and was told my car was not eligible due to not being registered when required. But that those that were registered then would be eligible. But they may have meant if you bought one from a private seller that had already had the phase 1 done you would then get the phase 2 payout when completed. Buy backs excluded. That document leaves a lot to be desired when it comes to addressing everything. Not to mention you can't get a decent or definitive answer from anyone involved.

93celicaconv said:

BKmetz, yes, this is extremely helpful. I think I am in the exact same situation as you, just haven't explored the potential of receiving an additional restitution payment yet. I will do the same.

Just to clarify, your vehicle was previously owned, [CORRECT]

and the previous owner turned the car over to VW on the Emissions buy-back [CORRECT]

(so the original owner received payment on the trade-in value of the car plus restitution payment already), [CORRECT]

then VW completed Phase 1 of the emissions fix, [CORRECT]

then you purchased the vehicle from a VW dealer, [CORRECT]

and after doing your due diligence, you are seeing the potential to receive a restitution payment in the future when you have Phase 2 of the emissions fix completed - is this correct? [CORRECT]

I would have thought that, if the previous owner received a buy-back payment from VW, then all the VW money that was on the table for that vehicle would have already been paid out, so there is no restitution money left to pay a new owner at the completion of phase 2 of the emissions fix. I hope I'm wrong and that you are successful - means I have a chance to be successful as well.

Keep us posted when you hear back from the VW claims portal if your claim is accepted or not.

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You have absolutely nothing to lose if you register your car and start the claims process.

Plan B:
What if VW rejects my claim? I will email the general council with a copy of VW's reward offer and see what they say. IF the general council says I am due nothing, then this is where it stops. IF the general council says I am still entitled to my reward offer I will ask which is the best way to approach VW, have the general council contact VW or use the appeals process.

Since this is a phase-2 payout that won't happen until sometime in 2018, time is on my side.

Dont see this happening but... in for answers.

My wagon went for buyback. A week later I bought a buyback / phase 1 golf.

BKmetz, let us know what you find out from your claim submission.

I ran mine and also see the portal telling me I have a phase 2 restitution payment available when Phase 2 fix is completed. I'm skeptical as well, as I seem to remember this on other threads where applicants were denied after submission, even though the portal said they had a payment option on phase 2 fix. I'd like to see someone who actually gets such an approval. I can't submit mine yet because I haven't registered/titled mine yet (have 30 days after sale to do so, and I want to use the plates (tags) from my 2010 for my 2015 purchase, but my 2010 won't be turned back in until Dec 4, so I won't be able to register/title my 2015 until later that week. Once I get the registration/title, I'll be able to complete my submission on the portal, but it will be a week at least yet.

93celicaconv said:

BKmetz, let us know what you find out from your claim submission.

I ran mine and also see the portal telling me I have a phase 2 restitution payment available when Phase 2 fix is completed. I'm skeptical as well, as I seem to remember this on other threads where applicants were denied after submission, even though the portal said they had a payment option on phase 2 fix.

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this was my experience - portal said i was eligible for restitution, but i was denied after putting in a claim. oh well, still got a practically brand new '15 TDI for the long haul.

St.Hubbins said:

this was my experience - portal said i was eligible for restitution, but i was denied after putting in a claim. oh well, still got a practically brand new '15 TDI for the long haul.

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When you purchased your practically brand new '15 TDI, was it previously registered where the prior owner had VW buy it back? Was it from a VW dealer? Was Phase 1 already completed prior to your purchase?

My prediction: VW will not be paying more than they have to in either buybacks or phase fixes, they will take there time and relay the bad news to each owner trying to double dip the system.

If the title went back to Ann Arbor MI, it was bought back. Submit all the paperwork you want, at least St Hubbins admits VW told him he gets no more money.

For what I see only way to make money is if any owner who bought a '15 and had phase 1 performed by the previous owner and then traded it at market rate to a dealer, VW or third party.

VW is not going to be buying back a car at 20-30K and then shell out another 2-3K after they sold the car a wholesale prices.

But I'm excited to see what happens with BKmetz

Same here. I'm not clear if BKmetz and St.Hubbins have the exact same situation at play. Mine is like BKmetz after getting answers to some questions I had. If St.Hubbins also has the exact same situation, then a precedence has been set which I doubt will be altered by other future claims having the same situation. I just really want to know.

In a way, I could see VW offering a 1/3rd restitution payment to buyers of Phase 1 fixed vehicles that were previously registered - it could help them achieve their compliance goals set by the EPA & CARB. If previously registered and Phase 1 fixed TDIs don't offer a 1/3rd restitution offer to new owners, I can see the new owners having little incentive to get Phase 2 fixes completed. And not completing Phase 2 fixes means those vehicles will not be in compliance with EPA & CARB accepted fixes by VW, which could cost VW more in penalties. Hence the interest in seeing how this all plays out.

