In the fall of 2013 we took possession of our new Passat Diesel Highline. Didn't realize how bad the Nav system was until a few days later. Felt duped, right from the beginning. Nonetheless, the car is comfortable and has been trouble free.
So, September 15, 2015 and Dieselgate arrives. Almost a year later, against a background of "there, there", and the disingenuous, "you have our commitment to communicate as soon as possible", we scrabble for any scrap of news, or rumour. Watching as proceedings south of our border appear to be heading towards settlement. While absolutely nothing appears to be happening here. Maria Stenstroem, 11 months is not, "ASAP". A couple of weeks to a couple of months is "ASAP". Eleven months is, "contempt". It appears from here that the only commitment is to save VW's shareholders.
Even as VW Canada offered a peace offering of $1000CDN as per the example in the USA, i felt disrespected and discounted. $1kCDN is NOT the same as $1kUS. We did NOT buy our car discounted. Rather, the car costs more in Canada as a result of the $US/$CDN exchange. And because we pay more for the cars, that exchange difference should have raised the offer to approximately $1300CDN.
Simultaneously, I don't know if many owners are aware, but there is a war going on between numerous Law Firms across the country the purpose of which is snatch the right to represent our interests in the class action. Some of those firms have been treated to the ire of the court in Ontario, but without much real discipline. Nonetheless, any war is to VW's advantage. The courts agonizingly slow process has aided in this protracted mess.
That brings me to what I want and what I think is due to us all. The "tort", or the act of fraud and deception that induced us to purchase our diesel cars took place on the day we purchased the vehicle. Had we known on that date (for us, September, 2013) that VW was attempting to defraud us, we would have passed on the purchase. That we did buy the car on that date, to my mind suggests that VW should refund our purchase price paid on that day. That we have used the car since we purchased it (through chicanery and deception) and that use arises from deception it should not be subject to depreciation. The US settlement requires VW to scrap the cars that they buy back. Therefore, the car has no resale value. Without resale value it cannot have a depreciated value. Or simply, no value at all. To my mind, VW's culpability should require them to pay the full purchase price as no value can be ascribed to depreciation as a result of their reckless and fraudulent action on the purchase date. Really, the fraud took place on the day of purchase, not some arbitrarily chosen point of time later that satisfies VW’s shareholders.
On the current US settlement affixing September 15, 2015 as a date to value the cars, based upon the historical value of cars supposedly unaffected by the scandal at that time, I suggest that fixing the date of liability for the fraud on the date it was publicly announced is incorrect and highly favours VW. Even though there are unanswered questions about when VW executive management knew about the deception, VW was caught and informed by a group of independent testers, a full year earlier. US environmental authorities were informed at that same time. At a MINIMUM, any settlement, if not agreed to the date of purchase, should at least be calculated to that date sometime in 2014.
Instead of trying to grab the money, it would have been nice if the lawyers fighting for control of the class action lawsuit could have been forthcoming and told the owners, if not what range of remedy could be permitted by Canadian courts for the fraud, at least to advise publicly what affect Canadian law (given to the two different legal systems) would make to a settlement like that being offered in the USA.
YES, I am angry. I don't like being duped. And I hate, even more, the secrecy and apparent contempt that appears to be emanating especially from VW, but also from the money grubbers hoping to hook a nice fat fee.
How do you feel?
. Ah well, I'll post a link, and I am writing out general instructions. We'll all be able to help each other out on any technical issues. I just ordered 3 for myself.
