Dieselgate, The Canadian Edition

joey003

Veteran Member
Joined
Oct 6, 2010
Location
Hamilton, ON
TDI
2011 Jetta TDI Highline
Rainy and ugly day here ... so I have a bit of time to read.

On the famous FB page .... there's a guy, who apparently took 60K loan with a bank to buy his wagon TDI. He got pissed with the settlement delay and called the bank that he's stopping his payments and that they can repo the car. Which they just did (he posted pics of the car being loaded on a tow truck). When asked by others if he's nuts not worrying about money down the drain he has paid so far and R9 rating on his credit report ... his answer was "I am not worried about it."

You cannot make this stuff up ... or perhaps you can? ... LOL
I am done with some of those delusional pillocks on that FB page. Sending a letter direct could delay the process and con some of us who just want to get out as quickly and painlessly as possible.
Incredible. Some of the people on that group are a bit nuts on the issue.

On the one long thread from Michael with the summary from the court last week, many people were replying as if it was a done deal that we're going to get original purchase price back. Really?
 

Gizzmo_jr

Veteran Member
Joined
Jan 29, 2013
Location
Ontario
TDI
None
I noticed since April1 my CBB payout estimation has been reduced by a large amount compared to numbers I was seeing in March.

My mileage has gone up, but I'm already at very high numbers so I wouldn't of expected it to change that much (274k km)
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
On the one long thread from Michael with the summary from the court last week, many people were replying as if it was a done deal that we're going to get original purchase price back. Really?
Certainly there's enough people to think that they will get a full purchase price back, let say after driving a vehicle for 7 years .... I am not sure what logic or precedence supports that.

I believe they think so, because in the same FB posted report by the guy who was there to object in person, the judge reportedly asked "why aren't the members getting back full purchase price? Based on the Consumer protection act blablabla ..." and there was a silence in the room rather than "Well it doesn't apply because of this and that ..." ..... if true (who knows if it really went down like this ...), this rather shows how clueless the lawyers on both ends are by not being ready for this question, but is far from leading towards full purchase price buyback.

Up here we don't even have a lemon law, so why would from all of sudden the Consumer protection law be so favorable to 100K people driving TDI's around??? If that was even on the radar, I am sure the US would be all over this well before us. They settled for a reason, and Canadians will just have to accept ...
 
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JohnNS

Veteran Member
Joined
Jan 17, 2016
Location
Nova Scotia
TDI
2009 JSW
Rainy and ugly day here ... so I have a bit of time to read.

On the famous FB page .... there's a guy, who apparently took 60K loan with a bank to buy his wagon TDI. He got pissed with the settlement delay and called the bank that he's stopping his payments and that they can repo the car. Which they just did (he posted pics of the car being loaded on a tow truck). When asked by others if he's nuts not worrying about money down the drain he has paid so far and R9 rating on his credit report ... his answer was "I am not worried about it."

You cannot make this stuff up ... or perhaps you can? ... LOL
This is why it's important to read the whole thread/do some research on it. There was a fraud issue with what the dealership (edit to add: they apparently falsified his income) and the bank wouldn't stop it so he stopped paying and let the bank seize it. There was a previous loan rolled in to this one.

Not saying it's the right thing to do, but it's not that cut and dry.
 
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JohnNS

Veteran Member
Joined
Jan 17, 2016
Location
Nova Scotia
TDI
2009 JSW
I am done with some of those delusional pillocks on that FB page. Sending a letter direct could delay the process and con some of us who just want to get out as quickly and painlessly as possible.
At worst it has no affect because the judge rejects them. At best it lets him enter them in to record showing that there is a lack of support for the current deal and the current lawyers.

Look at how "our" CAS lawyers handled things in Quebec, would you trust them to enter your letter rejecting the settlement in to record? I sure wouldn't because they didn't have that interest in Quebec either.

As it stands now it doesn't sound like the judge will pass the current deal. I think they'll come back with one that's truly on par with the US one, not full value.

Although I won't turn down full value if it's offered ;)
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
I noticed since April1 my CBB payout estimation has been reduced by a large amount compared to numbers I was seeing in March.

