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    Thread: VW timing chain class action lawsuit

    1. Member col.mustard's Avatar
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      03-12-2019 03:25 PM #26
      Quote Originally Posted by vath View Post
      I received this bogus letter also... I proactively replaced timing chain and tensioner at an independent shop. Submitted all forms and receipt with shop info. I called the other day and they said they would call back within 3 business days with more information as to why i got the ineligibility letter.

      I also have a friend who had his GLI break down down to timing... he repaired at an independent shop as well and got the same letter.
      Quote Originally Posted by lyonsroar View Post
      I had mine replaced proactively at a VW dealer. I wonder if I have a letter sitting at home...
      Quote Originally Posted by Shawn O View Post
      Also received the same letter and called yesterday. Got the same response "we'll look into it and call you within 3 days". I plan to write a short letter explaining AGAIN that work was performed by independent shop and include copies of everything AGAIN but send certified mail this time.

      I dont' recall what exactly I sent in originally. I know I sent the repair invoice and proof of maintenance. Was proof of ownership required also? I don't recall exactly what I uploaded originally, maybe a copy of our title?
      was the repair/service done with OEM VW parts? If you have it done at an independent shop, it HAS to be done with VW parts. VW Dealership should be using VW parts for this particular repair/replacement.
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    3. Member Slipstream's Avatar
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      03-12-2019 05:52 PM #27
      Quote Originally Posted by col.mustard View Post
      1. VW will only reimburse AFTER the part fails. you CANNOT fix it in retroactively.
      Do you mean you can't fix it proactively? Because if not, that's some grade-A horse****. I had mine done at 95k mi, at an authorized VW dealer, at the direction of the technician (he confirmed that my tensioner was holding on by a thread).

      I haven't seen a letter either way yet, so I'm reeeeeeeally hoping the one I do receive includes a check.

      Has anyone actually seen a payout from VW re: this class action lawsuit?
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    4. Member vath's Avatar
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      03-12-2019 05:55 PM #28
      Claim Form, Maintenance Declaration, Proof of Ownership (registration), and Proof of Repair/Payment is what i sent in at the beginning of 9/2018.
      My proactive repair was done at 90k miles... Chain and tensioner, ect.
      Last edited by vath; 03-12-2019 at 05:59 PM.
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    5. Semi-n00b migrainedinpgh's Avatar
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      03-12-2019 05:59 PM #29
      Quote Originally Posted by col.mustard View Post
      i too received this letter a few months ago. I contacted VWoA and talked with them, as well as my local dealership. a few take-aways:
      1. VW will only reimburse AFTER the part fails. you CANNOT fix it in retroactively.
      2. You CAN have the repairs done by a shop of your choosing (as long as it's replaced/repaired WITH the officially listed OEM VW manufactured parts).
      3. Follow the chart percentages for engine replacement coverage.
      4. There is a maximum listed coverage for engine replacement/repair and for the amount an independent shop can charge for the service/repair.

      edit: added more points and bold emm-fass-sis
      So, this is not mentioned in the class-action paperwork. I filed online so I have the original letter at home; I will be copying it and sending it with my response, because my repair used OEM Tensioner/Timing Chain, but the head unit was a reman. My independent shop got four engines the same week and I was in a rental, so he completely rebuilt the other three and used a remanufactured head for my car to get it back to me more quickly.

      If they don't explicitly tell you you can be excluded for something, can they exclude you?

      FWIW, emailing them at the address on the letter does not get any response. Tomorrow, I guess I'll be sitting on hold with them. (Conference calls yesterday/today and I emailed Friday evening)

    6. Member vath's Avatar
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      03-12-2019 06:31 PM #30
      This is how they will sink most of our claims:

      https://www.timingchainlitigation.com/Home/Faq#faq7



      In order to be reimbursed for out-of-pocket expenses, you must provide documentation sufficient for the Claim Administrator to process the Claim. This includes originals or legible copies of repair invoices, receipts, business cards, letterheads, credit card receipts, copies of checks, and/or other records, showing the following::

