We are at an impasse, that's it. Nothing more, nothing less.So, what are people's on opinion the hypothetical, which of these two scenarios has a higher likelihood of squeaking by and getting a buyback right now (assuming 3.0 cars, both 'salvage' cars are now fully rebuilt, road-going cars that were repaired/re-registered during the correct timeframe to be eligible):
Car A - Totaled and rebuilt/re-registered all before September 18, 2015
or
Car B - Totaled and rebuilt/re-registered, all happening between the dates September 18, 2015 to June 28, 2016
I am up in the air on which scenario is more likely to squeak by right now, because the claims portal specifically asks if the car was salvage titled as of September 18, 2015, which means if you select yes, then you are likely already filtered out automatically by the computer into the 'no-go' group.
So, if the car was totaled/rebuilt after that (like in the scenario with Car B), then you select No, and it seems like it would be up to the manual review to catch it, rather than being automatically dismissed.
HOWEVER, according to the latest status report in December, the phrasing makes it seem like they are only *supposedly* holding back titles that were transferred to an insurance company after September 18, 2015. So (if that were true), that would mean that Car A has a better likelihood of squeaking by right now, as it had the title transferred etc. all before September 18, 2015. That would be assuming that selecting "Yes" on the salvage title question in the claims portal does not automatically dismiss you.
Thoughts?
VW Rejecting Non-Clean Titles?
- Thread starter duratitus
- Start date
fookin
Veteran Member
Yes, impasse or ineptitude, IMHO. It's been stated before on this thread that the hold on salvage cars started around April timeframe and it's at least partially due to restitution claims by people who totaled their car and then a subsequent buyback claim by the new owner of totaled car that has been repaired and re-registered. I'm not familiar with dealers doing same. The buyback includes restitution so in effect VW pays restitution twice. Maybe that's an oversight in the settlement but I have a difficult time reconciling an oversight with the millions of dollars spent on lawyers to resolve a very simple logical scenario.
At the same time it's interesting to note that the Canadian settlement did not have the "AND" statement regarding salvage titles in the settlement. Rather it specifically disqualified eligibility on anything salvage.
At the same time it's interesting to note that the Canadian settlement did not have the "AND" statement regarding salvage titles in the settlement. Rather it specifically disqualified eligibility on anything salvage.
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You know what they say about hindsight...
jibberjive
Veteran Member
I understand that we are at an impasse as far as their intentions to hold up salvage titled cars. I have a feeling that, in spite of their intentions, some rebuilt titled cars have ended up inadvertently making it through their filters though, and that is the kinda the crux of my question.
fookin
Veteran Member
Crickets... 4 more working days left in December. I ready to punt or light a building on fire.
jeffcapp99
Veteran Member
I share your frustration. I just lobbed a phone call into our incompetent (being generous) counsel and got paralegal Max on the phone. He said the claims were still frozen (no ****). I explained many people were told by the 'end of the year' this would be resolved. He said he would look into for me. Have we heard this before? It is like O.J. looking for the real killers of his wife.
No progress on rebuilt title cars.It's ridiculous.
We need decision now.Either make offer or put it in writing,that I am not part of the settlements,so we can sue on our own like the people who opted out.There are other law firms who will gladly accept this case.
https://www.hop-law.com/volkswagen-diesel-recall/contact-us/
We need decision now.Either make offer or put it in writing,that I am not part of the settlements,so we can sue on our own like the people who opted out.There are other law firms who will gladly accept this case.
https://www.hop-law.com/volkswagen-diesel-recall/contact-us/
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fookin
Veteran Member
Do you have any idea what it would cost? Does it make sense to contact a firm as a collective that refers each other? And could could a law firm make this process go any faster at all? Technically, VW is complying, just taking a dubiously long time. I'm not familiar with those ramifications.
I have the exact same thoughts and concerns. I have contacted this law firm - hopefully I can talk to them "in depth" this week. I will keep you posted on this forum. I agree that in all scenarios, we should act as a collective. I want to discuss the strategy with the law firm on how to put pressure on VW to come to a resolution. We need to put pressure on VW to take a position and specify the "new" rules (if any) on how they handle branded title cars.
At this time I would argue that VW is not complying with the current settlement agreement in following areas: 1) we have signed and approved buyback agreements but we cannot turn in our cars, 2) VW blocked our account for all vehicles we have including clean title (non-branded vehicles), 3) VW is not meeting their time-lines specified in the agreement. Can anybody add any other arguments why VW is not complying with the settlement agreement?
jeffcapp99
Veteran Member
Hi E2TDI.
How many salvage titles do you have?
In response to your points -
1. I do not have any signed paperwork - I only have check marks. If you have a signed buyback, I would think that would be enforceable - but I am not an attorney.
2. My account is not locked (I sold some clean 3 litres back.).
3. I worry the judge is not getting the full story. The firm that writes the report makes things look so rosy - they are not for us with salvage title.
Please let us know how the talk with the attorney goes.
I'm in, if I had the time I would assist. I'm not sure if this group needs to be 3.0 only or if it should include 2.0 owners. It is frustrating for sure.
Maybe a list (new thread) of owners, their specific details and if they are on board with getting a lawyer involved? The only negative to this would be that clearly VW can monitor and certainly would be privy to anything posted in an open forum.
jeffcapp99
Veteran Member
I think we need a closed thread open only people that need lawyer help with salvage titles. As you said PSD1, we do not need VW watching us. Most people on this thread have 2.0 salvage needs although some 3.0 salvage titles have been rejected. VW cleaned up the salvage wording in the 3.0 document. Also, I want to help people, but it is unfair if some pay for a lawyer and other watch for free. ie I want to be at the front of the line when these salvages are sold back. Then I will share all knowledge.
