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Recieved my check in the mail last week for the full cost of engine replacement. BIG check that I thought i'd never see. I first submitted and was approved June of last year.
 

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I just bought an 01 passat 1.8T. when i go on long trips or say to work wich is about a 45min commute i take the exit before and let the engine cool on city speeds for about 10min... is that long enough and should i let it cool when i drive just around town?

Thanks so much... DS,
 

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I just bought an 01 passat 1.8T. when i go on long trips or say to work wich is about a 45min commute i take the exit before and let the engine cool on city speeds for about 10min... is that long enough and should i let it cool when i drive just around town?
I think that should be fine. I haven't checked with a pyrometer, but I suspect the turbo cools rather quickly. Even after a fast highway run, I just let it idle a couple of minutes before shutting down. I don't wait at all if I've taken it easy on city streets.
 

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Update from the National Law Journal

Volkswagen challenges fee award method in MDL settlement
By Sheri Qualters

The National Law Journal
May 10, 2012

An award of $30 million in attorney fees and nearly $1.2 million in costs to plaintiffs lawyers who worked on a multidistrict litigation came under fire at the U.S. Court of Appeals for the First Circuit on May 10.

The appeals court heard oral arguments in Volkswagen Group of America Inc.'s appeal of a March 2011 award of fees by Judge Joseph Tauro of the District of Massachusetts as part of a settlement agreement. At issue was the method Tauro used in determining the award.

The underlying litigation concerned oil-sludge damage to Volkswagen cars. The plaintiffs claimed that the 1.8 liter turbo engines in certain Volkswagen Passat and Audi Cabriolet models "are prone to the formation of oil sludge and coking deposits even when maintained according to the recommended maintenance intervals and oil quality specification," the settlement administrator states on the settlement Web site. The settlement agreement, which does not estimate the settlement's value according to Volkswagen's brief, involves full or partial reimbursement for repairing the damage.

A special master estimated the value of settlement at about $223 million for a potential class of about 480,000 cars. The settlement included oil changes and extended warranties.

Three firms were lead plaintiffs class counsel and parties to the appeal, Volkswagen Group of America Inc. v. Peter J. McNulty Law Firm. They were the McNulty firm, Denver's Irwin & Boesen and Philadelphia's Berger & Montague.

Volkswagen's opening brief called the district court's attorney fee award "wrong in virtually every respect." Volkswagen claimed that the district court should have used the so-called lodestar method, which involves multiplying a reasonable hourly rate by a reasonable number of hours spent on the work. Instead, the court used the percentage-of-fund method, which awards fees based on a determination of a reasonable percentage of the fund recovered by those who benefited from the litigation. Volkswagen said the plaintiffs' attorney fees should have been $7.7 million under the lodestar method.

Volkswagen also claimed that the New Jersey fee-shifting statute, which that state's courts have said requires use of the lodestar method, should have applied. New Jersey state law governs the attorney fee calculations because the case centers on alleged violations of the New Jersey Consumer Fraud Act.

Volkswagen also noted that the agreement does not have language that would create an entitlement to fees independent of the fee-shifting statute. The agreement stated that the fee calculation "shall not…be derived" from the benefits awarded to the class, so applying the percentage approach was inappropriate, Volkswagen claims.

The McNulty firm argued that, under well-settled principles of class action law, courts have discretion when awarding attorney fees. The firm also disputed that its fees were awarded under New Jersey's Consumer Fraud Act. Instead, its brief stated, fees "were asserted on numerous theories, including breach of contract, breach of implied warranty of merchantability, unjust enrichment, declaratory judgment under federal law, and violations of the consumer fraud statutes of several states."

The court "properly used lodestar methodology solely as a cross check of the reasonableness of its award," stated the McNulty firm in its brief.

The McNulty firm further claimed that Volkswagen's agreement to pay fees was part of the settlement and "memorialized in the class notice." Class counsel agreed in a lower court hearing not to seek more than $37.5 million in fees and about $1.8 million in costs.

Chief Judge Sandra Lynch sat on the panel, along Judge Michael Boudin and Senior Judge Bruce Selya.

During a discussion about the applicability of New Jersey law to the fee agreement, Selya said the case is a centralized proceeding involving numerous class actions, some of them involving consumer fraud claims brought under the laws of other states.

