Diesel Cayenne and VW emission issue
#3166
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I could be mistaken ... but ... my understanding is that the Gen 1 3.0l diesels are the 2009-2012 model years found only in VW's and Audi's. Within those model years there are 1.1 and 1.2 sub versions. All of which are eligible for buy back at the published amounts.
The generation 2 3.0l diesels are 2013-2016 and within those model years there are 2.1 SUV, 2.2 SUV and 2 PC suv versions. While I don't know it to be true, I'm thinking the 2013/2014 Cayenne diesels are the 2PC? ... regardless, the differences are in what is required to fix each of the sub versions and the dates these have to be approved by. These are listed in the Exhibit 1A_B Explanation of Benefits document which is in the PSC Proposed Settlement Agreement set of documents.
The generation 2 3.0l diesels are 2013-2016 and within those model years there are 2.1 SUV, 2.2 SUV and 2 PC suv versions. While I don't know it to be true, I'm thinking the 2013/2014 Cayenne diesels are the 2PC? ... regardless, the differences are in what is required to fix each of the sub versions and the dates these have to be approved by. These are listed in the Exhibit 1A_B Explanation of Benefits document which is in the PSC Proposed Settlement Agreement set of documents.
#3167
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2 PC (private cars?) are not SUVs. They are the Audi cars. I believe there are A6 and A8s with the same engine as ours. The pre-facelift CDs are the 2.1 (2013-2015?). Face-lifted CDs (2.2) are from 2016, right?
#3169
#3170
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Simply put, no free money for those with no skin in the game.
#3172
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I believe PCNA already owns them. Regardless though, they will be fixed and then sold which will negate the buyer getting any of this settlement. Additionally the agreement is clear about the time range you had to own/lease and those "new" vehicles new owners will fall outside of that range.
Simply put, no free money for those with no skin in the game.
Simply put, no free money for those with no skin in the game.
"You are eligible for relief if:
You currently hold title to an Eligible Vehicle in the United States or its territories or hold it by bill of sale dated before September 30, 2019"
(this is from the FAQ)
Except that the settlement says:
"or who (2) between November 3, 2015 and the Claim Submission Deadline for Eligible Owners and Lessees, inclusive, become the owner of an Eligible Vehicle in the United States or its territories...."
And "The Claims Submission Deadline for Eligible Owners and Eligible lessees of Generation Two vehicles is December 31, 2019."
I'm not sure how those two jibe, especially since the Gen 1 deadline is June 1, 2019 and the Gen 2 is December 31, 2019. No idea where September comes in?
That means buyers will need to be very educated to be able to figure out if they're getting a good price on those used/new vehicles, I would say. Porsche dealers and PCNA are specifically excluded, of course, and dealers have already been made whole on their end in a previous settlement agreement.
So, if you buy one of those things this summer, technically, you're part of the class by that statement. Since the dealer can't take advantage of the settlement, they'll most likely be selling close to book/retail value knowing you can get another $9,400 to $16,000 back.
Except there is this:
"No Double Compensation. Once (i) an Eligible Vehicle has received a Reduced Emissions Modification or Emissions Compliant Repair, and (ii) Owner Restitution or an Owner Repair Payment has been paid to the Eligible Owner (and, if applicable, Former Owner Restitution or a Former Owner Repair Payment has been paid to the Eligible Former Owner or Former Owners, or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Former Lessee) or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Lessee, then Defendants shall not have any obligation to pay any additional restitution (or any Vehicle Value) for that Eligible Vehicle. This applies for all 3.0-liter vehicles."
That, to me, says that for those vehicles that will be fixed and then sold, it meets the requirements of the above paragraph. (i)Fix applied, (ii) Owner restitution paid to Eligible Owner, except the Eligible Owner is PCNA and/or dealer, who are explicitly excluded - and have been made whole already, so their restitution is complete and no additional will be paid on those vehicles.
But, of course, Porsche will still try to get full value for them! Given the settlement values the '16s at 93% of MSRP, I'd say that's the fair starting point for negotiations!
#3173
Rennlist Member
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I believe PCNA already owns them. Regardless though, they will be fixed and then sold which will negate the buyer getting any of this settlement. Additionally the agreement is clear about the time range you had to own/lease and those "new" vehicles new owners will fall outside of that range.
Simply put, no free money for those with no skin in the game.
Simply put, no free money for those with no skin in the game.
#3174
Three Wheelin'
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I'm planning on buying a 2014 Cayenne Diesel by the end of the month for the wife. The particular vehicle I'm looking at is a 1 owner (came off a lease), no accidents, 35k miles (asking $49k). It's coming from a large out of state dealer group.
Couple of questions? Any info would be greatly appreciated.
1) Will I have any problems registering the vehicle in California?
2) What compensation/settlement options will I have on this particular vehicle? (figure the previous owner isn't registering for the settlement before the May 1st deadline).
