First Report of Independent Claims Supervisor

[theseus12]

If I were VW, I would have two goals. Abide by the court order and try to retain as many customers as possible. Failure to achieve the first goal directly impacts the second goal. We may not be able to do anything about their non compliance but we certainly can take our money elsewhere. I pretty much had my heart set on a Golf but I am starting to eye the new Impreza that is coming out.

 

[BudMan5]

To late for us. My wife bought a Subaru Crosstrek to replace her Jetta. That ends a 48 year relationship with VW and our family or at least it will end when they finally give us a turn in date. The way things are going we may stretch our 48 year relationship into a fifty year relationship before we finally end it.

 

[Tenebrae]

I pretty much had my heart set on a Golf but I am starting to eye the new Impreza that is coming out.

Tell me more. The current Impreza did not imprezz-a me. 152hp 2.0L 4-cyl engine with 145 lb-ft torque?
Compare that to the 170hp 1.8L turbo engine with 184 lb-ft torque on a base Golf.
I wanted to like Subaru, but the WRX was the only thing that compared in power (and exceeded), and it was an uncomfortable interior.

-T.

 

[rfortson]

I really think you have to cut them some slack. Having worked on large software projects before, the fact they got they up and running in the timeframe they did was somewhat impressive. Nothing like this has ever happened before.

Egg Zachery!

 

[CruisingWagon]

"Class Member response to the settlement has been considerable.3 As of November 20, 2016, of the consumers who were within the settlement class:

• 415,091 have registered through Volkswagen’s Claims Portal;4
• 241,455 have submitted claims for Volkswagen to review;
• 165,223 have had their claims deemed complete and preliminarily eligible
  by Volkswagen;
• 67,020 were pending a determination by Volkswagen as to whether the
  claim is complete and preliminarily eligible; and
• 41,978 have been issued offers, the aggregate value of which is
  $765,360,954.79.
  Despite significant progress in launching the Claims Program, Volkswagen has experienced some challenges in meeting timing requirements in processing the influx of initial claims."

^this is why I'm waiting until March 2018

 

[Debra Morgan]

This finding may compel the court to order VW to 'fast track' the buyback process. I've no idea what shape that would take given physical limitations of personnel and space, but clearly they underestimated the scope of this undertaking. Personally, I'm expecting mine to go through in February 2017.

Wondering if mine will go through in March or April...

 

[purduecrew]

I don't understand why everyone keeps saying it will take many months. Once you have received your offer, VW has 90 days to close the transaction. There will be closure in a reasonable amount of time.

 

[DanB36]

Once you have received your offer, VW has 90 days to close the transaction.

Yes, and they had ten business days to issue an offer, too. According to the report, they only met that requirement half of the time as of the time it was prepared. I do think the worries are exaggerated, but quoting the timeline is no evidence that they'll actually meet it.

 

[ChimneyJim]

There will be closure in a reasonable amount of time.

Geologically?

 

[purduecrew]

Good grief ya'll are a bunch of debbie downers. We are getting a good deal. Have some faith! I get it. Everyone wants offers exactly when they said they are coming. They are ramping up. We will all survive this. People saying they can't swing two car payments, well, you shouldn't have taken on two car payments. Aint nobody here under any type of real duress.

 

[atomicfront]

I really think you have to cut them some slack. Having worked on large software projects before, the fact they got they up and running in the timeframe they did was somewhat impressive. Nothing like this has ever happened before.

The software isn't that complex. It shouldn't take that long to create. I work on complex projects all the time that interface with multiple systems. They don't even have access to VW finance or state systems. I am giving them no slack.

 

[atomicfront]

Yes, and they had ten business days to issue an offer, too. According to the report, they only met that requirement half of the time as of the time it was prepared. I do think the worries are exaggerated, but quoting the timeline is no evidence that they'll actually meet it.

They have only schedule about 9000 buy back appointments. They haven't met the requirement in half. It says they have deemed half eligible. It about a quarter that have gotten offers.

 

[atomicfront]

I don't understand why everyone keeps saying it will take many months. Once you have received your offer, VW has 90 days to close the transaction. There will be closure in a reasonable amount of time.

It also says they have to give you an offer within 10 days of your documents being complete. Today was day 25 for me. The deadlines obviously mean nothing to them.

 

[DanB36]

They haven't met the requirement in half.

Of the claims that had reached the 10-day limit for getting an offer by 20 November, 52% of those had received offers, according to the report. Our spreadsheet is much more current, but their data is much more complete.

 

[DanB36]

Today was day 25 for me.

Except, as you know perfectly well, the clock didn't start until 1 Nov. Nobody's on day 25 for anything.

 

[tjsadler]

Except, as you know perfectly well, the clock didn't start until 1 Nov. Nobody's on day 25 for anything.

