B0133 NO BATT CAPACITY WARRANTY

[keydiver]

I haven't read every post in the 24 pages here, just most of them, but has anyone who opted out contacted Nissan to ask to opt back in?

The big question is: "Who is the person at Nissan to talk to, and how do you get to them?"
Mr Brockman sidestepped the question, because he's not a lawyer, so my impression is this comes solely from their legal people. I spent a lot of time talking to Chelsea on the Leaf support line, as well as escalated it to her boss, and neither of them have the authority to remove the B0133, or even tell me who could. His only suggestion was to pull out my warranty booklet and see what legal recourse I might have in Florida.

 

[LTLFTcomposite]

His only suggestion was to pull out my warranty booklet and see what legal recourse I might have in Florida.

There's a guy looking out for the company's interests... recommending you pursue a lemon law action.

 

[mwalsh]

Again, we shouldn't freak out until we need to cross that bridge.

 

[LTLFTcomposite]

Again, we shouldn't freak out until we need to cross that bridge.

 

[mwalsh]

.....

 

[scubasandy]

In any case regardless of what happens with B0133 on our records I have no doubt that when the first person excluded needs the warrsnty when pushed Nissan will honor the warranty.
quote]

I opted out; I live in AZ; I just had my battery replaced last month after four bars lost. I don't know if the battery is from TN or Japan.
I couldn't do my daily commute with only 52 miles per charge prior to the battery swap out. I was told there is no 'lizard battery', 'hot battery' or 'hot battery voucher' per the Dealer even after he called Nissan USA to check for me (but that's according to him).
I can't find anywhere with confirmation that the 2015 battery is going to do better in a hot climate so I didn't wait. Would love a reference if anyone has one.

Best to all that paid a lot for a car that didn't do what they claimed it would do- last for 5 years with 80% of the battery capacity.

 

[mwalsh]

I opted out; I live in AZ; I just had my battery replaced last month after four bars lost.

There's probably no way to know now, but it would be interesting to find out if there was (or is now, for that matter) a B0133 notation against your car when you went in for your replacement pack. But we really don't know how recently those notations were added - it could have been there, but they gave you a pack anyway, or it could have been that you just got in under the wire.

 

[davewill]

I opted out; I live in AZ; I just had my battery replaced last month after four bars lost.

There's probably no way to know now, but it would be interesting to find out if there was (or is now, for that matter) a B0133 notation against your car when you went in for your replacement pack. But we really don't know how recently those notations were added - it could have been there, but they gave you a pack anyway, or it could have been that you just got in under the wire.

Wouldn't surprise me if they let it through just to avoid the bad pub a refusal would have generated while they are trying to hammer out the settlement.

 

[GoingGreener]

My thought too- I've never seen or heard any mention that the warranty is conditional on not opting-out. I'm happy to try to get more info/clarification on this, but it would be helpful to determine if this has happened to others besides JeremyW- i.e., is a consistent response to those who opted out, or more of a fluke. If folks who find this notation on their records are willing to pm me with the name on the vehicle record and VIN (last 8), I'll see what I can find out.

evchels or any other forum member - Were you able to find anything out?

I didn't PM you yet, as it was at our LEAF's recent 3rd year capacity check up that I confirmed our LEAF falls under the B0133 classification. (A prior call to Nissan Customer Svc. said everything was fine-no B0133 notation.)

Yes, I opted out, as I've never seen any value in all the prior postcards & notifications about other class actions we were included in. This is the first class action we've opted out of, and I'm hoping that it won't end up biting me back. :/

Living in the cooler SF Bay Area, we won't benefit from the extended 5 year, 60,000 miles battery capacity warranty. But we've always been pretty happy with the LEAF (knowing it's design limitations as the first mass-produced EV) and still hope to keep it for the planned 8-10+yrs. as when we purchased it. My worries are about the current battery and, even more so, when we buy any replacement batteries. Since the B0133 follows the VIN, will future purchased batteries also be "opted out" or is each battery independent of each other?

Thanks in advance for your help!

 

[keydiver]

The lawyer I talked to from Capstone was supposed to work with Nissan to get the B0133 removed from my record, but has never called me back. I also left a message for Gibbs, whose law firm is also somehow involved in the Class Action suit, but he never called me back. I keep hoping this is something that is thrown out as part of the final settlement, or the whole settlement is thrown out, which would invalidate the B0133.

