If someone buys an unclaimed used 2.0 TDI on 2/1/18 are they entitled to a buyback?

Dr Chill · Jan 27, 2017

Curious if cars previously not claimed via the portal can still be purchased and fully participate in restitution or buyback at full or reduced $.

sierra3 · Jan 27, 2017

Haven't seen any of these since 30 days after settlement was approved. I bet the one you are looking at has a salvaged title. Make sure it is completely clean or you will be stuck.

Dr Chill · Jan 27, 2017

That didn't answer my question.

DanB36 · Jan 27, 2017

sierra3 said:
I bet the one you are looking at has a salvaged title. Make sure it is completely clean or you will be stuck.

False, as has repeatedly been discussed here.

To the OP, yes, such a car would be eligible for the buyback at full restitution, if you could find one.

bizzle · Jan 27, 2017

DanB36 said:
False, as has repeatedly been discussed here.

To the OP, yes, such a car would be eligible for the buyback at full restitution, if you could find one.

Let's be careful here. Reports are starting to come in regarding branded titles being rejected and, as you know, VW is also demonstrating an unwillingness to abide by the terms of the written settlement.

I agree with you that the settlement does not exclude a vehicle in this situation, but there are enough examples on the forum indicating this could become a potential headache.

Dr Chill · Jan 27, 2017

I just called the support number from the portal and the person who answered said not entitled to $ as did her supervisor. Am I missing something?

bizzle · Jan 27, 2017

Yes, the support personnel have demonstrated a lack of awareness regarding the actual settlement terms in the past. If you want to pursue this and be certain of eligibility, read the settlement documents in their entirety and/or contact class counsel.

Fourplay · Jan 27, 2017

Dr Chill said:
I just called the support number from the portal and the person who answered said not entitled to $ as did her supervisor. Am I missing something?

Yes, the claims hotline is helpless.

The car you described above is eligible and would receive full restitution.

DanB36 · Jan 27, 2017

bizzle said:
Let's be careful here. Reports are starting to come in regarding branded titles being rejected and, as you know, VW is also demonstrating an unwillingness to abide by the terms of the written settlement.

The only such report I've seen (or, at least, that I remember) is that of @LeahPharmD (if I got that right), and in her case, the title was branded after she started the process and said it wasn't. I expect her situation will be resolved, though it may require starting over with the claim (which would be a PITA). Are there other examples you can think of?

I'd also add that I bought an eligible 2-liter vehicle on 7 Oct, at a price that would still return a decent profit if I were to sell it back. They're few and far between, but they aren't all gone (yet). Whether any will be there a year from now, nobody knows.

sierra3 · Jan 27, 2017

DanB36 said:
False, as has repeatedly been discussed here.
To the OP, yes, such a car would be eligible for the buyback at full restitution, if you could find one.

Dan, could you explain and/or point me to the discussion. The ONLY cars I can find have salvage titles. Why is that? Because the 'investors' are passing on them?
The following wording from the long form would scare me off....but it's your risk.
The following entities and individuals are excluded from the class:
<deleted- not applicable>
• Owners whose Volkswagen or Audi 2.0-liter TDI vehicle (i) could not be driven under
the power of its own 2.0-liter TDI engine on June 28, 2016, or (ii) had a branded title of
assembled, dismantled, flood, junk, rebuilt, reconstructed, or salvage on September 18,
2015, and was acquired from a junkyard or salvage yard after September 18, 2015;

DanB36 · Jan 27, 2017

sierra3 said:
Owners whose Volkswagen or Audi 2.0-liter TDI vehicle (i) could not be driven under the power of its own 2.0-liter TDI engine on June 28, 2016, or (ii) had a branded title of assembled, dismantled, flood, junk, rebuilt, reconstructed, or salvage on September 18, 2015, and was acquired from a junkyard or salvage yard after September 18, 2015;

Yes, you've found the relevant language. Now read it carefully. A car is excluded under this provision only if (1) it had a branded title on 9/18/15, and (2) it was sold by a junkyard or salvage yard after that date. If the car has a title that was first branded after 9/18/15, and it's otherwise eligible and operable, it isn't excluded for the branded title. If it was branded before 9/18/15, and sold by a junkyard before that date as well, that doesn't exclude it. If the title was branded before 9/18/15, but never changed hands after that date, that doesn't exclude it. You can probably come up with other scenarios yourself.

sierra3 · Jan 27, 2017

Thanks...looks like that 'and' perhaps should have been an 'or'. Such is the life of VW.

843tdi · Jan 27, 2017

Dr Chill said:
Curious if cars previously not claimed via the portal can still be purchased and fully participate in restitution or buyback at full or reduced $.

The answer is yes it is eligible as long as no prior claim has been paid on it. Cars to avoid picking up that late would be 2015 2.0l and 2013-15 3.0l as they may have had the fix which disqualifies them and some salvage title cars all other qualified models would still be eligible for buy back.

Armby · Jan 27, 2017

sierra3 said:
Thanks...looks like that 'and' perhaps should have been an 'or'. Such is the life of VW.

Yes, I think 'or' may have been intended. In the proposed Canadian settlement either one of those conditions exclude you from collecting. Looks like they corrected it for us Canucks

bizzle · Jan 28, 2017

843tdi said:
Cars to avoid picking up that late would be 2015 2.0l and 2013-15 3.0l as they may have had the fix which disqualifies them

A fix doesn't disqualify a 2.0L from the buyback settlement unless you meant the vehicle has already been fixed and is back on the market.