Actually if you read the document you'll see that is incorrect. If your documents were approved prior to Nov 1 then the second ten day clock started then.

 

[atomicfront]

Except, as you know perfectly well, the clock didn't start until 1 Nov. Nobody's on day 25 for anything.

My documents were approved on November 4th. I am stating total days. If you want business days it is 16. Tomorrow will be 17th business day. Whatever you want to say they are breaking the agreement. And don't seem to care to much about it.

From what I have read they are calling VW finance. That is ridiculous. If they are too stupid to make an interface to the VW finance system just get an export of VIN number, first name, last name, and payoff amount. Then import it into their system nightly. The day before the buy back get the correct amount. This isn't rocket science.

 

[DanB36]

Actually if you read the document you'll see that is incorrect. If your documents were approved prior to Nov 1 then the second ten day clock started then.

I did read the document (most of it, anyway), and what I posted is correct--the clock started on 1 Nov, so nobody can possibly be on day 25 for anything. What you're saying in your second sentence doesn't contradict this.

I was in that situation on one of my cars--the documents were accepted on 20 Oct, so the second ten-business-day clock started on 1 Nov. They had until 15 Nov to get me my offer, for it to be on time. They didn't; it arrived on 23 Nov. But that doesn't mean that 15 Nov was day 20; it's still only day 10. As of today, nobody can possibly be past business day 20 (and possibly less, depending on exactly how they're counting).

 

[aja8888]

All you folks with docs approved in November should know that many of us had docs approved in mid-October (me - 10/18) and haven't heard a peep from VW since those early approvals.

 

[SJG3RD]

Same here Mid October approved 10/19 and not a word from VW.

 

[tjsadler]

I did read the document (most of it, anyway), and what I posted is correct--the clock started on 1 Nov, so nobody can possibly be on day 25 for anything. What you're saying in your second sentence doesn't contradict this.

I was in that situation on one of my cars--the documents were accepted on 20 Oct, so the second ten-business-day clock started on 1 Nov. They had until 15 Nov to get me my offer, for it to be on time. They didn't; it arrived on 23 Nov. But that doesn't mean that 15 Nov was day 20; it's still only day 10. As of today, nobody can possibly be past business day 20 (and possibly less, depending on exactly how they're counting).

From footnote on page 28

29 By the start of the Claims Program on November 1, 2016, an aggregate of 151,079 consumers already had
submitted claims for Volkswagen to review. For some of these claims, Volkswagen had made a completeness
determination prior to the Claims Program. For these claims, the second ten-business-day review period as
described herein began on November 1, 2016. For all other claims submitted prior to the start of the Claims
Program, the first ten-business-day review period began on November 1, 2016.

So ten business days was from 11/1. Not that it means anything as they freely admit they've only been on time with about half the completed claims and they're working on the rest "as fast as they can" so there's nothing we can do but wait and complain on these forums...

 

[EEVLWYS]

So I didn't read all of this.....but is it noted in there all the BS that we have / are going through with the claims department not knowing *** is going on...not having any answers besides what they have typed on the papers in front of them. Having to wait 10 days for this and 20 days for that, and having to wait another 20 days every single time and little problem occurs............who cares about all the numbers about how many people are effected from this. The bottom line is that VW isn't doing *** they suppose to be doing.

 

[atomicfront]

I did read the document (most of it, anyway), and what I posted is correct--the clock started on 1 Nov, so nobody can possibly be on day 25 for anything. What you're saying in your second sentence doesn't contradict this.

I was in that situation on one of my cars--the documents were accepted on 20 Oct, so the second ten-business-day clock started on 1 Nov. They had until 15 Nov to get me my offer, for it to be on time. They didn't; it arrived on 23 Nov. But that doesn't mean that 15 Nov was day 20; it's still only day 10. As of today, nobody can possibly be past business day 20 (and possibly less, depending on exactly how they're counting).

But your argument is pointless. Whether it is 25 days or 18 days it is still not within 10 days according to the agreement. I was responding to someone that said once the offer is accepted they have 90 days to complete the buyback. However if they clearly ignore the 10 day limit. With some people at 18 days and counting. I am sure they will follow the 90 day just as closely as they did thei 10 day deadline.

 

[kc1174]

After reading that, I'm now less concerned about the 10 day doc approved/eligibility periods than I am the offers actually going out afterwards, since they only have 16 offer specialist positions filled out of the 100 they planned for. And of those planned 100 specialists, they report to one person. Couldn't make this up.

 

[Sigp232]

They have till the 1st week of December to make you a offer. This person has been in contact with my twice assuring me all offers will be out by next week.
I DONT KNOW WHAT THERE SNORTING BUT I HIGHLY DOUBT IT


I’m writing in response to your inquiry to the Plaintiffs’ Steering Committee and I’m with the Court-appointed lead counsel representing the plaintiffs in this litigation.

