Imported TDI's and 'dieselgate'

delta18

Well-known member
Joined
May 6, 2014
Location
California
TDI
2012 Golf Comfortline 6MT
I'm thinking we are about to be screwed over again. I did speak to the US plaintiffs attorney about this a couple months ago and her only suggestion was to contact a law firm and sue VW as an individual.

I have no idea how many of us it would take to constitute a class action but if I go this route I will keep you posted.
 

Rubbertree

Member
Joined
Aug 8, 2016
Location
Illinois
TDI
2009 Jetta TDI Highline
Thanks Delta18...I'm going to call back (when I can get through again) and try and clarify specifically whether the car has to be registered specifically on Jan 4 2017 or if it was enough to be registered at one point in time between Sept 2015 and Jan 4 2017. I'm hoping for the latter but we'll see.
 

delta18

Well-known member
Joined
May 6, 2014
Location
California
TDI
2012 Golf Comfortline 6MT
You're at least lucky you didn't import yours until after the scandal broke. I imported my golf in March 2015 and it has been registered in the US ever since.
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
Just a quick update...
I spoke with the VW settlement hotline and was told that I would be ineligible for the settlement because although the car was registered in Canada in Sept 2015, it was not registered "through" Jan 4 2017.
I'm hoping this is a language barrier thing ...
If it was the Canadian hotline you were talking to that is incorrect. In question E of the Long Form Notice (Exhibit 3 of the Canadian Settlement) "Is my car an Eligible Vehicle" it says:

It must have been originally sold, or leased from VW Credit Canada, Inc., also known as Volkswagen Finance and Audi Finance (“VCCI”), in Canada;

It must have been registered in Canada at any point from September 18, 2015 through January 4, 2017;​

No requirement for it to be registered on Jan 4.

Was your TDI bought in Canada?
 
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Rubbertree

Member
Joined
Aug 8, 2016
Location
Illinois
TDI
2009 Jetta TDI Highline
Delta18, it's true... I may be lucky. My vehicle left Canada in July but my registration in Canada was completed in June so I assume was good until June 2016. I'm working with mto now to get a copy of my registration history.
Armby, this is the big point of contention. The lady I spoke with (on the Canadian side) said that because the line says "THROUGH Jan 4," I may be ineligible as my car will not be registered at that time. I agree with you... The phrase "at any point" makes me think I am okay. We'll have to wait until April when the application comes out to find out for sure.
The car was purchased in Canada and is a Canadian car but was imported to the US in July 2015.
 

Armby

Veteran Member
Joined
Nov 30, 2012
Location
Ottawa, Canada
TDI
2013 Golf
You may want to double check what the actual settlement agreement says. There is a warning in the footer of the long form that says "if there is a conflict between this notice and the settlement, the settlement applies"
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Another update. Doesn't look good.

So Despite being told on two different occasions by people working at the VW customer care TDI line that my car would be eligible because it was registered in the US. Today when I spoke to them they had changed their tune.

Now I have been told that no in fact that is incorrect my car is not eligible because it was not sold in the US and that I would have to contact VW Canada for their settlement.

Which is a bit of a joke because VW Canada does not have even a settlement proposal on the table yet.

My concern here is that I will be stuck in the same situation I was with the Goodwill package (only worse) where VWoA told me I wasn't eligible because my car was purchased in Canada and VWoC told me I wasn't eligible because my car was registered in the US.

Is there anyone on here with a TDI originally purchased in the US but registered in Canada who can let me know what you are going through? It seems like the reason they say my car isn't eligible is on page 8 of their settlement document and if you read that section then anyone with a car not registered in the US is also not eligible.



I wouldn't worry about this as much and would consider it a way to avoid having to get my car fixed or bought back but I live in CA...

Any other imported car owners feel like joining me in our own class action suit? I'm sure we could find a lawyer interested in taking the case.
I fall under this category. Bought in US and imported to Canada in 2013. Now since Canadian settlement is out, I am being told that I am not eligible for settlement in Canada as my car was bought in US. And I am not eligible in US cause my car was not registered in US on Sep 2015.
This is pathetic. I am going to call VWOA tomorrow to see what they have to say.
 

Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
separate "Action"

I fall under this category. Bought in US and imported to Canada in 2013. Now since Canadian settlement is out, I am being told that I am not eligible for settlement in Canada as my car was bought in US. And I am not eligible in US cause my car was not registered in US on Sep 2015.
This is pathetic. I am going to call VWOA tomorrow to see what they have to say.
[FONT=&quot]FYI. from V.W.class action lawyers

For those who may have been deemed ineligible for the current class action settlement due to importing an affected vehicle from the U.S. into Can. there will be a separate “action” for those who come forward. Call 1-866-881-2292 or 1-844-425-2934.[/FONT]
 

benficais

Member
Joined
Dec 20, 2016
Location
canada
TDI
jetta 2009
[FONT=&quot]FYI. from V.W.class action lawyers
For those who may have been deemed ineligible for the current class action settlement due to importing an affected vehicle from the U.S. into Can. there will be a separate “action” for those who come forward. Call 1-866-881-2292 or 1-844-425-2934.[/FONT]
I have a 2009 Jetta TDI imported from the US in 2010 and I have had no luck yet on the US side VWGOA. My vin registers with the site but I am still waiting for a supervisor to contact me back after two tries already. I will try contacting the 1-800 numbers sometime next week and see what they say.
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
I called both the numbers as posted by reactorface and left voicemails. Lets see if someone calls back.
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Update: I got a call back from 1-866-881-2292. The lady on the phone said the lawyers are re-negotiating the settlement with VW Canada to include cases like ours. She took my information name, address , VIN etc. and added it to her database. Hoping for the best!
 

loujet

Veteran Member
Joined
Nov 14, 2001
Location
Orford
Hi all, I am in the same situation, imported into Canada my Sportwagen 2011 that was bought new from Chris Farnham.
I was about to send the paperform for the US settlement, which I really do no see where it states it is not for non-Amercian owners... Anyhow, I will call the 1-866-881-2292 to see if I get the same answer as norcorider got. Bottom line, it is VW USA that sold me a fraudulent vehicle, I do not see why it should be to VW Canada to resolve this and even less, it is not because I took the car out of the US that I waived my rights...
BTW if you look at page 5 of 24 of the paper version of the claim form, there is the possibility of entering canadian adresses as a mailing address.
I would still like to get someone to show me where it says reserved to US resident or US registered cars. I would really like to get a US lawyer point of view.
In order to get more manpower on this, we should get a registered list of owners in our situation. Somekind of GSheet with our vin's, names, if you got the godwill package or not (this is not related but sitting in front of a judge, it may open the door to some discussions...) if yes from US or Canada.
I noticed in the Schedule F of the class action settlement agreement find here: https://www.vwcanadasettlement.ca/en/ that some have initiated action on their own against other levels of VW... But no way I can look at all of this on my own if it's because they have issues as ours!
 

Ares

Veteran Member
Joined
Oct 15, 2012
Location
Takoma Park, MD
TDI
2013 Passat SE
... and sue VW as an individual.
You will probably receive more compensation than the class action settlement if you have go this route, even with attorney fees. Think full refund of purchase price. I considered opting out; more effort, more risk, more reward. But the settlement was good enough.
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Hi all, I am in the same situation, imported into Canada my Sportwagen 2011 that was bought new from Chris Farnham.
I was about to send the paperform for the US settlement, which I really do no see where it states it is not for non-Amercian owners... Anyhow, I will call the 1-866-881-2292 to see if I get the same answer as norcorider got. Bottom line, it is VW USA that sold me a fraudulent vehicle, I do not see why it should be to VW Canada to resolve this and even less, it is not because I took the car out of the US that I waived my rights...
BTW if you look at page 5 of 24 of the paper version of the claim form, there is the possibility of entering canadian adresses as a mailing address.
I would still like to get someone to show me where it says reserved to US resident or US registered cars. I would really like to get a US lawyer point of view.
In order to get more manpower on this, we should get a registered list of owners in our situation. Somekind of GSheet with our vin's, names, if you got the godwill package or not (this is not related but sitting in front of a judge, it may open the door to some discussions...) if yes from US or Canada.
I noticed in the Schedule F of the class action settlement agreement find here: https://www.vwcanadasettlement.ca/en/ that some have initiated action on their own against other levels of VW... But no way I can look at all of this on my own if it's because they have issues as ours!
if you see page 9 on this link , it says registered owner.
https://www.vwcourtsettlement.com/en/docs/PSC/Approved Exhibit 3 - Long Form Notice.pdf
I asked about Canadian Mailing address to VW USA rep. They said its for people who moved to Canada after Sep 2015. Also if you try to submit claim online on US website , you cannot enter Canadian address except for mailing.
Let us know if you hear otherwise when you call VWoA.
 

benficais

Member
Joined
Dec 20, 2016
Location
canada
TDI
jetta 2009
Update: I got a call back from 1-866-881-2292. The lady on the phone said the lawyers are re-negotiating the settlement with VW Canada to include cases like ours. She took my information name, address , VIN etc. and added it to her database. Hoping for the best!

