Sold TDI Prior to Scandal - Get Nothing

NYC-TDI

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Which means no determination was made as to there being a legal basis for recovery for those owners who sold earlier. It does not mean that there is NO legal basis for recovery. I continue to think there is a possibility of recovery of some sort based upon VW's self admitted fraud. No I am not about to put my own money into play here but there are many ex-owners who are in this category, more than enough to constitute an additional class. May be tempting for an enterprising attorney.
 

Rico567

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Which means no determination was made as to there being a legal basis for recovery for those owners who sold earlier. It does not mean that there is NO legal basis for recovery. I continue to think there is a possibility of recovery of some sort based upon VW's self admitted fraud. No I am not about to put my own money into play here but there are many ex-owners who are in this category, more than enough to constitute an additional class. May be tempting for an enterprising attorney.
^^^^^^

I think that this is completely correct, and about the only recourse for individuals like the OP. Get out on their own, form a class, and find a lawyer of a mind to gamble, and go for another lawsuit. This sounds like a thread-closer to me.
 

Snufalufagus

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Hope I hear about it if it comes to be as I had 2 I sold prior to the scandal.
 

atomicfront

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Hope I hear about it if it comes to be as I had 2 I sold prior to the scandal.
If you sold prior to the scandal I don't see how you could get any money. Your re-sale value was not affected by the scandal and they can't get your vehicle off the road by offering you money. Seems like this didn't affect you one bit. By what reasoning do you think you deserve money?
 

atomicfront

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Which means no determination was made as to there being a legal basis for recovery for those owners who sold earlier. It does not mean that there is NO legal basis for recovery. I continue to think there is a possibility of recovery of some sort based upon VW's self admitted fraud. No I am not about to put my own money into play here but there are many ex-owners who are in this category, more than enough to constitute an additional class. May be tempting for an enterprising attorney.
I don't see people getting any money if they sold before September 18th 2015. Two reasons for the settlement getting cars off the road and compensating people for lower re-sale value. Both of these reasons do not effect people who sold before the Diesel violations became known.
 

DanB36

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Which means no determination was made as to there being a legal basis for recovery for those owners who sold earlier.

I refer you back to my post #19 in this thread. Of course no determination was made, because you (and others like you--those who owned an affected vehicle but sold it before 9/17/15) were never a party to this case. Courts are not allowed to rule on issues not before them. If you think you've been wronged and are entitled to something, and if the applicable statute of limitations hasn't already expired, try to find a lawyer to take the case. It should still qualify as a class action, though it would be smaller than the current one.

This is the same answer you got over two months ago when you started this thread. The judge's approval of the settlement means nothing to you, because you aren't and never were a part of it.
 

Snufalufagus

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But the emotional pain I feel. Knowing what I've done to the planet. How will that wound ever be healed? I fell like 2-4 grand would probably help heal all the emotional pain I've been through. I'll spend it on Hookers and Blow. That'll make me feel better.
 

aja8888

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But the emotional pain I feel. Knowing what I've done to the planet. How will that wound ever be healed? I fell like 2-4 grand would probably help heal all the emotional pain I've been through. I'll spend it on Hookers and Blow. That'll make me feel better.
Have you tried counseling for the emotional stress you feel?

There are also meds for that. :D
 

k1xv

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southern Vermont
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09 TDI sedan, sold back 12/16. Present cars 2013 BMW X5 diesel, 2015 Corvette convertible
If you sold the car before the scandal became public knowledge, the scandal did nothing to deteriorate the market value of your used car at the time you sold. As for the extra compensation, its the person you sold to who is going through the aggravation of owning a car under a regulatory cloud and who has to go through the headaches of the Dieselgate process. You are free and clear of it. So why do you deserve anything?

