Accelerator Pedal problems of the 2004 Jaguar X-type

I signed a 36 month lease contract and took delivery of a 2004 Jaguar X-type from Jaguar of novi on 3/15/04. At approximately 6,700 miles/3 months, the car began to experience a problem where the vehicle, when traveling at speed, will go into safe mode which causes the car to lurch and surge until it can be driven to the shoulder to turn the vehicle off. Once restarted, the check engine light will come on but occasionally, will not stay on. The car was towed to Jaguar of novi where it was repaired subsequent to this initial repair the vehicle has been taken back to the dealership, mostly via a tow truck a total of 14 times for the identical problem all of which are fully covered by the manufacturer warranty. I have taken legal action at this point and have signed an agreement for settlement under the consumer lemon law. The reason I am filing my complaint is this: my vehicle poses a safety issue. Every time I am told by the dealership that my vehicle is repaired and ready to be picked up, I drive the car for 50 miles or less and the car goes into the safe mode and I am forced to abruptly get off the road or risk causing an accident. I continuously complained to the dealership, whose answer was,your vehicle is un-fixable. They state they can replace parts (which every time it is in, the parts list is numerous) but cannot pinpoint the problem, nor guarantee that the problem will not recur. At this point, I have picked up my vehicle, but am awaiting the date that Jaguar cars will take my car back and settle my case. I am requesting that the issue be investigated, since I feel that my safety is compromised and they knowingly release my vehicle un-repaired. Again, I am pursuing this case under the lemon law and would request that your investigation be performed in a manner that would not harm that case.

The contact owns a 2004 Jaguar X-type. While attempting to stop the vehicle at 5 mph, the engine revved and the vehicle surged forward. The contact had to depress the brake pedal all the way until the engine stopped revving. He called the dealer and they claimed to have never heard of the failure and were unable to provide any assistance. The failure mileage was less than 1,000 and current mileage was 5,200. Updated 01/09/08. The consumer stated has taken the vehicle to the dealer twice and the dealer stated there was nothing wrong with the vehicle. Updated 12/12/07.