I got a call back today as well and left my info with the law office from the same number. She said the lawyers are looking into people in the same boat as us.
 

MER

New member
Joined
Jan 10, 2017
Location
Toronto
TDI
Golf Station Wagon
Update: I got a call back from 1-866-881-2292. The lady on the phone said the lawyers are re-negotiating the settlement with VW Canada to include cases like ours. She took my information name, address , VIN etc. and added it to her database. Hoping for the best!
The 1-866-881-2292 rings at Rochon Genova LLP one of the law firms involved in the settlement. Mine is a 2011 Golf Sportwagen (Jetta Sportwagen in US) imported from USA in 2012. The lady who answered the phone at X297 asked for name, VIN, mileage etc.
The more imported TDI owners calling, the higher the chances to get included in the settlement.
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Just to keep this thread alive, I got a call from another lawyer firm I left voicemail with. She said they are going to try to file another class action for non-Canadian vehicles. But will be dealing with current ongoing settlement first. There is nothing else we can do at the moment other than wait. Also, she said they have received 4 calls so far. We have a long road ahead of us I feel.
 
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Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
Hi all, I am in the same situation, imported into Canada my Sportwagen 2011 that was bought new from Chris Farnham.
I was about to send the paperform for the US settlement, which I really do no see where it states it is not for non-Amercian owners... Anyhow, I will call the 1-866-881-2292 to see if I get the same answer as norcorider got. Bottom line, it is VW USA that sold me a fraudulent vehicle, I do not see why it should be to VW Canada to resolve this and even less, it is not because I took the car out of the US that I waived my rights...
BTW if you look at page 5 of 24 of the paper version of the claim form, there is the possibility of entering canadian adresses as a mailing address.
I would still like to get someone to show me where it says reserved to US resident or US registered cars. I would really like to get a US lawyer point of view.
In order to get more manpower on this, we should get a registered list of owners in our situation. Somekind of GSheet with our vin's, names, if you got the godwill package or not (this is not related but sitting in front of a judge, it may open the door to some discussions...) if yes from US or Canada.
I noticed in the Schedule F of the class action settlement agreement find here: https://www.vwcanadasettlement.ca/en/ that some have initiated action on their own against other levels of VW... But no way I can look at all of this on my own if it's because they have issues as ours!
this may clear things up ....or not .......i,m not a lawyer but it,s clear to me that i am ineligible for either settlement

or if you purchased a U.S. car imported into Canada you would also be S.O.L.

from U.S. settlement eligibility docs:

Your vehicle does not need to be currently registered to be eligible. In order for the vehicle to be eligible, it must have been registered in the U.S. at some point between September 18, 2015 and June 28, 2016, but the registration need not have been in your name. In order for you to be eligible, you must have registered the vehicle in your name at some point after September 18, 2015.

it was not!

from Canadian settlement eligibility docs:


It must have been originally sold, or leased
from VW Credit Canada, Inc., also known
as Volkswagen Finance and Audi
Finance (“VCCI”), in Canada;

it was not!
 

mcjvw

New member
Joined
Jan 19, 2017
Location
Vancouver BC
TDI
2013 Jetta Sportwagen TDI
I called 1-866-881-2292 and gave the all the info about my US 2013 Jetta Sportwagen that I imported to Canada in 2013. They're looking at starting legal action for all these vehicles. The more that sign up, the better!
I still have an inquiry pending with the US counsel about some information I received from the US settlement hotline. They told me I could re-import the vehicle into USA, get new US registration and supply those documents to file my claim in USA. I haven't pursued this yet because I want confirmation from counsel before I try it. I'd happily take the US cash at the current exchange rate, but don't want to get in hot water with them or the states either.. I'll update once I hear back.
 