My mileage has gone up, but I'm already at very high numbers so I wouldn't of expected it to change that much (274k km)
The Value for cars in the highest mileage category is calculated differently from the other categories. There is a prorated mileage calculation (Schedule E) to estimate your mileage as of Sept 2015. That and the Sept 2015 CBB Wholesale value for that mileage (data for that is not documented but there are the photos of the CBB book uploaded earlier). If your mileage calculation resulted in a significant increase in the calculated Sept 2015 mileage that could explain your value going down.

I wouldn't have expected a big change however (unless you drove back and forth across Canada a few times :)). Quite possibly there is a problem with the Estimator in the high mileage range.
 

PlaneCrazy

Top Post Dawg
Joined
Jan 3, 2000
Location
Province of Quebec, Canada
TDI
Gone...
On the famous FB page .... there's a guy, who apparently took 60K loan with a bank to buy his wagon TDI.
A $60k loan? To buy a TDI??? What did he have it gold-plated or something???

And this guy wants the courts to bail him out of his stupidity?

Of course the bank is no better, loaning the idiot $60k to buy a what... $30-34k car? Assuming a Highline with all the bells and whistles? Talk about bad collateral.
 

GigaFire

Well-known member
Joined
Jul 10, 2015
Location
Vancouver, Canada
TDI
2012 CW Golf
At worst it has no affect because the judge rejects them. At best it lets him enter them in to record showing that there is a lack of support for the current deal and the current lawyers.
Look at how "our" CAS lawyers handled things in Quebec, would you trust them to enter your letter rejecting the settlement in to record? I sure wouldn't because they didn't have that interest in Quebec either.
As it stands now it doesn't sound like the judge will pass the current deal. I think they'll come back with one that's truly on par with the US one, not full value.
Although I won't turn down full value if it's offered ;)
I wouldn't decline full return either. But if this forces another delay of approval past Friday and the projected end of April start of the process, I will blame every one of those greedy idiots.

It's refreshing coming here to see that for the most part, owners have their heads screwed on straight.
 

big_red

Well-known member
Joined
Mar 22, 2008
Location
Ottawa, Ontario, Canada
TDI
2001 Golf TDI, 2011 Jetta TDI
I wouldn't decline full return either. But if this forces another delay of approval past Friday and the projected end of April start of the process, I will blame every one of those greedy idiots.

It's refreshing coming here to see that for the most part, owners have their heads screwed on straight.
Agreed, I wouldn't mind full refund either, but realistically all the lawyers have to do is prove that "rescission" is not possible. Rescission being putting both parties back into the state they were in before the transaction. I can easily see the argument being made that while the purchaser can be put into that state with a full refund, VW cannot be as they would be getting a used car with less value back. So in my opinion, rescission is not possible here as it benefits the purchaser (has had "free" use of a car for 2-7 years) way more than VW.

So that leaves us with:
Remedy if rescission not possible

(2) A consumer is entitled to recover the amount by which the consumer’s payment under the agreement exceeds the value that the goods or services have to the consumer or to recover damages, or both, if rescission of the agreement under subsection (1) is not possible,
(a) because the return or restitution of the goods or services is no longer possible; or
(b) because rescission would deprive a third party of a right in the subject-matter of the agreement that the third party has acquired in good faith and for value. 2002, c. 30, Sched. A, s. 18 (2); 2004, c. 19, s. 7 (6).
So recovering the value that we lost plus damages seems possible, which is pretty much what VW is currently offering. But that being said, they should probably be using the retail rather than wholesale value to cover the loss in value.
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
A $60k loan? To buy a TDI??? What did he have it gold-plated or something???
And this guy wants the courts to bail him out of his stupidity?
Of course the bank is no better, loaning the idiot $60k to buy a what... $30-34k car? Assuming a Highline with all the bells and whistles? Talk about bad collateral.

The fella was swimming in deep debt waters, the 60K was a result of combined loans .. the point is that it doesn't matter the circumstances knowing what we know as far as our settlement. Simply speaking the bank is/will be better off once VW buys the car back, then the poor guy, that's for sure.

