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Dieselgate - VW Group Emission Scandal Discussion around the VW Dieselgate Emissions scandal. Details and news updates can be viewed here: http://forums.tdiclub.com/showthread.php?goto=newpost&t=448336 This forum is a work in progress depending on requirements, usage, etc.

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Old February 20th, 2018, 15:06   #1
Mxrado
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Default Half restitution for 2nd generation with no previous claims.

Hi. I have been waiting since September for a decision on a review for previous claims on my Audi Q7, now I got the offer letter in the mail but for half of the restitution.

I called the hotline as I was by the previous owner that they didnít put a claim on it. They were the original owners. Now, I was told hat because I bought it in July of 2017, I am only eligible to half of the restitution regardless if they were previous claims on it or not!!!

Is this correct? I cannot find wording in the settlement documents that states this!! I got a Cayenne in February of 2017 and got full restitution! To me it does not make any sense at all!!! Sick and tired of these guys incompetence!

Any help to point some legal stuff to these guys or to shut me up would be appreciated!!
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Old February 20th, 2018, 15:51   #2
Lightflyer1
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Why don't you just contact the lawyers and have them guide you? That is supposed to be their job.
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Old February 20th, 2018, 15:52   #3
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Quote:
Originally Posted by Mxrado View Post
Hi. I have been waiting since September for a decision on a review for previous claims on my Audi Q7, now I got the offer letter in the mail but for half of the restitution.
I called the hotline as I was by the previous owner that they didnít put a claim on it. They were the original owners. Now, I was told hat because I bought it in July of 2017, I am only eligible to half of the restitution regardless if they were previous claims on it or not!!!
Is this correct? I cannot find wording in the settlement documents that states this!! I got a Cayenne in February of 2017 and got full restitution! To me it does not make any sense at all!!! Sick and tired of these guys incompetence!
Any help to point some legal stuff to these guys or to shut me up would be appreciated!!
If you get an offer letter for half restitution, it's because someone claimed half. I bought 20+ cars after July 2017 and received full payments on about 75% of them. The others did indeed have prior claims, and I received offer letters for half restitution.
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Old February 20th, 2018, 16:04   #4
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I was on the phone w class counsel just now. She said they are in negotiations w vw currently about the spirit of the settlement and people trying to profit instead of real people being damaged. They may not do buybacks on cars purchased in late 2017 or 2018 or do fixes on cars( she said you could get fix done if they allowed it but would not pay you) on people deemed to be profiteers. They are putting them all on hold and have no date for next hearing. May go to the end of the settlement in 2019. She sid same w salvage titles. There is no timeline at all.
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Old February 20th, 2018, 17:00   #5
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Ok that is interesting. However how do they decide who is profiting on this? I bought a Porsche to replace my 2010 Q7. The wife decided to go back to Q7 so I sold the porche after the fix. I did not profit on it, as by the time I paid taxes and lost money on the trade in I was even...

This seems unlawful and unfair to the consumer as there is no wording in the settlement and to take it in their own hands seems unfair.

I will get ahold of the class counsel but my experience was they were slow to respond...

I will drag it until the end if necessary, but it is a shame as it was their wrong doing and if people are profiting itís still their fault... this is BS and Audi has pretty much lost a customer for life and that is the feeling of many owners... I love Audiís but theyíve just gone too far with this.
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Old February 20th, 2018, 18:03   #6
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That is up to the courts to decide ... but given that you now own a vehicle that you bought with knowledge of VW's cheating, you cannot claim that you were financially harmed ... you "knew, or ought to have known".
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Old February 21st, 2018, 04:29   #7
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While I cannot claim to have any sympathy for those persons who are basically making a business out of Dieselgate (i.e., buying multiple vehicles on the market to sell at a higher amount to VW under the terms of the settlement), I do have certain issues with what VW is <apparently> doing:
1. People have been doing this successfully, and for quite a while, some of them with quite a few vehicles. So, in effect, there is a history of people doing this since the buyback period began.
2. While I do not claim to know the legal agreement chapter and verse, I have gone over the 2.0 settlement on VWs, and I don't remember reading anything in there about adhering to the 'spirit' of the agreement, or in any way defining owners who have been 'damaged' and those who have not.