      • The Settlement Class Member's name, and the make, model year, and vehicle identification number (VIN) of the Settlement Class Vehicle (this will frequently be on the repair invoice);
      • Name and address of authorized Volkswagen/Audi dealer or servicing center that performed the repair (this will frequently be on the repair invoice);
      • Date of repair, description of repair work performed, mileage at repair, and part(s) replaced (this will frequently be on the repair invoice);
      • Proof of ownership or lease of the vehicle;
      • That the repair or replacement was due to the failure of the timing chain tensioner and/or timing chain within the time/mileage parameters of the Settlement;
      • The cost (parts and labor) of repair/replacement and proof of payment of same or such other proof sufficient to establish the repair and payment (this can be a copy of the check, credit card statement, or if paid in cash, a stamped “paid” invoice); and/or
      • Documents evidencing the Settlement Class Member's good-faith adherence to the relevant aspects of the vehicle maintenance schedule during the time he/she owned the Settlement Class Vehicle, in particular, scheduled oil changes, up to the date/mileage of repair/replacement, within a variance of 10% of the scheduled time/maintenance requirements (e.g. if oil changes are required for your vehicle every 5,000 miles, you must have had the oil change no later than 500 miles past the recommended oil change requirement). However, in the event maintenance records cannot be obtained despite a good-faith effort to obtain them, the Settlement Class Member may submit a sworn declaration detailing what efforts were made to obtain the records, why the records are not available, and attesting to adherence to the vehicle maintenance schedule and, in particular, scheduled oil changes, up to the date/mileage of replacement/repair, within the variance set forth above.
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      03-12-2019 07:14 PM #31
      Quote Originally Posted by vath View Post
      This is how they will sink most of our claims:

      https://www.timingchainlitigation.com/Home/Faq#faq7



      In order to be reimbursed for out-of-pocket expenses, you must provide documentation sufficient for the Claim Administrator to process the Claim. This includes originals or legible copies of repair invoices, receipts, business cards, letterheads, credit card receipts, copies of checks, and/or other records, showing the following::

      • The Settlement Class Member's name, and the make, model year, and vehicle identification number (VIN) of the Settlement Class Vehicle (this will frequently be on the repair invoice);
      • Name and address of authorized Volkswagen/Audi dealer or servicing center that performed the repair (this will frequently be on the repair invoice);
      • Date of repair, description of repair work performed, mileage at repair, and part(s) replaced (this will frequently be on the repair invoice);
      • Proof of ownership or lease of the vehicle;
      • That the repair or replacement was due to the failure of the timing chain tensioner and/or timing chain within the time/mileage parameters of the Settlement;
      • The cost (parts and labor) of repair/replacement and proof of payment of same or such other proof sufficient to establish the repair and payment (this can be a copy of the check, credit card statement, or if paid in cash, a stamped “paid” invoice); and/or
      • Documents evidencing the Settlement Class Member's good-faith adherence to the relevant aspects of the vehicle maintenance schedule during the time he/she owned the Settlement Class Vehicle, in particular, scheduled oil changes, up to the date/mileage of repair/replacement, within a variance of 10% of the scheduled time/maintenance requirements (e.g. if oil changes are required for your vehicle every 5,000 miles, you must have had the oil change no later than 500 miles past the recommended oil change requirement). However, in the event maintenance records cannot be obtained despite a good-faith effort to obtain them, the Settlement Class Member may submit a sworn declaration detailing what efforts were made to obtain the records, why the records are not available, and attesting to adherence to the vehicle maintenance schedule and, in particular, scheduled oil changes, up to the date/mileage of replacement/repair, within the variance set forth above.
      I see your point.
      It doesn't make this any less frustrating.
      The only people who will have extensive receipts and mileage documentation on this are the people that get their oil and other maintenance done at a dealer.
      Those are also probably the same people who will have the timing chain/tensioner replaced at a dealer, and wouldn't have received this letter in the first place.

      The folks (like me) who do their own oil/routine maintenance, and proactively replaced the parts at an independent shop, may be SOL due to this verbiage.
      I will be calling tomorrow, as I got this same letter today in the mail.
      What a pain in the ***, the hoops we have to jump through...
      Quote Originally Posted by Triumph View Post
      That's like a child saying, "I'm going to swing my fists and walk towards you, and if you get hit, it's your fault!"

    8. Member vath's Avatar
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      03-12-2019 07:22 PM #32
      call now... 1-855-206-9873, wait a few minutes thru the auto message and press 6 to get on hold for a real operator. They have no info available except what you've submitted. They can only process an inquiry to another department for follow-up. So you may as well get your place in the queue ASAP. They are saying you should get a call back within 3-4 business days. Better start that clock sooner than later....
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      03-13-2019 12:20 AM #33
      Quote Originally Posted by vath View Post
      call now... 1-855-206-9873, wait a few minutes thru the auto message and press 6 to get on hold for a real operator. They have no info available except what you've submitted. They can only process an inquiry to another department for follow-up. So you may as well get your place in the queue ASAP. They are saying you should get a call back within 3-4 business days. Better start that clock sooner than later....
      I submitted (online)
      - full service records
      - proof of ownership
      - detailed invoice from independent shop
      - credit card receipt

      I got the letter - it seems they are sending out the same letters to everyone. Same wording and everything. So it seems they are trying to screw us all over again. I emailed them, and got emailed back, but it was a BS reply that just told me to just go away and provide what the letter was asking for.

