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H514 Recall HV Battery Recall (NO FIX YET)

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97K views 771 replies 96 participants last post by  rcomeau  
#1 ·
Jaguar tells owners of older I-Pace electric SUVs to park them outdoors due to battery fire risk (yahoo.com)

RCLRPT-24V633-9392.PDF (nhtsa.gov)


Jaguar Land Rover is conducting a voluntary safety recall campaign involving certain 2019MY Jaguar I-PACE vehicles built at the Graz Vehicle Assembly Plant from January 9, 2018 - March 14, 2019. 2760 vehicles in the United States and Federalized Territories. The basis for the recall population is all Jaguar I-PACE 19MY vehicles not included in the H484 Safety Recall. Production Dates : JAN 05, 2018 - MAR 14, 2019

VIN Range 1 : Begin : SADHA2A14K1F60112 End : SADHC2S10K1F76736


My First Edition that I'm still arguing with them about buying back is in this recall. And its sitting at home in our garage at 80% while we're away on holiday. SMH
 
#681 ·
These are tactics used by companies when they are obligated to pay money. Most specifically employed by insurance companies.

1) Delay, Delay, Delay
2) Deny that anything is owed or claim significantly less is owed.
3) Various forms of intimidation such as making process arduous, lengthy, insurmountable.

Goal: So you engage in self help by trying to trade or sell the vehicle yourself or that you become so despondent you are willing to take whatever they give you so its just over.
 
#731 ·
This worked on me. I had a 2020 that was not covered under this recall but with the same problems; multiple battery cell replacements. I was able to sell it back to the dealership who did it as a good will gesture but I got SPANKED. I suspect I got 1/2 of what I should have, but I had no car and the dealership ball parked 2 months before a complete repair. JLRNA told to me to perch and rotate. What could I do? They won
 
#689 ·
For me the question of JLR liability is irrelevant. If a fire occurs and a structure and or a people are injured YOU are gonna get sued and even IF your insurance covers it you likely won’t have enough coverage. You will be spending lots of money to defend yourself in court until questions of liability are resolved and it could take some time. You could even have a situation where you share liability. I know the chances of a fire are small but you can see how serious JLR are taking it.
 
#690 ·
Just received this email yesterday regarding my buyback. It references the lemon law, I did not request buyback under the lemon law, just HR541. I imagine this is JLR’s way of letting me know they will be offering market value…. See below.


After evaluating this matter in good faith, Consumer Affairs does not believe that your vehicle qualifies for repurchase under the California Lemon Law;
  • However, you will be contacted shortly by a Specialist Team. They will provide you with further information and discuss the available options for the H514 recall.
  • We do not have a specific time frame for when you can expect to be contacted, please be assured that the team is working diligently to address all matters as quickly as possible.
 
#693 ·
Interesting. I received the same email yesterday after being jerked around since January 10. I am in California and requested buyback under the Lemon Law. I dealt with Christina M. and then Thursday 2/20 she advised she was forwarding my request to the Process Specialist Team. On Monday 2/24 Molly P sent an email that she was the Process Specialist assigned to my request. She requested responses to a series of questions and requested production of a group of documents so that she could prepare my case for Consumer Affairs Review. I was collecting the documents when I received the denial email.
 
#692 ·
I just learned that the statue of limitation was drastically reduced by new laws that came into effect on January 1st. It's now 1 year after warranty expiration and no later than 6 years after delivery. If you were one of the first to get their I-Pace (like me), then you probably don't have CA lemon law protection.

It is in Jaguar's best interests to drag out this process for as long as they can.
 
#697 ·
That might seem concerning but your car is under high voltage traction battery warranty for 8 years. There is a federal law called the Magnus Moss act which holds companies to a specific standard when they offer warranty for their products. You would promised a battery free of manufacturing defect and or protection against degradation of more than 30%. If you check out your original pamphlet that came with the vehicle for warranties, it will say protected against manufacturing defect and less than 70% SOC for 8 years 100,000 MI.
 
#696 ·
So yesterday about my call starting to buy back. I asked for what date was being used for the Kelley Blue book Fair market value, but the agent was in able to give me a specific day October. The nhsta publication was released on October 18th, so I imagine they're using October 17th. I complained that this doesn't provide defect free evaluation. I told him that I had bought in my car September 20th and the statement specifically mentions no h514 update software available. It seems that the first Media publication was August 30th, a full month and a half earlier. I asked about 20 more questions and I'm hoping to response soon.