 

[GoingGreener]

^Sorry that you didn't get any replies yet.
Maybe evchels or Mr. Brockman could help update this thread re the details on B0133.

 

[Leafer77]

I'm waiting for my 4th bar to disappear close to 67,000 miles. Based on my experience below, there's no way I'll loss that 4th bar before 60,000:

Details:

Silver Nissan Leaf 2011
Manufactured Date: 4/2011
Date car purchased: 5/31/2011

Date 1st bar disappeared: 8/24/2012 (Miles when bar disappeared: 21,085)
Date 2nd bar disappeared: 7/8/2013 (Miles when bar disappeared: 36,360)
Date 3rd bar disappeared: 6/13/2014 (Miles when bar disappeared: 52,109)

Currently at just over 55,500.

Environment:

- San Diego Coastal and Inland climate (60's - 90's).

The battery pack does not tolerate heat well, and I suspect that is why we are experiencing so much battery degradation.

I'm hoping that someone on this thread paves the way or can explain, what legal recourse that we all might have.

 

[TimLee]

...
I'm hoping that someone on this thread paves the way or can explain, what legal recourse that we all might have.

Prayer that the class action law suit mediation comes out better for the class is our best hope.
The two plaintiffs and their attorneys did an abysmal job representing the class.

To sue separately if you opted out is highly problematic.
Too small a class.
Unless you are legally qualified to do it on your own pro bono.
And even then you probably can't afford to do it.
Pray!!!!!

 

[mwalsh]

^ Small claims.

 

[Stoaty]

I'm hoping that someone on this thread paves the way or can explain, what legal recourse that we all might have.

Here is what I would do:

1) Take your car in before 5 years/60,000 miles and tell Nissan you want to have capacity checked and get a new battery.
2) If they don't give you one, file in small claims court for the cost of a Lizard replacement battery and make sure the press knows about it.

The potential for bad press might get their attention, perhaps they will give you a new battery or split the cost of a Lizard battery 50-50 with you (which would probably be the fairest).

 

[TimLee]

Also might be helpful to run the LEAF Spy Pro Cell Voltage Loss Inspection Test (CVLI) prior to the capacity warranty ending and going to the dealer to complain.
Mine shows somewhere between three and eight cells bad with only one lost capacity bar.
To fix that might require replacing 20% of the modules under the original 8 year 100,000 mile manufacturers warranty.
Might be cheaper for Nissan to replace battery totally or at least negotiate.

Capacity warranty may not be the only remedy.

 

[QueenBee]

Also might be helpful to run the LEAF Spy Pro Cell Voltage Loss Inspection Test (CVLI) prior to the capacity warranty ending and going to the dealer to complain.
Mine shows somewhere between three and eight cells bad with only one lost capacity bar.
To fix that might require replacing 20% of the modules under the original 8 year 100,000 mile manufacturers warranty.
Might be cheaper for Nissan to replace battery totally or at least negotiate.

Capacity warranty may not be the only remedy.

I'm at 84% SOH an 70% HX with 3 years at the end of last June and 33k miles. Thanks for reminding me about the new test feature. Keep forgetting to run when SOC is low. It's reporting 4 modules for me. At roughly 5% loss per year I'm going to fall short of he warranty kicking in. I'll definitely want this issue resolved and right before the 5 year mark seems like a good time. I'd be willing to try small claims court if they resisted. The retired judges submission does a good job outline ones case.

 

[nerys]

I just hope nissan makes good on this warranty or no.

I need 3 years to break even on the battery problem is 3 years is over 100,000 miles for me.

at 60% my range will be what? 45 miles? I won't be able to make it to work long before that. (54 miles)

 

[JeremyW]

The capacity warranty is only to 60,000 miles...

You'll probably need to purchase a battery or arrange for charging at work when you get down low enough.

 

[nerys]

I am curious how they get around material defect. if the vehicle can no longer function remotely as advertised that is by definition a material defect ???

if a gas car gets half the mpg because something in the engine itself degraded that would be a material defect.

I already charge at work (not enough range for round trip its 54 miles one way)

all I need is 3 years. if I can get 3 years I am golden