      I had my timing chain replaced at an independent shop, but that is EXPLICITLY allowed.

      I know some people are saying 'proactive' replacement is technically not covered, but if you have an invoice showing you paid for replacement, then how can anyone tell if it was proactive or not? I mean what kind of crazy person would pay $800 to fix something that's not broken?
      Last edited by loopless; 03-13-2019 at 12:27 AM.

    10. Member Stromaluski's Avatar
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      03-13-2019 08:33 AM #34
      Quote Originally Posted by VadGTI View Post
      It clearly states that independent shops are acceptable, subject to the payout limitation. Why would you be SOL?

      What I don't understand is why GTIs are only eligible through 2012, while Beetles, A4s and Jettas are eligible through 2014.
      This. And not all '12 GTIs, too. My wife had to have this done on her '12 GTI. Put the VIN into the VIN eligibility checker on the website and got told that it wasn't covered by the lawsuit.

    11. 03-13-2019 10:05 AM #35
      I've scoured the official timing chain website and found the following.

      The initial settlement says you can have an independent shop do the repair. However, the final amendment to the settlement states that if the repair occurred 30 days after the "NOTICE DATE" then the repair must done by a dealer. The question is, what is the "NOTICE DATE", I cannot identify the notice date.

      It is defined as the date at which the Claim Administrator shall mail the settlement to the settlement class. I cannot identify this date. Does anybody have an idea on this date?

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      03-13-2019 10:26 AM #36
      Quote Originally Posted by stevenDH View Post
      I've scoured the official timing chain website and found the following.

      The initial settlement says you can have an independent shop do the repair. However, the final amendment to the settlement states that if the repair occurred 30 days after the "NOTICE DATE" then the repair must done by a dealer. The question is, what is the "NOTICE DATE", I cannot identify the notice date.

      It is defined as the date at which the Claim Administrator shall mail the settlement to the settlement class. I cannot identify this date. Does anybody have an idea on this date?
      I wonder if those only got mailed to the original buyer of the vehicle?
      I know for a fact that I never received anything via mail from the "claim administrator" regarding my 2012 A4. I am also the 2nd owner of the car.

      Any original owners of their VW/Audi vehicles on here?

      For anyone looking for a good read, Audizine has their own thread going on about this (and all the build-up leading to the class action): https://www.audizine.com/forum/showt...6#post13574006
      Last edited by kaz02a4; 03-13-2019 at 10:29 AM.
      Quote Originally Posted by Triumph View Post
      That's like a child saying, "I'm going to swing my fists and walk towards you, and if you get hit, it's your fault!"

    13. Member Slipstream's Avatar
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      03-13-2019 10:38 AM #37
      Quote Originally Posted by loopless View Post
      I know some people are saying 'proactive' replacement is technically not covered, but if you have an invoice showing you paid for replacement, then how can anyone tell if it was proactive or not? I mean what kind of crazy person would pay $800 to fix something that's not broken?
      Even if one did replace it proactively, VW should be grateful. If I had waited until the tensioner gave up VW would be covering the cost of replacing an engine, not just a $1300 timing chain setup.
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    14. 03-13-2019 11:38 AM #38
      The notice date was 8/17/18. So, if anyone used an independent repair shop after 9/16/18 I think you are screwed. Which includes myself.

      I hope I'm reading it wrong.

      Note, this note is not in the original settlement, but it is in the "Consent order and amendment to the preliminary approval order". The court accepted this amendment as a "modification that increases the overall benefits". Although it clearly screws a ton of people.
      Last edited by stevenDH; 03-13-2019 at 11:44 AM.

    15. Geriatric Member BRealistic's Avatar
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      03-13-2019 12:42 PM #39
      Welp I'm an idiot.

      The claims administrator is a 3rd party firm acting unbiasedly on behalf of the court.
      So it's not actually VW doing it.

      I should have checked before throwing VW under the bus.. er um.. kombi.

      Last edited by BRealistic; 03-13-2019 at 07:26 PM.