Also if you get a chance please run your VIN and check to see what the Kelley Blue book fair market value is. I put my van in and it came up with absolutely no options that my vehicle is equipped with. The the difference in fair market value between options and options was 1800 hours. Agent I spoke to said that my van has all the information but apparently not on KBB
 
#713 ·
My car is mint with 13k miles and Kelley says 12500 for mine when I use the online calculator. They offered me 30k. I paid 89k. Just made my last payment in February. They said it's not worth what they are offering me. I said you are right it's worth 89k to me. I had no plans to sell. It might be worth that to someone wanting another car payment. But I do not. Luckily this past Monday, jaguar lost a huge part of the class action in jersey. They have to repair the cars. So I either go to a jersey dealer or wait for it to catch up. This will cost them more to fix, so they are going to try and wait us out. Luckily the case doesn't care if the warranty expires or we go past 100k miles. They have to fix the cars. Care filing is on law360 or 360law.
 
#705 ·
Just now received an offer from Jaguar for $27309 with the question how do I want to proceed. I’m the original owner and paid $82000 for the car. Purchased the extended warranity a year ago, just before 5 year anniversary. My thought being I’d keep car until 2028. Car is limited to 72% presently and although I’m not thrilled with that, I can live with it. I would still prefer they replace the battery and I believe that’s what I’m going to tell them.
 
#712 ·
Im in your same boat, including the extended warranty. They offered me 30k. I'm not taking it. Jaguar just lost a huge decision in the new jersey class action. They have to repair the cars if the owners dont want the buybacks. That's in jersey, but will catch up to the rest of the country in time. So I'm holding on. I can wait it out. Even if they go past the 8 year or 100k on the cars warranty. It starts from the date of the ruling. The ruling is on 360law.
 

Attachments

#724 ·
It’s a federal case in a district court located in NJ. I’m not a consumer class action expert but it seems likely the judge will ultimately certify a class of all MY2019 cars nationwide that haven’t been repurchased. Expect a long road to trial (or likely settlement before trial with remaining owners). Just this business lawyer’s two cents.
 
#725 ·
So that makes sense to a non-expert. What is your advice to people who are getting a buyout offer they're not happy with? Decline offer, keep driving the car (which is a low risk proposition, given the frequency of fires and the installed software), and wait for better outcomes?

But maybe there's no single answer ... I guess one's preference of action here depends very much on one's personal circumstances and what purpose the car is being used for.
 
#730 ·
My 2 cents...

I received a letter back in November for H514, the letter specifically states:

Are there any precautions that may be taken to minimize the safety risk until the corrective measures are
implemented?
You may continue to drive your vehicle, however, in line with recommendations made by manufacturers who have
had similar issues, you should charge vehicles to a maximum of 80% charge level and park away from structures.
Where possible charge outside.


The key words being "you should" - I took this as a suggestion not as an imperative. Therefore I have not had the battery limited to 80%. Until JLR says that not doing this will void the warranty, I'm reluctant to have anything done. The car has been running fine and no issues.

Then I received a letter last week stating the repurchase program which states:

If you have not already done so, you should contact your preferred authorized Jaguar retailer without delay and provide them with your Vehicle Identification Number (VIN) and request a service date to install the latest software to limit the state of charge to 80% as required under Safety Recall 'H514'.

We understand this service visit and re-purchase may be an inconvenience to you. Jaguar, in cooperation with your authorized Jaguar retailer, will strive to minimize any inconvenience caused.

As indicated above, we will be contacting you separately to arrange the re-purchase of your vehicle.


Again the key words being "you should contact".

From what I've read in both letters, they say "you should" - not "you have to".

As far as I can tell, I'm under no obligation to sell the car back. And it sounds like the car is still under warranty. Therefore, if they are unwilling to fix the defect, then I would assume they are in violation of the warranty contract - and there is probably some law somewhere that says that's a no-no.

I plan to keep driving the car until the dust settles on this mess. Maybe JLR will be reasonable (understand KBB values are deflated directly because of this issue) and make reasonable offers to the owners.
 
#732 ·
Again the key words being "you should contact".

From what I've read in both letters, they say "you should" - not "you have to".
As it so happens I was at the dealer today getting my other jag serviced. Service Advisor told me they are not authorized to perform the H514 recall because of liability - guess they don't want the ipace catching fire while they test the charging system after the H514 update. So JLR will have to buy back my ipace without H514.
 
#738 ·
Did they reimburse you for your last registration renewal?
My dilemma is that our New Jersey registration expires at the end of April and it’s $325 to renew and we are still waiting for an offer on our 2019 SE.
My wife called JLR yesterday and they supposedly put in our notes that our registration expires soon so we need to know what’s going on before the end of the month.
 