When Bernie Madoff had his investment fraud, some people sold out their positions before the fraud became known, and actually made a profit. However, they got pulled back into the pool of defrauded folks when the administrator of the bankrupt estate sought to "claw back" their fraudulent profits for the benefit of the class. Maybe you should be happy that nobody is trying to recover money from you.
 

atomicfront

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But the emotional pain I feel. Knowing what I've done to the planet. How will that wound ever be healed? I fell like 2-4 grand would probably help heal all the emotional pain I've been through. I'll spend it on Hookers and Blow. That'll make me feel better.
Well I am sure there are plenty of the cars from the 80's and 90's on the road that are doing a lot more polluting than the TDI you owned and sold. Plant a few trees if you are feeling guilt.
 

NYC-TDI

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I refer you back to my post #19 in this thread. Of course no determination was made, because you (and others like you--those who owned an affected vehicle but sold it before 9/17/15) were never a party to this case. Courts are not allowed to rule on issues not before them. If you think you've been wronged and are entitled to something, and if the applicable statute of limitations hasn't already expired, try to find a lawyer to take the case. It should still qualify as a class action, though it would be smaller than the current one.

This is the same answer you got over two months ago when you started this thread. The judge's approval of the settlement means nothing to you, because you aren't and never were a part of it.
Thank you for repeating exactly what I said in my post.
 

DanB36

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You mean that the entire premise of this thread was year-old news when you posted it, over two months ago? You're welcome.
 

NYC-TDI

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You mean that the entire premise of this thread was year-old news when you posted it, over two months ago? You're welcome.
The official court response to the objection of the definition of class which I quoted is the "news". I fail to see why that angers you but so be it.
 

blaster668

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What about the lawsuits and subsequent settlement over small engine horsepower ratings that Briggs and Stratton and other manufactures were involved in several years ago? What financial harm had those customers suffered?
 

NYC-TDI

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Bosch CAS info

Just checked the court docs for the Bosch CAS and looks like we are screwed out of that as well. Unfair!
 

chief poncho

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Interesting thread I had not seen or read before. Thanks for resurrecting it NYC-TDI. Curious if you or any other prior owners ever formed another class or found legal representation to sue? I get your point that a fraud was committed regardless, but the courts generally don't reward "victims" if no loss was incurred.

I agree with you, VW sold you a car that was not compliant with the emissions requirements, and did so knowingly. However, you honestly did not suffer any monetary harm whatsoever and pretty much every lawyer and judge in the country would probably see it that way. Therefore, other than punitive damages against VW, what other harm was caused to you? There may be a case for punitive damages in your case, but good luck finding someone to take the case.

With regards to the settlement, keep in mind it was just that, a settlement. The parties involved, in this case the FTC, lawyers representing consumers and VWGoA reached an agreed upon resolution with the purpose of either removing the cars from the road or fixing them. I would say the 100% buyback on the 2.0 cars was overkill. But I believe the EPA and FTC were concerned about how to handle 500,000 non-emissions compliant cars going forward. What if California or another state decided owners could no longer register them? Also, if the intent was to incentivize current owners to get the cars fixed or get them off the road, the restitution amount makes a lot of sense. It's not really a punitive damage, but rather a way to make sure owners do something with their cars. Afterall, as part of the agreement, VW needs to fix or remove 85% of the offending cars.

Finally, when you talk about harm, there is another group actually harmed even more so than the group of owners that sold prior to the scandal being public. Every other auto manufacturer that had a vehicle in the same class as VW could have a case for lost market share due to VW's actions. Proving how much that was is of course impossible, but still very real. How many of those TDI buyers may have ended up with another brand's hybrid, electric or gas sipping alternative, if VW actually had to price in the emissions compliance into their vehicles? If there was another $5k premium on the cost of a TDI would VW have sold 500,000? Maybe the number would have been 50% of that with the rest going to other manufacturers. See the problem? In the real world lines need to be drawn, compromises made and agreements made. VW's settlement is more than fair for the vast majority of people impacted by their fraud. However, like life, you can't please everybody.
 
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DanB36

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Just checked the court docs for the Bosch CAS and looks like we are screwed out of that as well. Unfair!
No surprise there. So what have you done about it since you last posted, four months ago? Or are you just going to complain?
 
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