*Disclaimer: I am in the camp of most TDI owners. We have one car, the Passat indicated in my sig, which was bought new in 2013 and which we will turn in later this year for the buyback.
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Old February 21st, 2018, 05:11   #8
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This is BS by some paralegal.
The settlement count in dealers,which in definition do it for profit,so if they wanted to exclude people turning in cars for profit-they would exclude dealers first-they specifically included them.
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Old February 21st, 2018, 07:02   #9
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Quote:
Originally Posted by Motodude View Post
I was on the phone w class counsel just now. She said they are in negotiations w vw currently about the spirit of the settlement and people trying to profit instead of real people being damaged. They may not do buybacks on cars purchased in late 2017 or 2018 or do fixes on cars( she said you could get fix done if they allowed it but would not pay you) on people deemed to be profiteers. They are putting them all on hold and have no date for next hearing. May go to the end of the settlement in 2019. She sid same w salvage titles. There is no timeline at all.
Ask for this in writing.
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Old February 21st, 2018, 15:09   #10
Mxrado
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Quote:
Originally Posted by Motodude View Post
I was on the phone w class counsel just now. She said they are in negotiations w vw currently about the spirit of the settlement and people trying to profit instead of real people being damaged. They may not do buybacks on cars purchased in late 2017 or 2018 or do fixes on cars( she said you could get fix done if they allowed it but would not pay you) on people deemed to be profiteers. They are putting them all on hold and have no date for next hearing. May go to the end of the settlement in 2019. She sid same w salvage titles. There is no timeline at all.
They might be trying to pull this off, I called again and was told the same story by a different agent. In the notes they put that because I bought in July 2017 I would only get half. It is infuriating and I think we should start getting louder on this with VW because they are not following the terms of he settlement and are arbitrarily sending this decisions, who knows how many people are falling for this, and VW getting away with it.

I was told to just appeal the decision by sending an email to CRC, which I intend to do, but I imagine with all these appeals going on, theyíre work load is pretty heavy.

Still disappointing on VW to try and get away with bending the settlement terms!
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Old February 21st, 2018, 15:19   #11
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Originally Posted by Mxrado View Post
They might be trying to pull this off, I called again and was told the same story by a different agent. In the notes they put that because I bought in July 2017 I would only get half. It is infuriating and I think we should start getting louder on this with VW because they are not following the terms of he settlement and are arbitrarily sending this decisions, who knows how many people are falling for this, and VW getting away with it.

I was told to just appeal the decision by sending an email to CRC, which I intend to do, but I imagine with all these appeals going on, they’re work load is pretty heavy.

Still disappointing on VW to try and get away with bending the settlement terms!
Not they might be, I was told again today that they are indeed doing that and you may be happy to get half payment as I was told they are trying to not pay at all on these for buybacks and not pay at all on fixes either. Was told the settlement is a negotiable document and that it is able to be changed along the way by the judge. She said if I was you I would try to sell the car now because you may get anything from VW and the wait is going to be long.

Last edited by Motodude; February 21st, 2018 at 16:55.
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Old February 21st, 2018, 15:50   #12
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Originally Posted by Motodude View Post
Not they might be, I was told again today that they are indeed doing that and you may be happy to get half payment as I was told they are trying to not pay at all on these for buybacks and not pay at all on fixes either. Was told the settlement is a negotiable document and that it is able to be changed along the way by the judge. She said if I was you I would try to sell the car now because you may get nothing from VW and the wait is going to be long.
Wait, what? Who exactly told you to sell your car now because the settlement is negotiable to the point of complete reversal of itself? Does that person have special access to a judges future decision?
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Old February 21st, 2018, 17:03   #13
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Wait, what? Who exactly told you to sell your car now because the settlement is negotiable to the point of complete reversal of itself? Does that person have special access to a judges future decision?

Someone I have spoken to 2 times from leif cabreser or whatever thelead counsel name is. She said if you want money anytime soon, it may be best to try to sell the car on my own. She said this is the stance VW is standing to and they will have all claims on hold until they get it resolved. She said as of now there is no hearing set and it sounds like from what they have heard it is going to drag until end of settlement in 2019. Someone else on the board called and talked to someone else from cabreser and they said they were told the same thing.
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Old February 21st, 2018, 17:28   #14
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Originally Posted by Motodude View Post
Someone I have spoken to 2 times from leif cabreser or whatever thelead counsel name is. She said if you want money anytime soon, it may be best to try to sell the car on my own. She said this is the stance VW is standing to and they will have all claims on hold until they get it resolved. She said as of now there is no hearing set and it sounds like from what they have heard it is going to drag until end of settlement in 2019. Someone else on the board called and talked to someone else from cabreser and they said they were told the same thing.

I got a call from Cabraser law firm after I sent an email with the details of my claim. He told me that there is a claim for half of the restitution on my car. My point was that VW was telling me there wasnít however since I bought the car in July I am not getting all of the restitution.

Do the lawyers or counsel have access to the claims details? Can they see that there was another claim on it for initial half ? Or am I just getting bS so I shut up??
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Old February 21st, 2018, 20:00   #15
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Originally Posted by Mxrado View Post
I got a call from Cabraser law firm after I sent an email with the details of my claim. He told me that there is a claim for half of the restitution on my car. My point was that VW was telling me there wasnít however since I bought the car in July I am not getting all of the restitution.

Do the lawyers or counsel have access to the claims details? Can they see that there was another claim on it for initial half ? Or am I just getting bS so I shut up??
The person I spoke to which I have been told is just a paralegal did get into my account and told me specific information about my claim so I think they can see the information.
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