Anyway, there's probably more to it than he posted. Why would he post that in the first place is another question ... anyways, I guess he collects FB fame and likes and is hoping for some of those.
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
I wouldn't decline full return either. But if this forces another delay of approval past Friday and the projected end of April start of the process, I will blame every one of those greedy idiots.
It's refreshing coming here to see that for the most part, owners have their heads screwed on straight.
Let's be realistic ... end of April was never in the cards. Look what date is today and how long it took to get here. Even if their counter offer will match US deal dollar for dollar, this buyback process will not be under way until Jun. If they still flip flop full purchase price buy back we are talking end of summer. Anyway, that's what I am getting ready for ...
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
Agreed, I wouldn't mind full refund either, but realistically all the lawyers have to do is prove that "rescission" is not possible. Rescission being putting both parties back into the state they were in before the transaction. I can easily see the argument being made that while the purchaser can be put into that state with a full refund, VW cannot be as they would be getting a used car with less value back. So in my opinion, rescission is not possible here as it benefits the purchaser (has had "free" use of a car for 2-7 years) way more than VW.
If it's that clear why has the judge reportedly brought it up and why didn't VW side object ..... I am thinking, it's not as simple as you think it is ... otherwise why waste any time on a dead end road?
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
So recovering the value that we lost plus damages seems possible, which is pretty much what VW is currently offering. But that being said, they should probably be using the retail rather than wholesale value to cover the loss in value.
I agree with this, but would also say that sales taxes should also be included in the refund, since this would be treated as a refund of a transaction and not a new transaction. Appling sales tax refund only if we buy another VW is BS which rewards VW big-time.
 

Lucsar

Veteran Member
Joined
Apr 22, 2015
Location
Ontario
TDI
Returned to VW: 2015 Passat Highline DSG EarlyLease Termination
Let's be realistic ... end of April was never in the cards. Look what date is today and how long it took to get here. Even if their counter offer will match US deal dollar for dollar, this buyback process will not be under way until Jun. If they still flip flop full purchase price buy back we are talking end of summer. Anyway, that's what I am getting ready for ...
Yes, unfortunately I have to agree with you on the timing part. I believe the judge did ask VW counsel that if next Friday's hearing goes well and all parties are on the same page, " would you be ready to start rolling out the program/portal for customers to start registering for a claim in three weeks time?" This would put us at almost the end of April. Having said that, there might be some silver lining to this dark cloud. I read some posts from the U.S. based buybacks and turn-ins and apparently things have been drastically improved, right from selecting choice, notarizing documents and people being given turn in appointments.. Sad to see that it has succumbed to this but that's what happens " when everyone wants a piece of the pie"... Just my $.02
 

Nebelwerfer

Veteran Member
Joined
Mar 14, 2012
Location
Canuckistan
TDI
2012 Passat TDI
Rainy and ugly day here ... so I have a bit of time to read.

On the famous FB page .... there's a guy, who apparently took 60K loan with a bank to buy his wagon TDI. He got pissed with the settlement delay and called the bank that he's stopping his payments and that they can repo the car. Which they just did (he posted pics of the car being loaded on a tow truck). When asked by others if he's nuts not worrying about money down the drain he has paid so far and R9 rating on his credit report ... his answer was "I am not worried about it."

You cannot make this stuff up ... or perhaps you can? ... LOL
Glad I left long ago. Mouth breathers in that group are definitely in the majority.

Kind of like the federal government....

Regards
 

PlaneCrazy

Top Post Dawg
Joined
Jan 3, 2000
Location
Province of Quebec, Canada
TDI
Gone...
Yes, unfortunately I have to agree with you on the timing part. I believe the judge did ask VW counsel that if next Friday's hearing goes well and all parties are on the same page, " would you be ready to start rolling out the program/portal for customers to start registering for a claim in three weeks time?" This would put us at almost the end of April. Having said that, there might be some silver lining to this dark cloud. I read some posts from the U.S. based buybacks and turn-ins and apparently things have been drastically improved, right from selecting choice, notarizing documents and people being given turn in appointments.. Sad to see that it has succumbed to this but that's what happens " when everyone wants a piece of the pie"... Just my $.02
End of April works for me. Our replacement wagon estimated delivery is April 21st. My wife and I are eager. We're planning a cycling trip to Maine in May. We don't want to take the TDI pending the buyback and we need a wagon for our gear and bikes.
 

joey003

Veteran Member
Joined
Oct 6, 2010
Location
Hamilton, ON
TDI
2011 Jetta TDI Highline
Couple updates from Sean O'Shea (GlobalTV reporter who was tweeting during the event and did the news report friday night).