I understand your frustration with the situation. As far as claims processing goes, a lot of class members have been concerned about their claims not being processed within the proper 10 business day window. VW’s counsel has clarified that the clock did not start until Nov. 1, based on Section XIII.K of the FTC order, which commences the process within 5 business days of the Oct. 25 final approval order (see language below).

K . Notwithstanding anything else in this Order, the Buyback and Lease Termination
offers required under Sections VII and VIII of this Order, shall be available to Eligible Owners
and Eligible Lessees beginning within 5 business days from the Effective Date and shall remain
open until at least 2 years after the Effective Date. Provided, however, that an Eligible
Consumer must complete a claims application no later than September 1, 2018 to participate in
the Settlement Program. Notwithstanding anything else in this Order, the Buyback and Lease Termination
offers required under Sections VII and VIII of this Order, shall be available to Eligible Owners
and Eligible Lessees beginning within 5 business days from the Effective Date and shall remain
open until at least 2 years after the Effective Date. Provided, however, that an Eligible
Consumer must complete a claims application no later than September 1, 2018 to participate in
the Settlement Program.

Class members who successfully uploaded all of their necessary documentation as of Nov. 1 should be getting a notification that their claim is complete by Nov. 15 (10 business days from Nov. 1). They’ll then receive an offer letter 10 business days later, meaning they should anticipate offer letters in the first week of December, if not earlier.

It’s possible that claims may take longer to process if it requires VW to verify an existing loan amount from a bank or credit union. This is obviously frustrating but I hope this helps to clarify the timeline for you. If you have any further questions regarding the settlement you can reach me directly at 415-956-1000 ext 2324 or directly at this email.

Kind Regards,

Cameron Saunders
Lieff Cabraser Heimann & Bernstein, LLP
VW “Clean Diesel” MDL No. 2672 | Plaintiffs Steering Committee
info@vwclasscounsel.com

 

[Sigp232]

Drive her crazy tomorrow if anybody is bored email on bottom

Thank you for reaching out to express your concerns. The Settlement Agreements went into effect on October 25, 2016, however, the Judge ordered that the claims review process officially commence on November 1, 2016 (five days after the effective date of the approved Agreements). As per the timetables set forth in the Agreements and the Long Form Notice, Volkswagen has 10 business days to determine that your claim is complete and eligible, and another 10 business days to issue an award determination. During the second 10 business day period, the Claims Supervisor (Ankura Consulting Group) conducts a review of your claim to verify eligibility and the award determination calculated by Volkswagen.

The Claim Supervisor will continue to monitor each claim that Volkswagen receives, as well as Volkswagen's timeliness with the review process, and will report to the Court and the parties accordingly.

If questions remain, or if you otherwise need to speak with the Claims Supervisor staff, please contact us at this email address. Thank you.


Annie Cutting
Associate
Ankura Consulting Group, LLC
1220 19th Street, NW, Suite 700
Washington, DC 20036
ankuraconsulting.com
Annie.Cutting@ankuraconsulting.com

 

[Sigp232]

10/13 green check marks. Called twice they told me everything verified offer will be going out in 48 hours that was 11/2 and 11/5. Still waiting.

 

[speedrye]

I think a huge factor missing in the report was the timeliness of things. Someone called me back from Lieff Cabraser a few hours after I sent an email to info@vw yesterday and we talked for a few minutes. The two things that struck me from the conversation were that VW was claiming they were only a couple of days behind on the required dates as set forth in the CAS. BS. Unfortunately the Ankura report doesn't mention a thing about how far VW is behind in processing things which would be an important factor in determining what fines and late-penalties VW should be paying. The other notable point from our conversation was the mention of the judge deciding on those penalties and where they should be going. I assumed all of those would be paid to the government, but it didn't sound like that had been decided at this point.

I think these points and the fact that today's court date has been pushed back a few weeks are related. If Ankura's report was lacking in how far behind VW actually is in processing claims, it's hard to determine any amount of fine or penalty. If they're only two days behind the requirement, I think you could argue (as the Ankura report does) a good-faith effort on VWs part, but the fact that they're 10 days (and counting) behind on a LOT of the required dates is more worrisome.

I did find a few inaccuracies in the report as well, such as the date the portal opened for document submission, etc.

 

[Got Haggis?]

fyi, for people complaining that VW is in violation of timelines.......you aren't going to get more money due to it (which is clearly what some people think)

 

[speedrye]

fyi, for people complaining that VW is in violation of timelines.......you aren't going to get more money due to it (which is clearly what some people think)

Oh, I'm definitely getting more money out of it! My TDIs are parked and will be bumping in value on the mileage charts due to the delay. Do I think I'll see any part of the fines? Nope, that's government money. I was still surprised at the comment about deciding where that money is going though.