The plan is keep the vehicle for a couple years at least. If they can't come up with a fix I assume I'll be part of the buy back. What would be my worst case scenario regarding the settlement etc....
Thanks RL!
Couple of questions? Any info would be greatly appreciated.
1) Will I have any problems registering the vehicle in California?
2) What compensation/settlement options will I have on this particular vehicle? (figure the previous owner isn't registering for the settlement before the May 1st deadline).
The plan is keep the vehicle for a couple years at least. If they can't come up with a fix I assume I'll be part of the buy back. What would be my worst case scenario regarding the settlement etc....
Thanks RL!
#3175
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Not so fast, Hoss:
"You are eligible for relief if:
You currently hold title to an Eligible Vehicle in the United States or its territories or hold it by bill of sale dated before September 30, 2019"
(this is from the FAQ)
Except that the settlement says:
"or who (2) between November 3, 2015 and the Claim Submission Deadline for Eligible Owners and Lessees, inclusive, become the owner of an Eligible Vehicle in the United States or its territories...."
And "The Claims Submission Deadline for Eligible Owners and Eligible lessees of Generation Two vehicles is December 31, 2019."
I'm not sure how those two jibe, especially since the Gen 1 deadline is June 1, 2019 and the Gen 2 is December 31, 2019. No idea where September comes in?
That means buyers will need to be very educated to be able to figure out if they're getting a good price on those used/new vehicles, I would say. Porsche dealers and PCNA are specifically excluded, of course, and dealers have already been made whole on their end in a previous settlement agreement.
So, if you buy one of those things this summer, technically, you're part of the class by that statement. Since the dealer can't take advantage of the settlement, they'll most likely be selling close to book/retail value knowing you can get another $9,400 to $16,000 back.
Except there is this:
"No Double Compensation. Once (i) an Eligible Vehicle has received a Reduced Emissions Modification or Emissions Compliant Repair, and (ii) Owner Restitution or an Owner Repair Payment has been paid to the Eligible Owner (and, if applicable, Former Owner Restitution or a Former Owner Repair Payment has been paid to the Eligible Former Owner or Former Owners, or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Former Lessee) or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Lessee, then Defendants shall not have any obligation to pay any additional restitution (or any Vehicle Value) for that Eligible Vehicle. This applies for all 3.0-liter vehicles."
That, to me, says that for those vehicles that will be fixed and then sold, it meets the requirements of the above paragraph. (i)Fix applied, (ii) Owner restitution paid to Eligible Owner, except the Eligible Owner is PCNA and/or dealer, who are explicitly excluded - and have been made whole already, so their restitution is complete and no additional will be paid on those vehicles.
But, of course, Porsche will still try to get full value for them! Given the settlement values the '16s at 93% of MSRP, I'd say that's the fair starting point for negotiations!
"You are eligible for relief if:
You currently hold title to an Eligible Vehicle in the United States or its territories or hold it by bill of sale dated before September 30, 2019"
(this is from the FAQ)
Except that the settlement says:
"or who (2) between November 3, 2015 and the Claim Submission Deadline for Eligible Owners and Lessees, inclusive, become the owner of an Eligible Vehicle in the United States or its territories...."
And "The Claims Submission Deadline for Eligible Owners and Eligible lessees of Generation Two vehicles is December 31, 2019."
I'm not sure how those two jibe, especially since the Gen 1 deadline is June 1, 2019 and the Gen 2 is December 31, 2019. No idea where September comes in?
That means buyers will need to be very educated to be able to figure out if they're getting a good price on those used/new vehicles, I would say. Porsche dealers and PCNA are specifically excluded, of course, and dealers have already been made whole on their end in a previous settlement agreement.
So, if you buy one of those things this summer, technically, you're part of the class by that statement. Since the dealer can't take advantage of the settlement, they'll most likely be selling close to book/retail value knowing you can get another $9,400 to $16,000 back.
Except there is this:
"No Double Compensation. Once (i) an Eligible Vehicle has received a Reduced Emissions Modification or Emissions Compliant Repair, and (ii) Owner Restitution or an Owner Repair Payment has been paid to the Eligible Owner (and, if applicable, Former Owner Restitution or a Former Owner Repair Payment has been paid to the Eligible Former Owner or Former Owners, or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Former Lessee) or Lessee Restitution or a Lessee Repair Payment has been paid to the Eligible Lessee, then Defendants shall not have any obligation to pay any additional restitution (or any Vehicle Value) for that Eligible Vehicle. This applies for all 3.0-liter vehicles."
That, to me, says that for those vehicles that will be fixed and then sold, it meets the requirements of the above paragraph. (i)Fix applied, (ii) Owner restitution paid to Eligible Owner, except the Eligible Owner is PCNA and/or dealer, who are explicitly excluded - and have been made whole already, so their restitution is complete and no additional will be paid on those vehicles.