 

uchu

Veteran Member
Joined
Jul 29, 2015
Location
Markham ON
TDI
2012 Passat Highline - in VW's possession
^^Thanks for posting this update.

It was very clear (at least to me) that this Friday wouldn't be any hearing or anything like that. It was just the deadline for lawyers from both sides to submit a memo summarizing the answers to questions that the judge had after the hearing. That's why I don't understand why the claim administrators have not removed the statement that if everything's approved, "the period to submit a claim will begin before the end of April". Any sort of wishful thinking timeline is, at this point, pure speculation IMO.

But I guess anything's possible. I hope they prove me wrong!
 
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Lucsar

Veteran Member
Joined
Apr 22, 2015
Location
Ontario
TDI
Returned to VW: 2015 Passat Highline DSG EarlyLease Termination
^^Thanks for posting this update.

It was very clear (at least to me) that this Friday wouldn't be any hearing or anything like that. It was just the deadline for lawyers from both sides to submit a memo summarizing the answers to questions that the judge had after the hearing. That's why I don't understand why the claim administrators have not removed the statement that if everything's approved, "the period to submit a claim will begin before the end of April". Any sort of wishful thinking timeline is, at this point, pure speculation IMO.

But I guess anything's possible. I hope they prove me wrong!
Wow ! Thanks for posting Uchu. So the clock keeps ticking....lol. Oh well, I honestly thought that Justice Belobaba was to hold a hearing this coming Friday, my bad. Maybe there will be some major changes to the settlement ?
 

mxs

Veteran Member
Joined
Jul 30, 2009
Location
Ontario
TDI
2010 Golf TDI
I cannot see how there could be major changes to the settlement proposal without another court hearing? Justice Belobaba executive order?? .... LOL .... I don't think so.
 

tvmaster

Veteran Member
Joined
Jun 8, 2010
Location
Socal
TDI
2010 JSW
someone told me an Ontario judge was expected to rule this Friday for a 100% refund. Anyone else heard this?
 

crashtested

Veteran Member
Joined
Jun 15, 2010
Location
Nelson, BC
TDI
2016 Q5 TDI Technik, 2014 GSW CL 6MT (RIP), 2004 Jetta GLS 5MT (sold), 2010 GSW HL 6MT (buy back)
someone told me an Ontario judge was expected to rule this Friday for a 100% refund. Anyone else heard this?
You should try reading the last week's worth of posts on this thread to enlighten yourself.
Let me guess...is that someone from the Canadian VW TDI owners Facebook page? :rolleyes:
LOL was going to say the same thing..
And they're even going to pay back the HST and the cost of all the fuel and maintenance we had to spend while driving our cars.


I heard it was 110% + pain and suffering LOL
 
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Ptplayers

Veteran Member
Joined
Oct 6, 2012
Location
Toronto
TDI
2013 Passat TDI SEL 6M with sports package
Just returned from dealership and business manager showed me the numbers and they sold around 10 2015 tdi's last week .
 
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b1jackson

Veteran Member
Joined
Dec 3, 2005
Location
Prince Edward Island, Canada
TDI
2012 Golf - Gone in BUYBACK. Replaced with 2015 Golf
Just returned from dealership and business manager showed me the numbers and they sold around 10 2015 tdi's last week .
I wouldn't say a "hold" is the same as a "sold". Sure...come on in and we'll give you a donut and some coffee and here is a pamphlet on the TDI scandal and the different scenarios. Welcome to our info session!

Oh, and "maybe" we can sell you a 2015 TDI ...we don't know for sure yet but at the very least, we'd like to get you into another VW.

So basically, it was a $500 donut :D to "hold". Like a refundable promise ring if you decide a 2015 TDI isn't your thing and you walk across the road to a Honda/Mazda/whatever else.

If "holds" are counting as "solds"....well then technically I too bought one last week as I put a deposit down on a 15 Golf. Just saying that it may be some clever intentional wording from the business manager calling them solds!
 
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