    16. 03-13-2019 05:32 PM #40
      I had this same crap with others.

      read that paper you are holding when you originally filed and what the court approved. In there will be a local lawyer and also a court contact. you need to BURY them in paperwork and make them very much aware that the settlement is not being followed and that you object to it.

      THAT will get noticed, if even a couple people report it.

    17. Geriatric Member BRealistic's Avatar
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      03-13-2019 07:29 PM #41
      Quote Originally Posted by Aseras View Post
      I had this same crap with others.

      read that paper you are holding when you originally filed and what the court approved. In there will be a local lawyer and also a court contact. you need to BURY them in paperwork and make them very much aware that the settlement is not being followed and that you object to it.

      THAT will get noticed, if even a couple people report it.
      That's a good point.
      The auto-request for more documentation (even if all there) if not done at VW/Audi dealer may be the way whomever is handling this is shifting the work around.
      By bumping all the non-dealership work into the "send form letter" pile, they can better handle all the dealership work claims while those get delayed .... or go away since the letter CLEARLY suggests that only dealership work will be covered.

    18. Semi-n00b migrainedinpgh's Avatar
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      03-13-2019 07:38 PM #42
      Quote Originally Posted by Aseras View Post
      I had this same crap with others.

      read that paper you are holding when you originally filed and what the court approved. In there will be a local lawyer and also a court contact. you need to BURY them in paperwork and make them very much aware that the settlement is not being followed and that you object to it.

      THAT will get noticed, if even a couple people report it.
      After I sent an email and got no response beyond the automated “your email was received”, I called the settlement info line this afternoon.

      The person answering the phone was unhelpful, and after speaking to a Suoercisor couldn’t explain what was wrong with my supporting documentation.

      He claims he will return my call when he has an answe; call me a skeptic but since the letter they sent me suggests ineligibility for a clearly coveted situation, I don’t believe this will happen.

      I left a voicemail for the NJ attorney who represented the class action plaintiffs in the lawsuit.

      We’ll see what happens...

    19. Geriatric Member BRealistic's Avatar
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      03-13-2019 08:38 PM #43
      Quote Originally Posted by migrainedinpgh View Post
      for a clearly coveted situation
      By coveted, you mean secret?
      Hopefully the attorney is hellful.

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      03-14-2019 12:26 AM #44
      I suppose all we can do - based on the reported lack of any useful feedback by phone contact or email from the claim administrators- is to send them the documents they want, again, by certified mail. That's all we can hope to do. What a bunch of slimy bastards.
      I wonder if this is motivated by a lack the money to pay all the claims ( so deny,deny,deny) or whether they get to keep money that's left over?

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      03-14-2019 09:55 AM #45
      So this covers only TSI, not earlier FSI's?

      I know there's a similar issue on my 07' FSI. My mechanic said everything looked fine yet when he was in there replacing the valve cover gasket, so have not done proactive replacement yet (only 82K miles on the car).

      Love my GTI, but starting to have some issues that VW should really take care of (potentially this, rear hatch rusting where emblem pops up - not sure they'll cover it, as my corrosion warranty was technically up in Nov 2018).

    22. 03-14-2019 10:36 AM #46
      I read through the settlement agreement.

      If you want to bust thier balls and make them work ALL OF YOU need to request an attorney review with the class counsel within 15 days of receiving your letter.

      page 8 of 84

      contact info in agreement page 30

      SETTLEMENT ADMINISTRATOR
      Epiq Global
      777 Third Avenue, 12th Floor
      New York, New York 10017


      Plantiff ( the attorneys purportedly representing "you" )
      James E. Cecchi, Esq.
      Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.
      5 Becker Farm Road
      Roseland, New Jersey 07068

      Defendent ( VW, tell them the settlement is being violated so they have more $100 bills to light their cigars )
      Jeffrey L. Chase, Esq.
      Chase Kurshan Herzfeld & Rubin LLC
      354 Eisenhower Parkway- Suite 1100
      Livingston, New Jersey 07039

      you should also CC the US attorney general and the attorney general of your state that the settlement is not being followed properly.

    23. Member
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      03-14-2019 11:31 AM #47
      Quote Originally Posted by Aseras View Post
      I read through the settlement agreement.

