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Tentative settlement reached in T6 transmission class action lawsuit

14K views 19 replies 12 participants last post by  lawguy 
#1 ·
#3 ·
How long before the CB shaft issue comes on their radar ? Or has it already ?
 
#7 ·
Mine has not failed yet 111,000 miles. You can only join lawsuit if your transmission has failed.
Wonder if future repairs will be covered in lawsuit settlement?
On email list for information;)
 
#11 ·
UPDATE: http://www.chimicles.com/volvo-xc90-transmission-class-action-litigation

From the updated web site: The proposed settlement class includes people in the United States who are current and former owners and lessees of model years 2003-2005 Volvo XC90 T6 Vehicles. This means that even if you no longer own or lease a Volvo
XC90 T6 but paid for transmission rebuild and/or replacement during the period of time you did own or lease it,
you may qualify for benefits under this settlement.

You must submit a Claim Form postmarked no later than November 7, 2012 to be eligible for any compensation from the settlement. Downloadable versions of the Claim Form and Notice are available below:

http://www.chimicles.com/wp-content/uploads/2011/10/Henderson_Notice1.pdf

http://www.chimicles.com/wp-content/uploads/2011/10/Henderson_ClaimForm1.pdf
 
#13 ·
payout

I just got the notice in the mail - it proposes to pay the following:

Original owners/lessees of a new or Volvo Certified Pre-Owned XC90 T6 with less than 100k miles - 50% of your out-of-pocket expense to rebuild the tranny

All other owners (used not certified) - 25% of your out-of-pocket expense to rebuild the tranny

(This only covers replacements, rebuilds, or repairs to make the transmission operable)

In addition, if approved, you get a free TCM software inspection and upgrade at a dealer.
(If you paid for this after Dec. 19, 2011, you get 100% of that cost paid back to you)

They also propose an extended warranty that goes out 8 years where Volvo will pay a portion of the rebuild - as long as you are under 100k miles.

I am on the fence - I have never seen a class action actually pay out...I would LOVE to get some cash back for my rebuild...funny, there was an identical XC90 T6 in the shop with mine (not dealer) and we both had the same failure.

I still regret buying the T6 as there was a 2.5 for sale when I bought the T6 that I passed on...all because it wasn't black! And I thought, "wow, I get the bigger 6 cyl. too!"

Ah hindsight.

What do you guys think - will this one actually payout? It has been in the works since Aug 2009.
 
#16 ·
Hmm, just got my T6 a few months back. There was a transmission replacement that happened 40K and 5 years ago. So, since I did not suffer a loss, I guess I am not entitled to any awards???. However, it would be nice to get the warranty. However, do I qualify for the software upgrade?

I just got the notice in the mail - it proposes to pay the following:

Original owners/lessees of a new or Volvo Certified Pre-Owned XC90 T6 with less than 100k miles - 50% of your out-of-pocket expense to rebuild the tranny

All other owners (used not certified) - 25% of your out-of-pocket expense to rebuild the tranny

(This only covers replacements, rebuilds, or repairs to make the transmission operable)

In addition, if approved, you get a free TCM software inspection and upgrade at a dealer.
(If you paid for this after Dec. 19, 2011, you get 100% of that cost paid back to you)

They also propose an extended warranty that goes out 8 years where Volvo will pay a portion of the rebuild - as long as you are under 100k miles.

I am on the fence - I have never seen a class action actually pay out...I would LOVE to get some cash back for my rebuild...funny, there was an identical XC90 T6 in the shop with mine (not dealer) and we both had the same failure.

I still regret buying the T6 as there was a 2.5 for sale when I bought the T6 that I passed on...all because it wasn't black! And I thought, "wow, I get the bigger 6 cyl. too!"

Ah hindsight.

What do you guys think - will this one actually payout? It has been in the works since Aug 2009.
 
#17 ·
Recieved my letter last week.
Settlement worthless for my XC90 T6. 113K miles on original transmission.
Most modern transmissions should make 150K miles no problem. Volvo should also be expected to last 150K:thumbup:
 
#18 ·
T6 XC90 Catastrophic Transmission Failure

Dear all, I wonder if you can help me?

We have an XC90. I am in the UK. It cost us just over £50,000 and is now out of warranty although only just as Volvo extended the warranty for the faulty gearbox I am told. Like so many people have said here we bought it as a solid investment car - pay a lot to start with but get "Volvo" reliability - so I was surprised when the gearbox suddenly died at around 55,000 miles. The AA rescue service diagnosed the fault from about 50 yards away "Its a T6 XC90 - it will be the gearbox" and the main Volvo dealer have confirmed that its in need of a new one costing just over £4700 all inc. after discounts. Volvo have offered a good will gesture of 30%.

In the UK this falls under something called "The Goods and Services Act". Goods have to be "fit for purpose". Like nearly everyone the fault has shown itself out of warranty between 50k and 60k. My thoughts are that Volvo knew that this would be the case, based on other failures before ours. They knew, while the car was under warranty, that it was not fit for purpose but chose not to recall the fault because it would damage their reputation (as has been an issue with Toyota in the UK). Quite rightly, if they had made it known that there was a faulty gear box that would suddenly fail putting my family in danger as it did - I would not have bought the vehicle, so I understand their reasoning.
The many hundreds of reports I have found on the internet are not enough. I need to be able to present a case with "witness statements" and I would be grateful if those people who have experienced an XC90 T6 with transmission failure (only this specific fault) would send me a witness statement explaining who they are (Name and Address), what vehicle it was (i.e. XC90 T6), the year of manufacture and the mileage at which the fault came to light. The letter must be signed for it to carry any weight with the UK court - that's just how it is. If you are able to also send any supporting document (like a letter / invoice / bill from Volvo confirming the fault) then that would be helpful. In the UK there is a second action available in Negligence insomuch as it can be argued that Volvo were negligent in not recalling a product that they knew to be faulty. the fault is such that it can potentially cause danger (sudden and catastrophic loss of power while driving). In that circumstance it may be possible to backdate a claim over the previous six years and recover costs already incurred.

I do not know if its possible to find out how many XC90s have the fault or what percentage is affected or whether any technical information regarding the fault (expert assessment reports, details of the part number) and so on may be available - help in that regard would very much be appreciated also.

Finally, if there is anyone technically minded out there who knows how to get this message to a wider XC90 audience then I would be grateful. Its really upsetting that Volvo have chosen to manage the problem like this. My view is that the decision to not recall a design fault of this magnitude is fundamentally wrong and potentially unsafe.

I have set up an email address XC90@yipes.co.uk and would very much appreciate your help as I have described above.
 
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