Should I Join The Bannister Law Class Action against Ford?

MadMaxBargainRoad on 09/05/2016 - 16:54

Hi guys,

It's times like this (or whenever I see those glorious bargains) that I am glad to be part of a strong & diverted OzB community :).

Jokes aside, I am one of those unfortunate owner of the 2010-2014 Ford Focus owners that is dealing with the defective transmission problem. I know the problem is there but I haven't had any success solving it other than hearing the BS from dealership. Time flied and I thought I am out of luck since whatever warranty I had is expired. However, I came across an article today mentioning 60k affected owners have contacted Bannister Law for a class action to get compensation from ford.

http://autoexpert.com.au/buying-a-car/ford-focus-transmissio…

http://www.news.com.au/technology/innovation/motoring/thousa…

There is a no win no cost guarantee and from a brief look at the document the fee on winning is $2750 + $100(disbursements) + 25% uplift fee against the defendant. I personally don't know much about how these fees work but overall it seems like a pretty sweet idea.

Just wondering what you guys think or if you have any kind of relevant knowledge to share?

TIA. Max.

Automotive

Comments

GordonR on 09/05/2016 - 21:38

In general, any contact with a lawyer will leave only one of you better off.

What happens if you win, but the damages amount is less per person than the $2750 fee?
- MadMaxBargainRoad on 09/05/2016 - 21:44
  
  They are going to contact me and that would be the first thing that I ask. I can't make any assumption as I have no experience whatsoever.
  - GordonR on 09/05/2016 - 21:54
    
    You'd need to pin that down, preferably in writing… one possible outcome is that you'd win, but the compensation would be having your transmission fixed and presumably you wouldn't be too happy to pay $2750 (plus the other fees, whatever they mean) to get that done.
    - MadMaxBargainRoad on 09/05/2016 - 22:01
      
      There is no fix to it. It's a design flaw and they have already changed the design in the new Focus. I am definitely going to take your advice and make it in writing.
    - Mumbles on 15/07/2016 - 22:57
      
      @MadMaxBargainRoad: No win, No fee is one of those false advertising catch phrases.
      
      If Ford's lawyers win they might apply for your lawyer to pay their costs. If Ford spent $1 million on lawyers then someone on the losing side has to pay that.
    - MadMaxBargainRoad on 15/07/2016 - 23:00
      
      @Mumbles: what matters is that my lawyer can't pass this charge to me according to the contract.
- Whando on 26/04/2018 - 13:43
  
  Well, there's a settlement with the ACCC.
  https://www.caradvice.com.au/642610/ford-accc-settlement-pow…
rambao9 on 09/05/2016 - 21:54

If I remember correctly, the no win no cost guarantee is not entirely true… I believe there was a fee of about $800 if they lose the case…

edit: and the people that is going to contact you do not work directly for bannister law, it should be a call center, so they'll do whatever just to get you to sign up unfortunately.
- MadMaxBargainRoad on 09/05/2016 - 22:03
  
  Thanks dude, that's the kind of warning I was looking for. I will have a look and confirm this with them.
DiscoJango on 16/05/2016 - 19:56

i too own a 2014 ford focus trend which has gearbox issues. i saw the bannister class action lawsuit against ford, but after reading the fine print, have decided not to sign up with them.
- MadMaxBargainRoad on 16/05/2016 - 20:22
  
  Yeah? What did you see in there that stops you?
melsutton on 30/06/2016 - 11:14

Hi Max,

I've only just become aware of the class action against Ford and as a Fiesta owner I am wondering whether to join the class action also.
Since the above comments, have you joined the class action?

Thanks.

Mel
- MadMaxBargainRoad on 30/06/2016 - 11:36
  
  Hey Mel,
  
  I think if you want some money back you should just join. They are asking a full refund from Ford so even after all the fees you can easily get more than $12K for Fiesta.
  
  On the other hand, if you simply want to fix the car (or ditch it and buy another one) you can just call up Ford Australia. Remember, it's Ford Australia not your local dealer. They will open a case for you and get you to visit the local dealer. In this case, you don't have to take any BS blame from the dealer.
  
  I went with the 2nd route and they replaced the clutch and seals. They also told me that they used a improved version of the clutch. It's been so far ok (fingers tightly crossed though). It's also not a final decision as Bannister's door is still open.
  
  Keep in mind that class action like this will take a long time and I think there are only about 600 people signed so far. My concern is that Bannister will run out of money/interest/commitment sooner than they expected. Other than that you will need to be patient and read the news. Join when it's favorable.
  - melsutton on 04/07/2016 - 14:37
    
    Thanks Max.
    