      If you want to bust their balls and make them work ALL OF YOU need to request an attorney review with the class counsel within 15 days of receiving your letter.

      page 8 of 84

      contact info in agreement page 30

      SETTLEMENT ADMINISTRATOR
      Epiq Global
      777 Third Avenue, 12th Floor
      New York, New York 10017


      Plantiff ( the attorneys purportedly representing "you" )
      James E. Cecchi, Esq.
      Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.
      5 Becker Farm Road
      Roseland, New Jersey 07068

      Defendent ( VW, tell them the settlement is being violated so they have more $100 bills to light their cigars )
      Jeffrey L. Chase, Esq.
      Chase Kurshan Herzfeld & Rubin LLC
      354 Eisenhower Parkway- Suite 1100
      Livingston, New Jersey 07039

      you should also CC the US attorney general and the attorney general of your state that the settlement is not being followed properly.
      This is all fine and good, and I'm happy to do this. However, I know next to nothing about law, and I'm sure a number of us are in the same boat.
      If we need EVERYONE to do this, directions need to be spoon fed to idiots like me.
      So, questions:

      -Who is the class counsel? Is that James Cecchi?
      -Who do we direct this letter to?
      -Is an email sufficient (you mention CCing the US attorney general and attorney general of your state)?
      -A standard letter (i.e. message) should be generated so that we are all saying the same things: the settlement is not being followed properly, etc.

      I'll do some more digging in the next couple of days, but we are in a time crunch if it's 15 days from receiving that "insufficient claim" letter.
      I'm sure a number of you are more competent at this than I am.
      Quote Originally Posted by Triumph View Post
      That's like a child saying, "I'm going to swing my fists and walk towards you, and if you get hit, it's your fault!"

    24. 03-14-2019 11:51 AM #48
      The settlement agreement is here

      https://timingchainlitigation.com/Co...0Agreement.pdf

      page 8 says

      "N. "Proof of Repair Expense"...

      ...In the event the Claims Administrator makes a
      preliminary determination that the documentary proof submitted is insufficient, the Claims
      Administrator will send the Class Member a letter advising of the deficiencies. The Class
      Member will haye thirty (30) days to cure the deficiencies or the claim will be rejected, unless
      the Class Member requests attorney review within fifteen (15) days after the Claims
      Administrator's mailing of the rejection letter. Upon such request, Class Counsel and defense
      counsel will meet and confer to resolve the disputed claims."

      so you need to tell ALL these people

      "SETTLEMENT ADMINISTRATOR
      Epiq Global
      777 Third Avenue, 12th Floor
      New York, New York 10017


      Plantiff ( the attorneys purportedly representing "you" )
      James E. Cecchi, Esq.
      Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.
      5 Becker Farm Road
      Roseland, New Jersey 07068

      Defendent ( VW, tell them the settlement is being violated so they have more $100 bills to light their cigars )
      Jeffrey L. Chase, Esq.
      Chase Kurshan Herzfeld & Rubin LLC
      354 Eisenhower Parkway- Suite 1100
      Livingston, New Jersey 07039"

      that you are requesting an attorney review or you are done, FOREVER. Because capitalism and binding class action type things.

      you should also contact the US Attorney General at

      U.S. Department of Justice
      950 Pennsylvania Avenue, NW
      Washington, DC 20530-0001
      https://www.justice.gov/contact-us

      as well as your state attorney general

      https://www.usa.gov/state-attorney-general

      There is no option to use their website, no phone call. you need to be sending letters, certified to the class administrator at a minimum, and the rest first class mail.

      (page 30 )

      H. Service of Notice
      Whenever, under the terms of this Agreement, a person is required to provide service or
      written notice to Defendants' counsel or Class Counsel, such service or notice shall be directed
      to the individuals and addresses specified below, unless those individuals or their successors give
      notice to the other parties in writing, of a successor individual or address:

      As to Plaintiffs:

      James E. Cecchi, Esq.
      Carella, Byrne, Cecchi, Olstein, Brody & Agnello, P.C.
      5 Becker Farm Road
      Roseland, New Jersey 07068

      As to Defendants:

      Jeffrey L. Chase, Esq.
      Chase Kurshan Herzfeld & Rubin LLC
      354 Eisenhower Parkway- Suite 1100
      Livingston, New Jersey 07039"

    25. Geriatric Member BRealistic's Avatar
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      03-14-2019 12:41 PM #49
      ^


      Somebody should make the required paperwork as google docs so they can be quickly created and printed out.
      They need to be inundated with these in order to step back and go WTF.
      Maybe then they may realize how poorly it is being handled and there may be a reaction.

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      03-14-2019 02:21 PM #50
      Quote Originally Posted by BRealistic View Post
      Quote Originally Posted by migrainedinpgh View Post
      for a clearly coveted situation
      By coveted, you mean secret?
      Hopefully the attorney is hellful.
      Ha. Mobile + hurry = silly words z

      That was “covered.”

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