We have had a lot of ups and downs over the past few years and we needed a break so we decided to slim down the fleet and do the Van thing properly
On 2nd August we pooled our resources and took delivery of a good clean used VW T6 which has just been to a camper convertors and we are very please with it.
On Monday we received several missed call from the dealer (Approved Used VW Main Dealer) stating that there was a PDF letter being emailed to us and would we please sign it.
The dealer assured us there was nothing to worry about then it arrived.
We could clearly see it was a disclaimer written in the past tense asking us to claim we were made aware of something we were not before we bought the vehicle
In fact its written as if we are signing it before we buy and we already have
Its an electronic signature thing and though we can put today's date there's nothing to stop them falsifying that as the letter is not even dated.
So its regarding the latest VW Dieselgate that of the "Thermal Window" and the hidden to cheat embedded in its program to give a lower NOX reading.
Ive said to Sam dont sign it and she is adamant she is not going to but today we have been harassed to sign it having just had another plea that we must do it before next week.
We have no intention signing it but anyway here is the letter with all the relevant personal info removed.
Thoughts guys
VW Letter
Dear
We are pleased that you are interested in buying the vehicle with the vehicle
identification number
With regard to this vehicle, we as the seller would like to inform you of the following
based on the information provided to us by Volkswagen AG:
Based on industry‐wide standards, all manufacturers’ diesel vehicles that are currently
available for purchase have what is known as a “thermal window”. This is a function in
which the exhaust gas recirculation rate is gradually reduced or shut down completely
outside a certain temperature range for reasons of engine protection. This therefore
also applies to the vehicle you are interested in buying.
For some time now, there has been a discussion about the legality of thermal windows
in diesel vehicles. According to the administrative practice of the European
type‐approval authorities, including the German Federal Motor Transport Authority,
thermal windows are legal if they serve to protect against sudden, unforeseeable
damage to the vehicle’s engine and to ensure the safe operation of the vehicle.
Volkswagen AG is convinced that the thermal window installed in the vehicle in which
you are interested serves to prevent sudden, unforeseeable damage to the vehicle’s
engine and to ensure the safe operation of the vehicle. This statement is based on
engineering expertise.
On 14 July 2022, the European Court of Justice issued three new judgments, in which it
supplemented previous European case law. According to these new judgments,
thermal windows can still constitute a prohibited defeat device under certain
conditions when they serve to protect the engine. This applies even if the responsible
type‐approval authority had tested and approved the relevant thermal window
according to the specifications valid until then. Of course, following Brexit, the
judgments of the European Court of Justice no longer automatically apply across the
whole of the UK.
That is why we would like to inform our customers before buying vehicles with
potentially comparable thermal windows:
Against the backdrop of this new development in European case law, it cannot be
completely ruled out that authorities and courts could in future assess the specific
design of certain thermal windows to be prohibited. This also cannot be ruled out for
the thermal window installed in the vehicle you are interested in buying. If this
happens, it also cannot be ruled out with certainty that the manufacturer could issue
recalls or that the authorities may order recalls or other measures to be carried out,
including to vehicle owners. This could even in a very unlikely scenario include the
withdrawal of the vehicle registration or a prohibition of use directed against the
vehicle owner. In such cases, potential impacts on the resale value of the vehicles
cannot be ruled out, although this happening is very unlikely.
In the event that a certain kind of thermal window is classified as prohibited in the
future, with the result that recalls are issued, Volkswagen AG will develop suitable
technical solutions and make them available to you free of charge, or provide other
remedies.
Thank you for your understanding.
_________________________________
Date, Signature Dealer
Confirmation
By signing this document, you, the undersigned customer, confirm that
1. the above information has been provided to you by the seller prior to the purchase
of the vehicle with the vehicle identification number
2. you are submitting your offer to purchase the above‐mentioned vehicle in full
knowledge of this information or are accepting a relevant offer from the seller in full
knowledge of this information,
and
3. you agree to any technical measures being carried out on your vehicle, should these
be provided by Volkswagen AG.
_______________________________
Date, Signature Customer