    It's nice to know what others are doing in this situation.
    
    Funnily enough my replacement clutch has arrived but the dealer cannot get me in until August to repair it - I'm now in a mini dispute with the dealer about a loan car for the duration of the repair. I am being stubborn though as I am worried the replacement will not fix the issue.
    
    I think I will do as you have done and start with Ford Australia. I too had my reservations about joining the class action.
    
    Thanks again for your response.
    
    Cheers,
    Mel
    - MadMaxBargainRoad on 04/07/2016 - 14:43
      
      All good Mel. Let's keep each other in the loop for future updates :).
    - kawinuyo on 27/07/2016 - 16:44
      
      @MadMaxBargainRoad:
      
      I called up Ford Australia today. They said they couldn't open a case for me till I have had a diagnostic from my local dealer. So I'm booked in on the 10th of August to go see them. Both people I spoke to seemed very helpful so fingers crossed I don't run into any annoyances.
    - MadMaxBargainRoad on 27/07/2016 - 16:47
      
      +1
      
      @kawinuyo: Hi Kawinuyo, have you ever got your clutch replaced before?
      
      Oops, just flipped through the PM and you said you replaced it 1.5 years ago. When they replaced mine a couple months ago they said it's a improved version of the clutch that is supposed to fix the problem. Hopefully, you can get the same deal.
  - Sam74 on 04/03/2018 - 21:06
    
    Hi guys I had my fist clutch replace august lastyear and now get my second one this saturday so it will be twice as if it will happen again after fix I got my car on finance so I been paying for a lemon so I join the lawsuit
mlychn on 15/07/2016 - 16:43

I'm also keen for updates on this topic as I have no idea how this Class Action is going to pan out. I have a 2011 Fiesta, and the clutch shudder issues it was having was very noticeable when I first got the car. For me it has never been hazardous (like it has been for some), just very annoying and not a pleasant driving experience. I took it to Ford a few times to try and get it repaired but they never really fixed it as the issue kept coming back. They would usually blame the "on board computer" and say that they have updated the software to fix it. They sent out a letter last year to say they would replace the clutch entirely (free of charge) and extend the warranty. They did replace the clutch, and driving felt noticeably better, but now I find that it's going back to it's old ways…
- MadMaxBargainRoad on 15/07/2016 - 17:25
  
  How long did it take before it comes back again after replacing clutch? I replaced mine in June.
  - mlychn on 25/07/2016 - 11:51
    
    Apologies, my memory is terrible. I know it was sometime mid-late last year… I think it came back probably a gradually a few months ago. It's not as bad as it used to be, but it still happens every now and again when I'm turning a corner slowly or going up a hill.
- kawinuyo on 18/07/2016 - 10:28
  
  In exactly the same situation as you but with the focus 2012 model. Was recently considering my options so this thread was right on time
melsutton on 05/08/2016 - 16:56

Hi All,

Like Max, I opened a case with Ford Australia, that's a whole other story for a rainy day…however, the good that came out of it was the dealer were suddenly able to fit my car in to replace the clutch 3 weeks ahead of schedule.
It's been about 2-3 weeks since the clutch has been replaced and so far no shuddering although, I do only drive my car 2-3 times a week.
The dealer did say on collection of my car that there is a 5000km "wearing in" period for the new clutch so I may still get some shuddering…from the literature I have read I know that cars/clutches do not require a "wearing in" period…but if that was true I wouldn't know if my car was fixed for a year or two given how infrequently I now drive it.
I've heard nothing further from Ford Australia so I assume they think this is case closed, I do hope it is but I am not holding my breath!

I will let you all know if the shuddering comes back or if I have to have any further unpleasant dealings with Ford!
- arvust on 16/08/2016 - 17:36
  
  Hey Mel, I have already had the dealer replace the ECM in my 2012 Focus, the shuddering has continued so they have booked it in to have the clutch replaced (similar to what you have just had done i believe)
  
  Can you tell me the number you used to contact Ford for this complaint, in case the clutch swap doesn't alleviate the issue I will need a back up plan.
  
  Cheers,
  Josh
  - melsutton on 17/08/2016 - 14:36
    
    Hi Josh,
    
    Sure thing, it's just the Ford Australia number, 13 36 73.
    
    Good luck with the clutch replacement.
    
