Volkswagen under investigation over illegal software that masks pollution

[Rawcpoppa]

I don't see buy-back as a likely outcome.

I, personally, have no doubt that Volkswagen have committed fraud - others disagree. In my opinion, the major fraud was against the approvals organisations, who approved the vehicles based on fraudulently produced results. But these organisations aren't the owners of the affected vehicles.

I believe we owners are victims of fraud, in that the vehicle we own is technically not what we thought we were buying. Volkswagen is a premium brand, for which people pay a price premium, and expect premium quality - for many, that premium quality included the "clean diesel" technology that Volkswagen were touting as a premium feature. That particular feature we did not receive.

If we accept that a fraud was committed, then, technically speaking, rescission of the contract is a potential remedy - both parties are restored to the position they would've been in had the contract not been executed. This typically means the party seeking the remedy gives back all benefits obtained under the contract - how do you give back years of ownership of a vehicle? How does Volkswagen get back a factory-fresh vehicle? What is the appropriate price for buying back any given vehicle? A potential s***-storm of unimaginable proportions.

I believe that the most any court (in a modern, first world country) will award is compensation; partly a return of part of the "premium" owners paid for the "clean diesel" technology that they didn't get, partly compensation for being a "victim" of a fraud. Gut feel is that will be single-digit thousands for most vehicles, maybe getting into low double-digits for the most expensive affected vehicles, but I have no concrete basis for selecting these figures. However a suitable figure is calculated, I think it is most likely to be based on a percentage of the original purchase price, and not age or condition of the vehicle now.

So, ultimately I agree that any "Plea bargain" may include accelerated settling of class actions, but I doubt that buy-back will feature anywhere.

But I'm often wrong, so stay tuned for the announcement of a buy-back.

Buyback only in the US. Not worldwide. There are some tdi vehicles that cannot be brought into compliance with a software fix or simple hardware fix due to the US's more stringent emissions requirements.

[Rawcpoppa]

I'd say it's that and their stronger lemon laws. So if the $2 pipe from bunnings and the reprogram cause several increased wear issues with the engines systems like egr etc in the USA they could hit vw for the cost , elsewhere it's just suck it up ,out of warranty bad luck. Now considering the Ecu has run for 6 years at least 1/2 the cars are already out of warranty, throw in the projected 12months to recall and update all the effected vehicles and your now at 66% out of warranty.

It's more to do with the cars not passing certification to be sold in the US due to fraud.

[Amalgam]

US investigators trying to unravel Dieselgate scandal accuse VW of hiding behind German privacy laws

Volkswagen has refused to hand over emails, text messages and written notes to a number of state-based attorneys general – because, it says, to do so would break German law.

The US Justice Department last week blistered Volkswagen by insisting the car-maker had “impeded and obstructed” its investigators and provided “misleading information”.

http://www.carpoint.com.au/news/2016/volkswagen/volkswagen-irks-dieselgate-investigators-100835

[Tobes_WIR35]

They're not hiding behind the law. They're simply complying with it.

[Tobes_WIR35]

Of course it's arse covering. I was just clarifying what I think is an error in the headline of the article.

[Eaglen00b]

Spoke to the service manager at a VW service centre this morning about the proposed "software patch" for my vehicle. They've been advised by head office the fix is undergoing final testing and will be rolled out this quarter. He reckons more likely at the end of the quarter, based on past experience with software updates.

He also expressed some doubt that performance & economy won't be adversely effected. That's what I thought too, unless VW has figured out how to bend the laws of thermodynamics......?

[Ryeman]

When you burry the EGR valve between the firewall and back of the engine and then, post fix, demand it to work much harder reliably; don't hold your breath.......unless you DO believe in Father Xmas.

[Eaglen00b]

When you burry the EGR valve between the firewall and back of the engine and then, post fix, demand it to work much harder reliably; don't hold your breath.......unless you DO believe in Father Xmas.

Or you're one of the lucky ones who have the vehicle on an operating lease, in which case you only need the vehicle to stay in good operating condition until handing it in at lease end.....

[Ryeman]

Or you're one of the lucky ones who have the vehicle on an operating lease, in which case you only need the vehicle to stay in good operating condition until handing it in at lease end.....

Exactly!
To bad if your budget doesn't allow you to trade up regularly.
Then again, I doubt if VW has any affinity with 'battlers' who have to budget.
In the U.S. the CARB has mandated even stricter emission standards from 2020 with a requirement for longer term reliability of the controlling equipment eg EGR.
VW - take note.

[dinot81]

Was reading in a German newspaper today, the recall for diesel affected cars starts on 28 January in Germany with Passat and Amarok's going back first. They did not mention any other models as yet due to complexity as they will need hundreds of different solutions for cars around the world and affected models. It will take a while until it gets here. For cars in Germany, it's a mandatory recall, anyone refusing to take it back will have their registration cancelled.

Here in Oz, we have no emissions testing for cars, in my opinion will just be voluntary recall by VW. Not sure if the government would force us to take our cars back

Regards

[Ryeman]

In today's Green Car Reports, the article telling of "......widespread knowledge within the diesel-engine group at VW HQ in Wolfsburg Germany, of the 'defeat device' and was reported by a whistleblower to senior management outside the group back in 2011".
Looks like prison time for some and an excuse for massive fines in the U.S. in particular.

[Ryeman]

Here's a link to a similar article.
VW cheat 'open secret in department'

I think the excuse" only 6 engineers knew " will be thrown out the window now.

Agree
When a 'few' conspire to cheat, there can be no winners.

[Ryeman]

They are not quite as bad as Vladimir Putin at least and his cronies. (BBC website)
The poor mislead Russians voters!

[Elmura]

They are not quite as bad as Vladimir Putin at least and his cronies. (BBC website)
The poor mislead Russians voters!

How funny. So, Obama is honest & trust worthy?

Sent from my LG-D855 using Tapatalk

[Ryeman]

How funny. So, Obama is honest & trust worthy?

Sent from my LG-D855 using Tapatalk

At least he hasn't had as many journalist murdered!.