The 3.0 and 2.0 liter settlements are separate legal agreements which are worded different. They will require separate (legal) action. As most participants in this forum only have 2.0L vehicles I propose that the 3.0L claimants form a separate thread and have this thread continue for the 2.0L claimants only.
We would not openly discuss our approach and strategy on this forum other than some headlines only. We would use this forum to get members together to form a collective - this will happen in a private way - details to be determined. Then we continue our discussions in a private way amongst group participants.
jeffcapp99
Veteran Member
I am in too. But as I said previously, I think we should give VW until first week of January. That is the date they have promised although I am not optimistic.
Lightflyer1
Top Post Dawg
I thought if you didn't opt out by April 14th 2017 you were included in the class action settlement no matter what. Seems like you are too late to get attorneys now. But whats a few more when you already have hundreds if not thousands feeding on this.
Who promised a resolution for the first week of January? Did you get that from one of the Plaintiff Attorney's?
amizan
Member
3.0 salvage
when you guys say that the 3.0 salvage language was cleaned up, what do you mean? it looks the same to me...
can you elaborate?
when you guys say that the 3.0 salvage language was cleaned up, what do you mean? it looks the same to me...
can you elaborate?
jeffcapp99
Veteran Member
I am not sure I understand the above statement.
That said, we are discussing getting an attorney to help push current inept plaintiff counsel and VW with salvage titled vehicles. As you said, we are past opt out time, we just want to get paid what we are due and VW is not paying.
Lightflyer1
Top Post Dawg
There are many lawyers/firms working on this. Which ones are you going to push? Adding another attorney to push other attorneys seems useless. Kind of like herding cats. But go ahead and try if you want.
jeffcapp99
Veteran Member
I am not aware of other lawyers working on salvage titles. Can you share some names of people or firms that are doing it? According to the buyback report, there are on 335 cars with salvage titles that have been tendered which I believe to be very low. Thanks for your help!
Lightflyer1
Top Post Dawg
There are people from 22 firms at least working on the case overall, from my reading of the document.
If you don't have salvage title vehicles on hold, you haven't talked to VW, VW's council and the PSC like many of us with claims have. If you had, you'd know that the PSC atty's are not actively working on this issue, they're saying they're waiting on the Magistrate to approve some "framework" about which they will share zero information.
There are definitely other attorneys (separate from the PSC) working this issue (so far, AFAIK, only peripherally) for plantiffs outside the PSC.
Numerous people have been told by the PSC atty's and staff to expect a resolution by the end of 2017, going back as far as at least July 2017.
I’m one of them that’s heard from both PSC and VW directly that they “hope” to get a resolution by end of the year. However, nothing in writing that’s binding. So I wouldn’t expect anything in the next few weeks.
I can set up a closed group discussion forum for those with held up claims. How would we verify?
Good question on how to verify participants...
I've also heard about the end of the year resolution from class counsel, I am not hopeful but knew when I bought this vehicle (3.0) that it might not be as simple as a non salvage title.
Attorneys
Great if we can work together get something done, im all for it. In my experience all attorneys on the list mentioned are giving the same responses with no set timeline All cars with an accident history, are under further review, awaiting a magistrate judge etc. I have a clear title they are holding same as the rebuilts and salvage cars, as it has shown it was in an accident in the past.
If anyone else has other attorneys that are working on this might not be bad to get their contact information posted. We do need to organize and work to get something done.
Great if we can work together get something done, im all for it. In my experience all attorneys on the list mentioned are giving the same responses with no set timeline All cars with an accident history, are under further review, awaiting a magistrate judge etc. I have a clear title they are holding same as the rebuilts and salvage cars, as it has shown it was in an accident in the past.
If anyone else has other attorneys that are working on this might not be bad to get their contact information posted. We do need to organize and work to get something done.
1842 TDI
Active member
Count me in.
We can at least apply some pressure and let the judge know that there is a problem with VW not abiding by the settlement.
Please keep us posted.
We can at least apply some pressure and let the judge know that there is a problem with VW not abiding by the settlement.
Please keep us posted.
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Best thing is to identify an atty, sign an agreement with the atty and have the discussions via phone or email with the atty on the line or CC'd.
1842 TDI
Active member
From the 3.0L Settlement
2.65. “Operable” means that a vehicle can be driven under its own 3.0-liter TDI engine power and is in reasonable condition such that it can be driven lawfully and safely on public roads, even if it has a mechanical issue that can be repaired, under a common-sense understanding of what is an acceptable condition for driving. A vehicle is not Operable if it had a Branded Title of Assembled, Dismantled, Flood, Junk, Rebuilt, Reconstructed, or Salvaged on or before September 18, 2015, and was acquired by any person or entity from a junkyard, salvage yard, or salvage dealer after September 18, 2015.
The difference from the 2.0L settlement is the addition of the line "and is in reasonable condition such that it can be driven lawfully and safely on public roads, even if it has a mechanical issue that can be repaired, under a common-sense understanding of what is an acceptable condition for driving."
Under some interpretations, i.e. VW's, this means that a salvage title vehicle is ineligible, but it just says that the vehicle has to be in drive-able condition. It does not say that it cannot have a salvage title and the wording everywhere else still indicates salvage titles are fine.
My salvage title 3.0L was deemed ineligible. I have appealed VW's finding with the PSC. I still have not heard back from them after almost 4 months.