    Cheers,
    Mel
melsutton on 26/07/2017 - 15:19

+1

If anyone is still following this thread, the ACCC has instigated proceedings against Ford Australia for the issues the class action was going to cover. Perhaps there could be light at the end of the tunnel even though the class action is no longer going ahead.
https://www.accc.gov.au/media-release/accc-takes-action-agai…

As a side note - just had my clutch replaced for the second time, shuddering and jolting came back after my last post!
- MadMaxBargainRoad on 26/07/2017 - 15:55
  
  When was your 2nd replacement? I think mine is showing signs of it after getting fixed a year ago.
  - melsutton on 26/07/2017 - 16:03
    
    2nd replacement was just after second service. I didn't bother going back to them after it continued to shudder after being replaced for the first time, I just waited until service time.
    I'm sure my warranty expires next year, I'm hoping there is a good resolution out of the ACCC action before then.
    - angelkulit025 on 26/07/2017 - 16:13
      
      mine was shuddering for a year now and just keep ignoring it and learned to drive to not aggrevate the accelator to the point of not shuddering but it still does happen some times. I have booked mine for a diagnostic service tomorrow and let us see what they will find out.
    - MadMaxBargainRoad on 26/07/2017 - 16:16
      
      I don't know what ACCC can do without another lawsuit. My gut feel is that Ford has no solution to the problem either unless they give you a new vehicle with another clutch design. Ford is potentially losing 10k each vehicle they replace so they will try as hard as they can to dodge it.
      
      This is a very muddy situation for everyone and I don't think we can get much out of it (unless ACCC miraculously pulls it off).
    - angelkulit025 on 26/07/2017 - 16:22
      
      @MadMaxBargainRoad: well they told me that my vehicle, "Ford Focus 2013", qualifies in the category of extended warranty for the clutch replacement and faulty seal on the transmission which they will try to diagnose if that is the cause of the shuddering. I still think, Ford hasn't owned their fault in making these cars with dodgy Powershift Transmission.
    - MadMaxBargainRoad on 26/07/2017 - 16:37
      
      @angelkulit025: They gave me the extended warranty as well and they are probably willing to repair it even after the said warranty expires. However, there is no permanent 'fix' and how many times do you think we can keep doing this? It's gonna be an uphill battle for the years to come.
    - angelkulit025 on 28/07/2017 - 14:46
      
      @MadMaxBargainRoad: Just to update you, i've left my car yesterday morning for the diagnostic service. Around 2pm yesterday, received a call from them saying that they will be replacing the clutch of my car so need to stay there overnight. Got another call around 12noon today saying my car is "fixed"and ready for pickup.
      
      I'll update tomorrow as I'm still at work and will be getting the car late this afternoon. Hoping for the best but not really excited.
LoisLane101 on 06/11/2017 - 14:13

Hi guys,
Just wondering for any more updates on the new 2017 version of the clutch replacement ? I have a 2012 Focus Trend that has had the shudder since day dot despite numerous software upgrades, tcm fix and one clutch replacement. It's due to go in this week for a second clutch replacement (first one never really fixed the issue and I ignored it until service time) and the fuel tank recall. The car has done 38,000k and I am doubtful that this is ever going to end. By reading the above thread, by the amount of k's I drive and need "wear" in the new clutch, I won't know if it is all sorted for nearly a year… Wondering if I should cut my losses now and bail up the dealer and Ford for a buyback or wait and see what the ACCC comes up with ( and that could take years to be honest ). Any advice ? Thanks .
- melsutton on 06/11/2017 - 14:39
  
  Hi, my car had its clutch replaced for a second time at my service in May (maybe June). Seems to be much better than before, but I also don't drive my car too often. I'm not getting any shuddering however it is slow sometimes in low speeds deciding what gear it needs to be in. I also only mentioned these issues at services. As for the "wearing in" period, that is a load of rubbish and don't let them tell you it's a thing.
  It certainly is a tough decision as to whether to wait and see if anything comes out of the ACCC or try for a buyback. Would be interested to know how the buyback goes if you take that path.
  