Is there a faster way to see how much the restitution is going to be other than going through and registering the vehicle through the portal? My friend is interested in a Passat so he did it once but now I'm looking at Golf/Sportwagens and I don't really want to run each individual car I'm interested in through a portal registration process.

740GLE said:

But I'm excited to see what happens with BKmetz

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Faxed in my claim on Thursday eve, Nov 30. No reply yet.

When I uploaded my claim forms on the portal for my 2010 Jetta TDI Cup Street Edition (which was stated was the quickest way to get action on), it took a week. I suspect your faxed method will take longer than a week. Not only that, but the 2nd stage took me an additional 1.5 weeks. I'll bet your final decision will take 3-4 weeks, if not more with the upcoming holidays.

Correct me if I'm wrong - but isn't half the reason for the additional restitution to get the cars in the door to fix (as they have to fix a certain number of them per the suit?)?

I've got a buyback SEL wagon that I've "unfixed" already. But, I've got the stock flash ready to go back on *if* there's gonna be monies coming my way. If not, I've also got a CR190 and some exhaust just begging to be installed. Not to mention an IRS suspension that needs a certain storage tank removed first to install. No more restitution, and they won't see my car for any other "fix", and I'm sure I'm not the only one.

FWIW - I did file the claim, it went through for a week or so, and came back as ineligible. I don't particularly care either way, but I don't see them hitting their target number without some enticement.

73Thing, if your buyback SEL wagon had Phase 1 already completed and the prior owner got full restitution and return value on it when it was bought back, then you are at least the 2nd person who saw eligibility in the claim portal, but who was denied when the claim was processed. I haven't heard of anyone's claim being accepted in this situation yet.

In a previous post, your point about getting something to cause the vehicle to be brought in for the Phase 2 fix was my point also. But I think because VW already paid 100% of the vehicle restitution to the prior owner on buyback, there is no restitution money on the table left to pay you for getting the Phase 2 fix.

Just be aware your action to "unfix" the Phase 1 flash voids your extended emissions warranty, even with your Phase 1 "stock flash" available to you and if you use it (ECU flashes are dated, so a return to Phase 1 fix stock flash will show it was done well after the Phase 1 fix date, which flags and alteration done outside of the emissions fixes and voids the extended emissions warranty). You may not particularly care about that, but many do, given the extended emissions warranty covers 100% of the engine components and the complete fuel and exhaust systems for quite a long time.

93celicaconv said:

When I uploaded my claim forms on the portal for my 2010 Jetta TDI Cup Street Edition (which was stated was the quickest way to get action on), it took a week. I suspect your faxed method will take longer than a week. Not only that, but the 2nd stage took me an additional 1.5 weeks. I'll bet your final decision will take 3-4 weeks, if not more with the upcoming holidays.

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Not a problem. I can wait.

Now on my 2014 that I'm selling back, I'm getting fast responses. I faxed my claim in and I received a 'Received & Review' acknowledgement email within 48 hours. Another email said my wife & my ID photos were unreadable (no surprise there). So I scanned them, upsized them, cleaned them up a bit to get a better photo, and uploaded them. I received an acknowledgement email within 24 hours saying my information was received and has been accepted. Right now I'm waiting for the official buy-back offer.

93celicaconv said:

73Thing, if your buyback SEL wagon had Phase 1 already completed and the prior owner got full restitution and return value on it when it was bought back.

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How in the bloodly heck can someone own a car have phase 1 fix performed and then have the car bought back (BB being VWoA cutting a fat juicy check)? Impossible, its an either or, not both.

Only way would be phase 1 performed, then traded at any dealer at market rate, completely independent of VWoA.

73Thing said:

Correct me if I'm wrong - but isn't half the reason for the additional restitution to get the cars in the door to fix (as they have to fix a certain number of them per the suit?)?

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Sure but what's the carrot for the NOS 2015 that were sold since last April to bring us back to get phase 2 fix? Guess they'll have to use the stick.

740GLE said:

How in the bloodly heck can someone own a car have phase 1 fix performed and then have the car bought back (BB being VWoA cutting a fat juicy check)? Impossible, its an either or, not both.

Only way would be phase 1 performed, then traded at any dealer at market rate, completely independent of VWoA.

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740GLE, you are putting a sequential order to the events that I did not intend to create. If the opposite sequence of events happened (vs. how you ordered it), then my question is very possible. Prior owner turns in vehicle for full buy-back, then VW completes Phase 1 and sells the car, and new owner has a car that was a buy-back and has Phase 1 fix completed.

An update on my claim:

After I faxed my info in I forgot to go to the portal and check the box that I was sending in my info by FAX. The process was stalled until I did so. I did that tonight and now I received the email saying my info is being reviewed. So I'm back on track.

Not that there is any hurry on this anyway.

