Diesel recall, what comes next
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Thread: Diesel recall, what comes next

  1. #101
    Guru Member 2013Tdi has a reputation beyond repute2013Tdi has a reputation beyond repute2013Tdi has a reputation beyond repute2013Tdi has a reputation beyond repute2013Tdi has a reputation beyond repute 2013Tdi's Avatar
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    Re: Diesel recall, what comes next

    Quote Originally Posted by Teamrothschild View Post
    Richard Rothschild Loyola University Maryland
    I believe the 5th and 14th Amendments will prevent the government from forcing owners to retrofit their cars. "Nor may property be taken without due process and just compensation." The government cannot refuse to allow owners to register their cars. Why? Because blocking registration would amount to a "taking"... i.e. Taking property away.... And the courts have consistently upheld the principle that the state cannot substantively take away all use of private property. I predict the first lawsuit against a state that tries to deprive owners of their registration (and therefore all effective use) will lead to a quick determination that the state had engaged in a prohibition of use that is so substantial that it easily passes the threshold of a "taking" and is therefore unconstitutional. Want to know is who is really negligent here? Answer... The EPA. They should have engaged in road tests of all vehicles. If their simulated testing failed to properly simulate reality, blame them. It's going to be fun to watch the EPA and state environmental organizations lose their butts in court. Gotta love it. Carrroll County Commissioner Richard Rothschild.
    Don't pay the taxes on your House, then let me know what they can or cannot take from you.

    Don't pay your payroll taxes, then let us know what they can or cannot take from you.

    Point is, if they would decide to take, no one will be able to stop it.

    They TOOK people to fight a war, and a lot of those people died. So, if they can take PEOPLE,
    they will surly take property; oh, eminent domain...

    I don't put anything past our corrupt government. They did not do their due diligence in
    testing these cars, they should ALSO be held liable!

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  3. #102
    New Member SnoopyTDI is just really nice SnoopyTDI's Avatar
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    Re: Diesel recall, what comes next

    Quote Originally Posted by Jedi Knight View Post
    SnoopyTDI, I found the citation for the $24257 value you mentioned. It is in the Court Document Attachment 1A. The explanation of the document is confusing in that the Court website did not make the determination of the base value and restitution value a transparent process. The title on each page states: "Attachment 1A: Buyback and Approved Emissions Modification Restitution." The values that are indicated in "Buyback" column 1 already include the restitution. Column 2 is the restitution amount paid to owners electing modification of the emissions system. The government's attempt to simplify the process made it more confusing to interpret.

    Again referring to the VWCourtSettlement.com website, the approved FTC Consent order states on page 35 that "...for an Eligible Owner who has elected to receive payment by check, (a) if the vehicle is subject to a positive Mileage Adjustment [this relates to increased remuneration for lower mileage], Defendant shall send an additional check within 3 banking days for the amount of the positive adjustment or (b) if the Eligible Vehicle is subject to a negative Mileage Adjustment, a check will not be provided immediately and instead Defendant will issue and send a new check within 3 banking days for the adjusted amount."

    Once again the mileage adjustment is the actual mileage at settlement compared to the allowed 1042 miles per month put on the car from the date that VW accepted the owner's notarized buyback documents. During that interval I put approx 460 miles on my JSW. It mostly sat in my driveway. I would be allowed 1500 miles. So that is about a 70% reduction in actual miles after VW accepted my documents. It seems to me those reduced miles should be worth 30 or 40 cents per mile. The court has indicated reduced mileage will positively impact the remuneration, it just did not explain how it is computed.

    My complaint about the settlement meeting was that neither the two third party settlement specialists, nor VW corporate headquarters was prepared to answer that question, nor the Title Power of Attorney question about recovering sales taxes. They made a frustrating process even more so.

    Hi Jedi,

    The mileage adjustment is technically from September 2015 to the date of buyback. I believe the section you quoted is really just saying if you go up or down the mileage chart (I think they are all 5000 mile bands) after the offer then they will adjust the offer accordingly. Usually, no adjustment is going to occur because most people will average close to the monthly mileage allowance and therefore not change bands. Without looking at your case in detail, was your mileage when the offer letter at the higher end of the mileage bands? That would explain why no additional adjustment would occur, even though you are driving less than the 1042 miles allowed. Here is a link to a calculator that was created with all the factors dependent on the actual buyback date and mileage (sorry not enough posts to post direct link type: https:// then add agrahamg.github.io/VWBuybackCalculator/

    As for the sales tax issue, we will not get any money for that. Each state has different tax laws. In Arizona as an example, if you buy a car from a private party there is no sales tax. In that same situation in Illinois, you pay sales tax when you register the car. In most states, if you trade in your car and buy one from that dealer you get a tax break. The value of the trade in vs the new car price reduces your tax liability. That said, all the people exercising the buyback will likely be buying new or used from a dealer and thus paying new sales tax, without any trade-in offset, because we aren't trading it in, we are essentially selling the car to VW and releasing our claims against the company. Anyway, it seems to me that VW will be seeking some tax relief because of all the new tax dollars that will be generated for each state from the buyback. Companies get special tax consideration all the time for doing x, y, z.

    I have no comment on the power of attorney, sorry.

  4. #103
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    Re: Diesel recall, what comes next

    There is not supposed to be any mileage adjustment if you stayed under or at the 1200 miles per month, is
    what I got out of it from what I read, not 1500 miles. I have 230,000 on my 2013, I ain't gettin' ****. In
    fact, I would owe over $2000.00, so I would need loan forgiveness. So, I may as well take the $5100 and
    keep it with the fix, then spend $1000.00 of that on a FlashZilla and a tune... I don't think they will be able
    to fix them, so they will have to buy them back, and no one will owe anything. I believe that 1200 mile a month
    limit went into effect the same date as they're using for the car's value, September 2015.

    In PA, the buyer pays taxes every time the car is bought, it's essentially double, triple taxation, and so on, and
    no one will do anything about it. PA sucks, always has, always will... The only time you get tax off, is when
    you trade the car in, reducing the final cost of the car you're buying.

    All in all, there should be no tax, because you paid it when you bought it, from VW, and they're buying
    it back. Especially if there is a lien, you should not pay taxes at all, beause you paid TAX on the
    full amount of the loan. SO, if you still have a loan, then you should actually get a tax rebate
    because; say your balance is $12000, and you get $12000 to pay it off, they take the car. You
    already paid taxes on the $24000 for buying it, and will now have no car, and pay an additional
    TAX on the $12000 just to cover the loan? You should get the sales tax back on $12000 because
    of it... I am so tired of government pocket pool, and losing every single time...

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  6. #104
    New Member abpcycles is a jewel in the rough abpcycles's Avatar
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    Re: Diesel recall, what comes next

    I live in California. I asked the Calif Air Resources Board if VW does not produce an approved modification, will the state stop me from registering my car. According to the CARB they will not stop anyone from registering their car, even with no fix. VW is paying heavy penalties for the cars either way.

    So, my guess is that VW will not work to find an approved modification, at least not for California. That way they won't have to pay out the cash to the owners who opt for the modification. They will save millions.

    I plan on keeping my car. What i have not seen is will we be taxed on the money VW will pay out to owners for either the buyback or the modification or both. If we are taxed on that money, then no way will we be able to pay another comparable car without vast expense.

  7. #105
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    Re: Diesel recall, what comes next

    The consumer (We the people) will ALWAYS lose, don't ever forget that.

    If there will be no fix, then I will sell it back. I will have to get loan forgiveness
    because I will owe due to the miles I rack up on it. You have till September 2018
    to make up your mind.

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