But, of course, Porsche will still try to get full value for them! Given the settlement values the '16s at 93% of MSRP, I'd say that's the fair starting point for negotiations!
Well hell that might just make me want to double-dip! Get paid on my '14, get it fixed, get paid again... then trade it in for a "new" 2016 and get paid again?
#3176
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I doubt these cars can be resold without being made fully compliant. While the timeline for the compliant repair likely does not apply to PCNA owned CDs, a lot is riding on the compliant repair to get them on the road. Not sure how they'd get away with selling with partial compliance. So don't expect to see them unless they nail a fix.
On one hand that would make the new owners part of the class (an unfixed vehicle within the time window) which means both an additional pay out and in the worst case another vehicle to buy back (plus the bad blood that may create).
On the other, even if you wiped the idle cost clean and started fresh as soon as the agreement is approved, Cayennes don't have to sit unsold long to wash out having to pay out to the new owners in the settlement.
My guess, however, is that the following happens:
1) The existing settlement is ratified with little if any changes.
2) PCNA does not release the vehicles for sale.
3) The fix is finally approved.
4) PCNA fixes all the held Cayennes first and releases them for sale.
5) PCNA starts the recall process for all remaining Cayennes.
Financially it would make sense to get the vehicles on the market and off the books as soon as possible, but legally speaking that could open them up to even more complainants if the fix does not go as planned. I expect they'll take the conservative approach from the legal side of the house.
#3177
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Technically you could buy and sell a bunch of used Cayennes up to the registration cut off for previous owners and get some of the cash for them. Not sure how effective of a money making scheme that is though
![Big Grin](https://rennlist.com/forums/images/smilies/biggrin.gif)
#3178
Burning Brakes
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Am I understanding the right. Let's say I do like to upgrade/sell my Porsche every couple to few years. And actually I do...but anyway. This text from the settle basically could ties me to the SUV until Aug 2018 if VW chooses to sit on this. I understand if I want to sell a devalued SUV my dealer is perfectly willing to give me $35k for a very low mileage 2014. So basically I'm punished because I'm not willing to wait until 8/2018. I'm not complaining just want to make sure I'm understanding:
Class Members may withdraw from the Class Action Settlement if neither an Emissions Compliant Repair
nor a Reduced Emissions Modification is approved for their vehicle by August 1, 2018.
What does withdraw'ing mean? Everything else I read is if they don't get their act together this all goes to a buyback by this fall. Again another long wait.
Class Members may withdraw from the Class Action Settlement if neither an Emissions Compliant Repair
nor a Reduced Emissions Modification is approved for their vehicle by August 1, 2018.
What does withdraw'ing mean? Everything else I read is if they don't get their act together this all goes to a buyback by this fall. Again another long wait.
#3179
Rennlist Member
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Nope, per what skiahh posted you wouldn't be able to IF they hold onto them until the fix is applied. Now if they sell them prior to the fix being applied, then yes you'd be able to "double dip" (though that isn't really the correct term since it's not a payout on the same vehicle).
Technically you could buy and sell a bunch of used Cayennes up to the registration cut off for previous owners and get some of the cash for them. Not sure how effective of a money making scheme that is though![Big Grin](https://rennlist.com/forums/images/smilies/biggrin.gif)
Technically you could buy and sell a bunch of used Cayennes up to the registration cut off for previous owners and get some of the cash for them. Not sure how effective of a money making scheme that is though
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If one is not approved, then I'd guess CARB/EPA won't allow them to be sold.
If a reduced fix is approved, then maybe....
My guess, however, is that the following happens:
1) The existing settlement is ratified with little if any changes.
2) PCNA does not release the vehicles for sale.
3) The fix is finally approved.
4) PCNA fixes all the held Cayennes first and releases them for sale.
5) PCNA starts the recall process for all remaining Cayennes.
1) The existing settlement is ratified with little if any changes.
2) PCNA does not release the vehicles for sale.
3) The fix is finally approved.
4) PCNA fixes all the held Cayennes first and releases them for sale.
5) PCNA starts the recall process for all remaining Cayennes.
If they do it as you suggest, then the court contradicts its priorities about our vehicles spewing pollutants and killing everyone.
#3180
Burning Brakes
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Found the answer, just have to do a lot of reading
.
If no emissions modification has been approved by June 15, 2018, Volkswagen will
notify Class members of this fact and their rights. To withdraw, you must submit a written opt-*out request
and, if applicable, must refund any Repair Participation Payment in accordance with the process outlined
below, under Question 59.
![Smilie](https://rennlist.com/forums/images/smilies/smile.gif)
If no emissions modification has been approved by June 15, 2018, Volkswagen will
notify Class members of this fact and their rights. To withdraw, you must submit a written opt-*out request
and, if applicable, must refund any Repair Participation Payment in accordance with the process outlined
below, under Question 59.