Volkswagen's lawyer, Kenneth Geller, managing partner at Chicago's Mayer Brown, said the only allegation in the complaint that applied to all of the cases was a claim under the New Jersey Consumer Fraud Act.

Lynch then questioned Geller about his adversary's argument that the settlement included Volkswagen's agreement to pay attorney fees.

Even if the settlement agreement could be read as a promise to pay fees, that couldn't justify abandoning the lodestar method, Geller said.

Geller argued, "There's no alternative method dictated by law here because I think everyone agrees this is not a common fund case…and therefore…a percentage of funds method is inappropriate."

Geller said that his client would be happy to accept the $7.7 million lodestar amount. He also said that the total benefit to plaintiffs is about $40 million, not the $400 million estimated by class counsel.

The class counsel's lawyer, Michael Bogdanow, managing partner of Boston's Meehan, Boyle, Black & Bogdanow, emphasized that Volkswagen agreed to pay the fees and that federal law should apply because it's a diversity case.

Lynch told Bogdanow, "I'm afraid I just don't read the agreement as an agreement that subjects the parties to federal law that they are going to pay attorneys' fees. They more or less have taken the position that you are prevailing parties, you are entitled to reasonable attorneys' fees, but that has to be determined under the lodestar method."

Bogdanow replied that "there was nothing in the agreement that referred to New Jersey…and there was nothing that referred to [using a] lodestar and nothing that referred to a prevailing party."

During his rebuttal time, Geller said that "by no stretch of the imagination would a $30 million fee for a $40 million benefit be considered reasonable."

Sheri Qualters can be contacted at [email protected].
 

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I have a 2002 B5.5 1.8T. Never had a problem, did good maintenance - always asked for synthetic (never did maintenance myself. Always went to dealership with exception of maybe two token oil changes in the lifetime of the car). On Monday, I got the dreaded oil pressure STOP message. I checked the oil, it was a little low so topped it off. Drove maybe another 3-5 miles with stop message going on and off, then started to hear the cam chain tensioner rapping identical to the video some chap posted of the same. Stopped immediately and called for a tow.

I don't ever recall seeing or getting mail notification from anyone on the recall class action. For that matter I don't recall that I did get it and responded either way.

Got a call from the dealer this AM. Said no oil pressure, maybe cam chain tensioner. He asked if I were sitting down and said it'd be about $3,100 to fix..more than the car is worth and said he'd refer me to his sales guy, and gave me the name of one of the particular sales guys to get ahold of and talk to this afternoon.

I don't know but to me this looks, acts, and smells like a sludge issue or even a plugged oil pump screen or tube or sensor. Can any of you tell me the answers on these two questions I have?:

Does a ballpark 3grand estimate sound about the right ballpark?
If I were not signed up into the class action suit on this problem then am I sh1t out of luck on VW doing anything about this and I'll just have to eat it myself?
 

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I have a 2002 B5.5 1.8T. Never had a problem, did good maintenance - always asked for synthetic (never did maintenance myself. Always went to dealership with exception of maybe two token oil changes in the lifetime of the car). On Monday, I got the dreaded oil pressure STOP message. I checked the oil, it was a little low so topped it off. Drove maybe another 3-5 miles with stop message going on and off, then started to hear the cam chain tensioner rapping identical to the video some chap posted of the same. Stopped immediately and called for a tow.

I don't ever recall seeing or getting mail notification from anyone on the recall class action. For that matter I don't recall that I did get it and responded either way.

Got a call from the dealer this AM. Said no oil pressure, maybe cam chain tensioner. He asked if I were sitting down and said it'd be about $3,100 to fix..more than the car is worth and said he'd refer me to his sales guy, and gave me the name of one of the particular sales guys to get ahold of and talk to this afternoon.

I don't know but to me this looks, acts, and smells like a sludge issue or even a plugged oil pump screen or tube or sensor. Can any of you tell me the answers on these two questions I have?:

Does a ballpark 3grand estimate sound about the right ballpark?
If I were not signed up into the class action suit on this problem then am I sh1t out of luck on VW doing anything about this and I'll just have to eat it myself?
this is why we tend to hate most dealerships. find a respectable indie vw mechanic and stop throwing your money away at the stealership. 3k will buy you a new complete engine. replacing the cam chain tensioner isn't a fun job, but it can be done along with a new oil pump, screen, pickup tube and cleaning within a day and for much less than $3k. i'd suspect the dealership is smashing you over the head in hopes of stealing your car in trade for a new car. never trust a mechanic that refers you to a salesman. it's a classic move. they get your car for cheap under the guise that the repairs are too costly, sell you a new car, repair your old car and sell it for a nice profit. don't fall for it. have it towed to a good indie shop and if possible, order the parts yourself once you get a good diagnosis of what the real issue is.
 