#741 ·
For owners in the US - is a class action necessary?

According to the latest recall letter:

"This notice is sent to you in accordance with the National Traffic and Motor Vehicle Safety Act. Jaguar has decided that a defect which relates to motor vehicle safety exists in certain 2019 model year Jaguar I-PACE vehicles."

According to the NHTSA "Motor Vehicle Safety Defects and Recalls" brochure:

"Once a safety-defect determination is made, the law gives the manufacturer three options for correcting the defect: repair, replacement, or refund. In the case of a vehicle recall, the manufacturer may choose to repair the vehicle at no charge; replace the vehicle with an identical or similar vehicle; or refund the purchase price in full, minus a reasonable allowance for depreciation."

It seems to me that the final remedy FOR JAGUAR is "...to address this safety issue, we will work with you to arrange the re-purchase of your vehicle from you, less depreciation based on the age, condition and mileage of your vehicle."

But according to the NHTSA - it's either FIX the problem, REFUND full purchase price minus a reasonable depreciation allowance, or REPLACE the vehicle.

So it seems that it would be less cost for Jaguar to offer to repurchase the vehicle at KBB pricing (JLR offer) and have owners agree to that, than to refund the full purchase price minus depreciation (US law) - since replacement or fixing don't seem to be options at this time.

Am I missing something here?
 
#743 ·
I don't think so - since Jaguar isn't asking us for the purchase price of the vehicle when calculating the repurchase value. According to "Thunder Said Energy" (Vehicle depreciation rates: EVs versus ICEs? - Thunder Said Energy.) the depreciation for EV's in $0.27/mi. I "think" lemon law claims use full purchase price minus depreciation based on mileage (how much the vehicle has been used) - which makes sense to me. The market value is a synthetic calculation based on what people are wiling to pay for the vehicle - and now that the I-Pace is shown to have a safety defect, that number is significantly less. And I don't think the original purchaser should be penalized with market value when the safety defect is the cause of the reduced value. I think it's more fair to use the original purchase price minus depreciation based on mileage in this situation.
 
#744 ·
Per @Glenn23 - link: https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/mvdefectsandrecalls_808795.pdf

";or refund the purchase price in full, minus a reasonable allowance for depreciation." That said, reviewing - KBB, it's VERY low e.g. 20k. GO to Caravana for same model/year and it's$30k (retail).

Exactly what is "reasonable". I've been without a car now over a month - blocking my garage, etc. Ive consulted counsel but unsure what to do - want to rid myself of this thing once and for all.
 
#745 ·
Per @Glenn23 - link: https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/mvdefectsandrecalls_808795.pdf

";or refund the purchase price in full, minus a reasonable allowance for depreciation." That said, reviewing - KBB, it's VERY low e.g. 20k. GO to Caravana for same model/year and it's$30k (retail).

Exactly what is "reasonable". I've been without a car now over a month - blocking my garage, etc. Ive consulted counsel but unsure what to do - want to rid myself of this thing once and for all.
I think "reasonable" in this situation (safety issue where manufacturer is stating that the vehicle is not suitable for everyday use) would be market value (at the time of purchase = full purchase price) minus reasonable depreciation (depreciation: a reduction in the value of an asset with the passage of time, due in particular to wear and tear).

Since the current buyback offer does not ask for full purchase price, condition, or current milage, I can only assume they are using some other method to value the vehicle which may or may not be reasonable. Based on a $0.27/mile depreciation rate, the owners can determine if their offer is reasonable or unreasonable (since only they know the condition of their vehicle and how much they paid).

These are just my thoughts - ultimately each owner will have to decide whether or not they want to participate in the current buyback program. I'm hoping that JLR is following the law and is an upstanding company that stands behind their cars. And that this current buyback option is to help owners get a quick resolution to the issue. And that after this optional buyback period is over, they will follow the NHTSA guidelines and either BUYBACK using full purchase price as the starting point or FIX the issue, or REPLACE the vehicle.
 
#752 ·
I've decided to keep mine - it's paid for, still has an 8 year, 100,000 mile warranty on the battery, and it's been dependable (other than a few battery issues ;)). I'm perfectly capable of charging it to 80% with my home charger (7 hours overnight when less than 30mi on the battery), without the update (which my dealership can't do since there is a restriction on the vehicle). And it's just a great car to drive!!
 
#754 ·
I guess the main reason is that I can't find the paint I want (lighter color), the interior I want (not tan or red), and the features that I want (everything) in a `22 - I've only found 12 available. Same for a 2023 (7 available). I'd have to go to a 2024 - and by then the price is significantly over the buyback offer.