If I buy a phase 1 fixed car, am I eligible for money when I get phase 2 done?

If I buy 2015 TDI Golf that has had phase 1 done, am I eligible to collect phase 2 money when I have phase 2 done?

I am currently shopping and this will definitely impact my buying decision.

It depends.

If the car was a VW buy-back, then 100% of the restitution was paid out to the original owner who sold it back to VW - on this kind of car, you will not get a restitution payment.

If the car had only Phase 1 done by the original owner, then only 2/3rds of the restitution was paid out thus far. If that owner subsequently sold the vehicle prior to having Phase 2 done, then 1/3rd of the restitution is still on the table available for the next owner. I would say a previous owner would not typically handle their car like this.

You are suppose to get the second payment, from the second (and final) fix.

Except I was denied, even though I bought back when the final fix was not even available (only first stage fix was done).

VW does whatever they want.

Zawurah said:

You are suppose to get the second payment, from the second (and final) fix.
Except I was denied, even though I bought back when the final fix was not even available (only first stage fix was done).
VW does whatever they want.

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I always assumed once you bought a car with phase 1 you knew what you were getting into and weren't getting any money, whether they knew what phase two was at the time or not. I tried and got denied, but I knew there was a good chance that'd happen. I'm fine with it also.

No. VW denied my claim on my 2015 Passat that only had Phase 1 done when I purchased it.

I also got denied on my 15 GSW, did file an appeal. With my second car it wouldn’t even let me file a claim with that vin. We’ll see what CRC says. (CRC did side with me before on 2 of my claims for buybacks). From my understanding if stage 1 fix was done by an owner you qualify. If it was a dealer or a buyback with stage 1 only you won’t qualify for restitution and it won’t even let you open a claim with that vin.

Can anyone point out specifically from the contract why it would be denied?

I didn’t own the car when the scandal broke, I wasn’t expecting any restitution as they already paid the full buyback amount on this VIN.

BroncoAZ said:

I didn’t own the car when the scandal broke, I wasn’t expecting any restitution as they already paid the full buyback amount on this VIN.

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You are eligible for the fix but not restitution, all you need is to provide the claim number to schedule an appointment with the dealer even if it’s a denied claim.

yurkin89 said:

You are eligible for the fix but not restitution, all you need is to provide the claim number to schedule an appointment with the dealer even if it’s a denied claim.

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I work as a consultant with my local dealer, they treat me very well. They have my Phase 2 scheduled for 8/23. I had to put it off a bit so I would have 40,001 or more miles on it.

BroncoAZ said:

No. VW denied my claim on my 2015 Passat that only had Phase 1 done when I purchased it.

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BroncoAZ said:

I didn’t own the car when the scandal broke, I wasn’t expecting any restitution as they already paid the full buyback amount on this VIN.

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And that is why they denied your claim. VW is only paying once on any given vehicle. If you bought a vehicle that had been bought back, VW already paid out on that vehicle. Phase 1 was already done because they couldn't sell the vehicle without that. Phase 2 is still pending but there's no money in it because they already paid out on that vehicle.

Bear in mind that there still is one incentive to do phase 2 ... it resets your extended emissions warranty (both the time and the mileage). I am not sure if there is a deadline to how long you could delay it and still get this.

yurkin89 said:

I also got denied on my 15 GSW, did file an appeal. With my second car it wouldn’t even let me file a claim with that vin. We’ll see what CRC says. (CRC did side with me before on 2 of my claims for buybacks). From my understanding if stage 1 fix was done by an owner you qualify. If it was a dealer or a buyback with stage 1 only you won’t qualify for restitution and it won’t even let you open a claim with that vin.
Can anyone point out specifically from the contract why it would be denied?

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I was denied on the same situation with purchasing a CPO 2015 VW Passat TDI SEL Premium that had Phase 1 completed before I purchased it back in Nov 2017. I also filled an appeal with the CRC, and received a confirming denied response back from the CRC. I don't think there is anything in the settlement that clearly states why a subsequent owner can be denied. Many in this forum state that an owner previously (on buyback) received the complete payment from VW and that VW has paid all it will ever pay to that owner that sold it back, so no money left on the table for subsequent claims by future owners on the same vehicle.

If you get a different decision by the CRC on your appeal, please let us all know. If they allow one through, they have to allow all.