That's interesting information regarding the Canadian settlement. Requiring both conditions to be true for disqualification never made sense to me.

DanB36 · Jan 28, 2017

bizzle said:
A fix doesn't disqualify a 2.0L from the buyback settlement unless you meant the vehicle has already been fixed and is back on the market.

Yes, it does. From the FTC Consent Order's definition of Eligible Vehicle on pages 7-8:

V. “Eligible Vehicle” means Model Year 2009 through 2015 Volkswagen light-duty vehicles equipped with 2.0-liter TDI engines that . . . (4) have not been modified pursuant to an Approved Emissions Modification.

Once the car has had the fix applied, it is no longer eligible for the buyback other than under the lemon law-like provision (which provides no restitution).

bizzle · Jan 28, 2017

That's what I wrote

Dr Chill · Jan 28, 2017

About to put a deposit on the vehicle but waiting for confirmation the car has not had the software fix for phase 1. I will require them to put that in writing as part of the deal.

DanB36 · Jan 28, 2017

Dr Chill said:
About to put a deposit on the vehicle but waiting for confirmation the car has not had the software fix for phase 1. I will require them to put that in writing as part of the deal.

You can check that yourself, as long as you have the VIN, at https://www.vwdiesellookup.com/.

Dr Chill · Jan 28, 2017

Thx. Car not listed as part of the settlement. Any chance it can have the software upodate and not be part of the settlement? I wonder what the status of HighPlainsDrifter's car would be since they flashed his software without his approval and not scheduling it via the portal. Gonna PM him.

gcodori · Jan 31, 2017

Dr Chill said:
Thx. Car not listed as part of the settlement. Any chance it can have the software upodate and not be part of the settlement? I wonder what the status of HighPlainsDrifter's car would be since they flashed his software without his approval and not scheduling it via the portal. Gonna PM him.

Well there has been one report of a car going in for an unrelated issue and having the fix applied to the car without the owners knowledge. Huge mistake - not sure of the outcome yet...

emeraldzippy · Feb 1, 2017

sierra3 said:
• Owners whose Volkswagen or Audi 2.0-liter TDI vehicle (i) could not be driven under
the power of its own 2.0-liter TDI engine on June 28, 2016[/I]

I'm still confused how they would determine this; by looking at previous registration and determining if it was road legal on that exact day? That might be pretty easy to do, if history shows an accident/total loss before June 28 2016, and the next title event and registration doesn't get recorded until after that date.

A friend has a 2010 whose history reads as such:

-Registration Renewal 5/11/2012
-Emission Inspection 10/29/2012, 22,200 miles
-Reported at Auto Auction 10/19/2015, 49,900 miles
-Odometer reading 11/6/2015, 49,900
-Title (Leased Vehicle), Salvage, Possible Total Loss- Vehicle titled/registered to an Insurance Company 11/9/2015

I'm not sure how to advise them, as it checks out on the portal, but the day of the "total loss" accident is unknown.

DanB36 · Feb 1, 2017

emeraldzippy said:
I'm still confused how they would determine this;

Really, I don't know either. I'm pretty sure that if the car can be driven under its own power now, it's fine, irrespective of what its previous history might have been (what if a car with perfectly clean title and no accident history had just been in the shop on 6/28/16?). But if not, and the claim is being made that it was drivable on 6/28/16, I really don't know how that would be shown. I'd have to expect that would be decided on a case-by-case basis though.

emeraldzippy · Feb 1, 2017

Thanks Dan, glad to know I'm not alone in the small amount of fog on that one.

Also, if the title is not branded on 9/18/2015, why should that owner/car be ineligible just because they waited until after 6/28/2016 to rebuild/retitle and make road worthy...if I had it in disrepair on that date and just couldn't pay to fix it beforehand, it doesn't mean I've only repaired it to take advantage of the buyback.

I'd expect to start seeing the outcome of more cases like this on here soon. Seems like so far, so good: my buyback is scheduled and had an accident on 5/2016, and wasn't Title/Salvaged until 9/2016...maybe my case was a lucky one.

fookin · Feb 17, 2017

So if I buy a 2011 2.0 TDI today that was branded "salvage" just this January 2017 and the prior owner had never filed a claim then I am eligible for a buyback or adjustment?

duratitus · Feb 19, 2017

^^^ Yes you are, if it is driveable, and you can obtain a government issued registration to submit to VW.
Most states would require the car to undergo a inspection to obtain a rebuilt title status before issuing you a registration for the car.

LeahPharmD · Feb 20, 2017

DanB36 said:
The only such report I've seen (or, at least, that I remember) is that of @LeahPharmD (if I got that right), and in her case, the title was branded after she started the process and said it wasn't. I expect her situation will be resolved, though it may require starting over with the claim (which would be a PITA). Are there other examples you can think of?
I'd also add that I bought an eligible 2-liter vehicle on 7 Oct, at a price that would still return a decent profit if I were to sell it back. They're few and far between, but they aren't all gone (yet). Whether any will be there a year from now, nobody knows.

YUP= I had to "restart the claim" .... at day 13 post submission waiting to hear what they say...

ujames · Feb 21, 2017

DanB36 said:
False, as has repeatedly been discussed here.

To the OP, yes, such a car would be eligible for the buyback at full restitution, if you could find one.

If someone in the lease buys out the car, my understanding is that this person wouldn't qualify for a full buyback. But what I were to then buy this car from the prior lessee, would I qualify?

Read the settlement and couldn't find explanation on eligibility for this situation.

If someone buys an unclaimed used 2.0 TDI on 2/1/18 are they entitled to a buyback?

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