  As a side note, if anyone on here got the email back in August from Ford about the free roadside assist that they have "accidentally" been charging as part of the service fee - call the number in the email to get your cash back instead of the e-voucher option. I checked with the ACCC and they said Ford must give the option to refund you the same way you paid for the service.
  - LoisLane101 on 06/11/2017 - 15:00
    
    Thanks for that Mel. I will keep you updated if I go down that path. I will have a chat to the dealer this week when it is in and see if they have dealt with any other owners using the buyback. I'm just concerned re the 7 year warranty on it so far until the ACCC comes to a conclusion. I'm driving the car less and less these days as it is so bad and I think waiting 6 weeks for the parts to come in with the fuel tank just pushed me over the edge.
  - LoisLane101 on 09/11/2017 - 11:05
    
    So dropped my car in to the dealer yesterday afternoon for the new clutch and fuel line work. Didn’t even get past the service consultant when I requested to speak to someone handling all the recall cars. She bluntly shut me down immediately when I mentioned initiating the buyback process. The response was you have to call Ford direct and open a case ( fair call ) but good luck as they have stopped the buybacks and gone into lockdown since the ACCC lawsuit. And we don’t know anything other than that ( interpretation meaning you’re on your own ) . Hmmm great customer service. I know from reading other forums/threads how that’s going to go with contacting the big blue oval. Guess I will have to wait to see how it all pans out next year in the federal court.
    - hammo on 11/01/2018 - 18:26
      
      Hey Mariner, they have not stopped the buyback process. I'm doing it now.
    - angelkulit025 on 11/01/2018 - 18:34
      
      @hammo: how did you that? Which dealership did you go to? Can you elaborate the process?
    - hammo on 11/01/2018 - 21:26
      
      @angelkulit025: Sure can!
      
      Our Focus has had four clutch replacements, so I called Ford's central number during the last repair and asked why nothing had been done to resolve our issue long term. Their response was that we'd not asked for a case manager to be assigned, who would be our single point of contact for resolution. Once we got the car back, I called and asked for the appointment of a case manager.
      
      Got a call within 72 hours from a helpful guy at Ford HQ who explained that we had to suggest to him what we wanted, and that he would present our case to the Australian Consumer Law Problem Review Board. Interestingly he had no advice at all, and leaves it completely up to you to make a suggestion (cheeky, I bet this saves them a lot of money). I suggested to him that we weren't going to join the class action, however were looking to ford to sort our our issue by assisting us into another ford without the same issue. He seemed to respond well to this, asking if we would be prepared to make a contribution. I mentioned that without knowing the figures, I couldn't answer, but said that a small contribution would be fine. He said that he would make a submission on our behalf, and that if rejected, a letter would be provided that would be usable against them in legal action or if successful, we'd probably hear back from our dealer.
      
      Today, the dealer's rep called me, asking me to bring the car in for valuation. Once valued, we are again to make an offer to Ford, which will be considered or countered. Apparently they turn around your request very quickly, and call you back to advise.
      
      Based on the stories of others, it seems that the magic figure is a $7k contribution from yourself to get into a new model. I've heard lower and I've heard higher. Will know more in a few days.
    - angelkulit025 on 11/01/2018 - 22:45
      
      @hammo: wow…thanks for the elaborate explanation.. What new model are you targeting? Please update us as well in the next couple of days.. Thanks
    - hammo on 12/01/2018 - 10:22
      
      @angelkulit025: Car's going in today for valuation, so will update as soon as I know more. I think we'll go for a current Focus sport - we really like the car, just hate the Powershift.
      
      In the meantime, I found out that ACL requires the problem to be sorted on the third repair attempt, otherwise the company is in breach of ACL. The fact that we've been repaired 4 times is in our favour.
      
      Amusingly, the clutch that was replaced last week is already misbehaving, too.
    - angelkulit025 on 12/01/2018 - 11:02
      
      @hammo: I only had my clutch replaced once last July and haven't noticed any problems yet. It's nice to have a new replacement car but I am not hoping that my current car will need its clutch replaced more than 3 times. Good luck on the valuation. What car do you have? And year it was made?
    - hammo on 12/01/2018 - 14:12
      
      @angelkulit025: 2012 Focus Sport S with around 53,000km. Great car. Crap gearbox. We've been told every single time that this is a 'new fix' that will finally address the issue. Nope. Nope. Nope. Shudders, jolts, loses power and we finally had a complete failure of the gearbox to engage right before xmas in the middle of a 3 point turn, blocking an entire street.
    - hammo on 29/01/2018 - 16:29
      
      @angelkulit025:
      
      Ford contacted me asking for the original purchase invoice for the car so that they could do their numbers. Should be hearing back from them this week.
    - angelkulit025 on 29/01/2018 - 17:13
      