VWGOA says the following regarding payout on a CPO 15 Jetta

I less than one month ago purchased a 2015 Jetta TDI CPO from a VW dealer with 29k on it. Obviously phase 1 has been completed.
I registered and began the process of submitting a claim for the phase 2 part coming up through VWGOA. The below text is their determination of a payout I MAY get as a result.
Anything more I cannot tell you. It is now a wait and see game. Fingers crossed.
Thoughts on this are welcome. My first post so please be kind.
-------------------------
Ownership
Do you currently either own or lease this vehicle? Yes
Which of the statements below most accurately describes the ownership or lease of this vehicle? I own this vehicle. There is an outstanding loan attached to the title that I make payments on.
Did you purchase this vehicle at the end of a lease from Volkswagen Credit, Inc. or Audi Financial Services? No
Please enter the date that you purchased or began leasing the vehicle: 11/17/2017
Vehicle Details
Odometer reading 29,257
Odometer reading Exact
Has the odometer ever been broken, altered or replaced? No
Did your vehicle have a Branded Title of Assembled, Dismantled, Flood, Junk, Rebuilt, Reconstructed, or Salvaged on September 18, 2015? No
Was your vehicle acquired by any person or entity from a junkyard or salvage yard after September 18, 2015? No
Can your vehicle be driven under its own 2.0L TDI engine power? Yes
Your Options
Preferred Option:
Emissions Modification & Extended Emissions Warranty
(if approved by EPA & CARB)
Amount VW Will Pay You:
$ 2,173.64
Subsequent Modification:
$ 2,173.64

I got the same thing from the portal. I submitted my claim to get approval, and the process was easy and fast. Unfortunately, my claim was denied (I purchased a 2015 Passat TDI SEL Premium CPO from a VW Dealer with 11k miles on it where Phase 1 was done prior to my purchase). My claim decision is consistent with what I've seen from others in this forum, so I wasn't expected approval. If BKmetz also gets a denied claim, I think he has additional connections I don't have to dig deeper into it. My claim was denied stating my vehicle was not eligible. I would have thought the portal would have shown that at the very beginning, but it did not (showed same thing 2015JettaTDINC posted, just with a restitution value a little north of $2,700).

Good luck, BKmetz.

93celicaconv said:

If BKmetz also gets a denied claim, I think he has additional connections

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I can assure you I have no connections, let alone any additional connections, of any kind.

If and when I am denied, I am emailing the general council for clarification. Maybe the GC will get VW to correct its website and remove misleading information.

BKmetz said:

I can assure you I have no connections, let alone any additional connections, of any kind.

If and when I am denied, I am emailing the general council for clarification. Maybe the GC will get VW to correct its website and remove misleading information.

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What I'm saying is I don't have the email addresses for phone numbers of any source to reach out and ask questions (such as what makes our vehicles ineligible). I don't know where to get them. You have it though.

93celicaconv said:

What I'm saying is I don't have the email addresses for phone numbers of any source to reach out and ask questions (such as what makes our vehicles ineligible). I don't know where to get them. You have it though.

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The Class Council contact information is not hard to find, but you do have to know where to look for it. Start here
https://www.vwcourtsettlement.com/en/

and select the 2.0L link.
https://www.vwcourtsettlement.com/en/2-0-models/

Scroll down to 'Court Documents, Forms & Notices' and select the first item, 'Approved Class Action Settlement Agreement.' then click the 'Long Form Notice.' This is a PDF that you might have to download to read.
https://www.vwcourtsettlement.com/wp-content/uploads/documents/PSC/Approved%20Exhibit%203%20-%20Long%20Form%20Notice.pdf

Pages 25 & 26, Section 54: 'Do I have a lawyer in the case?' 'Yes. The Court has appointed a number of lawyers to represent all class members as “Class Counsel,” without charge to you. They are:' There is a table with 22 law firms listed, I'm not going to list them all here. If I need to contact the Class Council, I'll use the Chicago law firm.

Adam J. Levitt
Grant & Eisenhofer P.A.
30 North LaSalle Street, Suite 1200
Chicago, IL 60602

I hope this helps you.

Looking at getting back in the TDI game. The 2015's are cheap and I miss mine. The warranty looks great as well. Here is the question. I talked to the service dept. at my dealership and they claim the DPF won't be covered under the new warranty? How is that possible? They may clog up way faster now than before with the fix. Any thoughts or info?

Snufalufagus said:

I talked to the service dept. at my dealership and they claim the DPF won't be covered under the new warranty? How is that possible? They may clog up way faster now than before with the fix. Any thoughts or info?

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Looks like they are giving you some bad information.
The published information shows the DPF is covered by the Extended Emissions Warranty.

It has been posted here by some that if your DPF needs replacing before the first fix, they want to charge you for a new one. After the fix it is on them. Except for the 2009's that had an integrated dpf setup. They are covered before and after.