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Thanks for the response on this, I suspect the same thing.

So if my car is a 2002 with about 128K miles on it and I don't have or can't find service reciepts, I have no chance of VW doing anything about this through the sludge settlement, do I?
 

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You're a bit late, iirc deadline was up a year ago. Suggest calling the settlement admins from the Contact Us page on their site, but don't hold your breath.
 

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they basically told me to shove it when i did the repairs to mine (2000 passat, ATW). bought the car second hand, repaired the crank and replaced some bearings, etc. since i did my own work i had nothing more that reciepts. they said that was not enough...that i needed testimony from a professional mech. i asked for nothing more than the cost of the parts and the labor to hone the crank. in fact, i don't think i even asked for more than 50% of that.
 

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I got 200k miles out of my '99 1.8T before the oil pump went out on it. I ALWAYS used full synthetic every time I changed my oil. I did eventually have a sludge problem but I can't complain about going 200k without a problem. That being said I went 256k with my Civic SI and the inside of the engine looked just as good as the day it came off the showroom floor using nothing but full synthetic.
Sorry, honda engines are wonderful and very reliable. But to look AS GOOD AS THE DAY IT CAME OFF THE SHOWROOM FLOOR is quite an overstatement. The fact that these engines didn't hold quite as much oil as most definetly contributed to the issue. VW is responsible for not telling people to run full synthetic from the get go. The biggest factor is definetly the under educated americans who are in such a hurry that they do not allow this cool down period after running at high rpms or for an extended period of time. I just got the oil pressure light @ 253,000 miles and reading all that I have, I assumed the worst and went ahead and put a new pump and pickup tube on her. Still got the light and it turned out to be the switch. Now though, I have the peace of mind that I have new bits and I cleaned the crap out of my pan and crankcase while down there. These are good cars with lazy owners more often than not when major sludge issues arise. Now at 255,000 miles, she has loads of oil pressure according to my pressure gauge and runs as good as ever!
 

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So what EXACTLY needs to be replaced to take all the sludge out of the running my Car and get it basically back to where it should be? And would that fix the ticking noise that I hear after car for a long duration of time? Or after going down hill? (And yes, my engine does have Oil in it.)

Im sure this has already been stated, but Im not reading every page to catch back up.

I would think you need to replace at least the following...
-Oil Pan (Or Clean it)
-Oil Filter
-Oil Pump
-Gasket?
-What Else...?

:wrench:
 

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So what EXACTLY needs to be replaced to take all the sludge out of the running my Car and get it basically back to where it should be? And would that fix the ticking noise that I hear after car for a long duration of time? Or after going down hill?
My 2000 went through the dealer sludge fix. What they did was replace the oil pump and pickup tube, and the turbocharger oil lines. They also hooked the engine up to a lubrication system hot flush machine. No oil pressure issue for the following 150,000 miles. Will that fix your ticking noise? Maybe, but I wouldn't count on it.
 

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My 2000 went through the dealer sludge fix. What they did was replace the oil pump and pickup tube, and the turbocharger oil lines. They also hooked the engine up to a lubrication system hot flush machine. No oil pressure issue for the following 150,000 miles. Will that fix your ticking noise? Maybe, but I wouldn't count on it.
Shoot, well thanks for the info. I'll keep that in mind once I hit the Lottery and fix EVERYTHING worth with my car. (Even though it would be cheaper to buy a new car.)
 

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I bought a 2003 Passat, used of course. When I look inside the oil cap, it sure does look like a lot of sludge build up. I change the oil with synthetic as soon as I got it, probably the first time it's has synthetic oil.

Does this class action lawsuit only benefit the original owner? I guess I should take the time to read this thread. I've got just over 108,000 miles and a fresh timing belt and water pump, et cetera. I really hope I can get some use from this car before any oil sludge issues develop. Sure does run well though.
 

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Not a good indicator. It could be just oil splash. I have never seen a non crusty looking valve cover. Try to take a pic?
 
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