      @hammo: ok..let us know how you go..
    - LoisLane101 on 01/02/2018 - 16:58
      
      @hammo: Thanks for that Hammo. I had my car in again this week with the engine light coming on and the car refusing to go into gear and then when it finally did, wouldn't change gears. According to the dealer, the TCM may be going again. I only had it replaced a year or two ago ? Had one shudder with the new clutch since Nov and it has only done 2000 K's. I have been driving my L platers car mostly so when I start driving mine again this month full time it will be interesting what develops further. I'm going to give Ford a call anyway to see what I can do. Considering the low k's on my car, I can't even imagine how bad it could be if I drove the normal amount of mileage. Thanks for all that info. Very helpful and good luck !!
    - superseagull1978 on 06/02/2018 - 12:23
      
      @hammo: Hey, this is interesting how are you getting along with the replacement, I am considering a similar approach after 3 replacements, but its a good car.
    - hammo on 07/02/2018 - 14:31
      
      @superseagull1978:
      
      Well, I can make you laugh out loud. Hear back from them yesterday. Their offer was:
      1) Ability to buy the same car on the employee discount scheme - approximately 12.5% discount.
      2) A good will contribution of approximately $3,500 towards that car.
      3) A VERY low amount as a trade in on the car. Car is 5 years old with ~55,000km
      
      I did laugh, as the changeover figure was in the realm of $18k. Apparently I am welcome to decline the offer and commence legal action.
      
      I'm making further enquiries in the background and canvassing some other people to see how they are going.
    - angelkulit025 on 07/02/2018 - 14:52
      
      @hammo: of course they will low ball you and give you ridiculous options where which a fed up customer would normally take up.. Im pretty sure the class action going to court will be decided highly favourable for us. So we just have to wait and see til 16th of March for the verdict.
    - hammo on 08/02/2018 - 14:01
      
      +1
      
      @angelkulit025:
      
      They don't normally low ball - we have two friends in the process right now, and one just got an absolutely amazing deal. I can't share here, but it was much closer to what I was after.
    - angelkulit025 on 08/02/2018 - 16:15
      
      @hammo:can you pm me the details =) I'm still quite unsure how to take this further as my focus has only been repaired once and it hasn't show symptoms of the previous problem plus I've bought my focus from a private seller not a dealer so really don't know what to show them if asked for any proof of purchase. But I have the books and service manuals and can track which dealer it has been bought new. Thanks!
    - superseagull1978 on 12/02/2018 - 16:02
      
      @hammo: Thanks for the update hammo. I'll call them today and let you know how I go. Also do I need to accept the Bannister Law class action documents to be involved in getting a cut of the class action payout or do I contact the ACCC?
    - Kri on 17/03/2018 - 14:31
      
      @hammo: How did you go getting a better offer?
    - hammo on 22/03/2018 - 08:59
      
      @Kri: It's all gone to hell. Their final offer for us was an insult. They politely tell you to f**k off, and invite legal action if you aren't happy. They mentioned that if the car fails again, you can go through the whole process and it might result in a better offer. I'm now pursuing legal action privately, joining the class action, posting on their facebook page and contacting the press.
    - Kri on 29/03/2018 - 20:02
      
      @hammo: my last clutch was shuddering from day I picked it up so I have just started the process with them but so far they are useless not nothing to call for days after I leave a message.
    - hammo on 03/04/2018 - 13:39
      
      @Kri:
      
      Document everything. Write down every single thing you can in regard to your communication with them.
    - Whando on 25/04/2018 - 23:12
      
      @hammo: After you rejected the offer was their any negotiations or counter-offers? We're going through the replacement process at the moment, we're on the fence about the offer but don't know if there's any negotiations possible or if that first offer is also their final offer.
    - LoisLane101 on 26/04/2018 - 09:21
      
      @hammo: Hi hammo. Same question as @Whando. I'm in the same boat too atm. Waiting for an offer from Ford so any advice greatly appreciated. Cheers.
- angelkulit025 on 06/11/2017 - 14:49
  
  Since my last post from July, my Ford Focus 2013 is driving well compared to when it still has its old clutch. Who knows what will happen in the future. So regarding your car, did you really not notice any improvements since the replacement of the clutch?
  - LoisLane101 on 06/11/2017 - 15:07
    
    Hi, to be honest the clutch fix was probably a 70-80% improvement ? Then over the year it gradually went backwards. And I am bad at being proactive at getting on the dealer's back straight away. It's the whole getting it there thing and having to change work shifts, juggling timetables etc.I just hassle them at service time. Think I'm getting the heebie jeebies from reading other info and news that the clutch replacement fix will be every year or 2 regardless until they just put a whole new transmission in ( old style ).Maybe the ACCC will force Ford to do just that .
    - angelkulit025 on 06/11/2017 - 15:57
      