Reactorface

Well-known member
Joined
Mar 1, 2015
Location
Ontario, Canada
TDI
2015 Audi Q5 Technik
I called 1-866-881-2292 and gave the all the info about my US 2013 Jetta Sportwagen that I imported to Canada in 2013. They're looking at starting legal action for all these vehicles. The more that sign up, the better!
I still have an inquiry pending with the US counsel about some information I received from the US settlement hotline. They told me I could re-import the vehicle into USA, get new US registration and supply those documents to file my claim in USA. I haven't pursued this yet because I want confirmation from counsel before I try it. I'd happily take the US cash at the current exchange rate, but don't want to get in hot water with them or the states either.. I'll update once I hear back.
unless Ive missed something i don't believe you will be eligible as per the requirements layed out in the US settlement

Your vehicle does not need to be currently registered to be eligible. In order for the vehicle to be eligible, it must have been registered in the U.S. at some point between September 18, 2015 and June 28, 2016, but the registration need not have been in your name. In order for you to be eligible, you must have registered the vehicle in your name at some point after September 18, 2015.
 

BCCanada

New member
Joined
Jan 22, 2017
Location
British Columbia
TDI
2012 Sportwagen TDI (Purchased in US and Imported to Canada in 2013)
Just to keep this thread alive, I got a call from another lawyer firm I left voicemail with. She said they are going to try to file another class action for non-Canadian vehicles. But will be dealing with current ongoing settlement first. There is nothing else we can do at the moment other than wait. Also, she said they have received 4 calls so far. We have a long road ahead of us I feel.
Norcorider and MER: Thank you for your postings. Make that 5 calls. I'll be calling the lawyer you have listed on Monday, Jan. 23rd, 2017 to add me to the list of US VW TDIs that were imported into Canada. ("The 1-866-881-229 at Rochon Genova LLP one of the law firms involved in the settlement. X297) I have a 2012 Jetta Sportwagen TDI purchased in Spokane, WA in Dec 2013 and imported into Canada shortly thereafter.

If we all need to speak to the lawyer at the same time to achieve a positive outcome for all, please let me know.
 

andrewface

Active member
Joined
Sep 7, 2016
Location
Canada
TDI
2010 Jetta Sportwagen
I am in the same boat. I have a US VIN which is now registered in Canada. I'll be calling the number that was provided tomorrow.
 

turbowhistle

Active member
Joined
Sep 2, 2016
Location
Calgary Alberta
TDI
2011 JSW Pano White Corn Silk Beige 6MT
I am also in the same boat. Applied for and received the $1000USD goodwill cards, but my buyback application on the US VW Claim site was rejected. I have left my information with Rochan Genova LLP the Canadian law firm handling cases like ours at 1-866-881-2292.
 
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norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Thanks guys! Lets keep calling the lawyers. If the list keeps growing, maybe they will pursue VW to take some action in our interest.
 

tdigirl_ontario

New member
Joined
Jan 2, 2017
Location
Kingston, Ontario
TDI
Jetta Sportwagen 2010
I just wanted to add my two cents. I imported my US TDI Jetta Sportwagen to Ontario from Massachusetts in August of 2014. I am a US citizen and currently a temporary resident of Canada (work permit). I had kept copies of all paperwork (Mass title, etc) and was told by VW's claims helpline to just upload everything I had (old copies from US and current registration/title here in Canada, copies of old insurance and current insurance in Canada, etc). I have had no issues....everything was processed quickly and without any extra concerns or anything....buyback is scheduled in two weeks. Of course I have to reimport to US, etc.....but our situation is unique here in Canada (in terms of temporary status) and who knows what will happen at the border. Just wanted to share my story in case from this side of the border was in a similar situation and hadn't tried to push the buyback forward on the US site. I'll keep you posted with what happens in a couple of weeks!
 

norcorider

Well-known member
Joined
Feb 23, 2016
Location
Milton, ON
TDI
2013 Passat TDI (Buyback completed Dec 21st)
Of course I have to reimport to US, etc.....
VWoA rep did tell me that I have to reimport to US to be eligible for US settlement, but that is not a feasible option for me. BTW, how much will end up costing you in total for importing to Canada and re-importing to US?
 

Fourplay

, TDI Parts Ninja Vendor , w/Business number
Joined
Nov 6, 2015
Location
Atlanta, GA
TDI
2014 A8L
VWoA rep did tell me that I have to reimport to US to be eligible for US settlement, but that is not a feasible option for me. BTW, how much will end up costing you in total for importing to Canada and re-importing to US?
Re-importing costs $0.

If you import a US car to Canada and then return that car back to the US, you don't have to pay any duty whatsoever, as long as the original NHTSA/DOT and EPA labels are still affixed. You just drive the car across the border and re-register it in your state using the HS-7 form (check box 2A).

My second car is an Audi RS4 that was originally sold in the US, imported to Canada, and then I bought it in Saskatchewan and re-imported it to the US last year. No cost and very straightforward.
 
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