      I've been using my car everyday for work but only for a few kms back and forth. (18.5km each way, 37kms total/day). It's only been 3 months and probably the new clutch is just settling in. Who knows if what they have put in my car will last me for months or even years. but at the moment, everything is running fine.(touch wood)
    - angelkulit025 on 06/11/2017 - 15:59
      
      You also should've advice them straightaway as soon as you have noticed the problem coming back, or even just calling the dealership for advice, not necessarily booking it in for a service. I know it is a hassle and too much inconvenient to send the car back to the dealership in which it shouldn't be the case the first place. But what can we do, we have been handed a dodgy car
Katrinatylor on 01/02/2018 - 01:34

Hi guys I just received a letter from bannister law yesterday about this class action. No idea what it means!! I assumed inialtally it was a scam but after looking into it I’m not so sure. My car had a new clutch put in it in October 2016 after I had it in for a standard service and it was noted that there was erratic gear changes take to local ford dealership. New clutch went in and was fine for first 1000ks then back to the old jerking etc on pick up was told my transmission bearings are stuffed it s not covered by warranty so will cost $2500 second hand parts or $8450 brand new to fix. wondering if it’s worth signing up for the class action. As I can’t afford either option.
- angelkulit025 on 01/02/2018 - 06:32
  
  I received the same letter, basically it says there that there will be a court hearing and decision some time in March and we the owners of the affected vehicles have the option to join and follow what the court decision will be or just disregard and move on, but who in the right mind will just disregard this major issue. I'm in the same boat, and eagerly waiting what the court decision will be. Hopefully it will be favourable to our part.
Missy12345 on 01/02/2018 - 13:14

Hi guys, I also received this letter from Bannister Law and I don’t know what to do !!! Have had these issues since we purchased the car in March last year … BUT, purchased second hand from a Dealer … so I’m thinking the Dealer MUST have been aware of these issues … does that mean I need to be claiming through the dealer though ? I’m so confused !!! My car is a 2015 Ford Focus Sport !!! I’d appreciate any comments ?
Lombi on 03/03/2018 - 11:38

Hi Guys, lucky me has a 2014 Focus and 16 Ecosport both now have had 2 clutch replacements and both times been knocked back for refund or replacement cars. We all know the BS being told to us and Ford now trying to claim they are different issues that I,m sure they will present in court.

I have contacted fair trading as Australian consumer law state a faulty product should be exchanged or money back simple as that. But as Australians we are being back doored big time. Even VW in the US has bought back all customer cars ( watch dirty money on Netflix ) we need to make a change in Aus.

My concern is the accc has also taken Ford to court over dodge conduct reselling these cars without the consumer being told it's a lemon.

The value of our cars now is rubbish the Fair trading site also raises this issue.

I believe we may need to make a stand and all 60 000 + Australians who suffer due to laws not meaning anything sign a partition and send it to the circus in Canberra. We no longer have a car industry to protect so let's move on.
TimCeen on 06/03/2018 - 15:07

Hi All, We have a 2014 Focus. 2 clutch replacements so far and another on its way out. I have ford customer relations putting a case together and sent them a rather dirty email asking where it is at on the morning (about 1 week ago) our car literally grinded into gear after its trademark shudder and had about a 3 second delay getting power to the floor (3 seconds is a long time entering a roundabout with on-coming traffic!)

Ford have the car on Thursday to do another diagnostic report on the clutch that will no doubt come back without an issue which was the same response we got in November. Not sure if anyone else gets the "you're using the wrong fuel, it will work a lot better on 95" whenever it goes back to Ford? I put only 95ron fuel in so will wait and see what I get this time.

Anyway, will see what Ford comes back with after they receive the new report and will let y'all know.

Cheers.
- satcher on 12/03/2018 - 16:17
  
  In a similar boat, unfortunately. How'd things go with the diagnostic test? The car is meant to run fine on 91 so the claim about fuel type is a bit of a cop out. Hope you had some success.
TimCeen on 20/03/2018 - 14:11

+1

Diagnostic report shows the car needs another new clutch…super…Number 3!! Booked in for the end of this month. Agree the fuel excuse is a massive cop out. Report is with Ford and to my knowledge the case study has been submitted. The next step is Ford will review, probably send back a big hell no or a counter offer of something stupid and I am stuck getting new clutches in the car every year until it goes to the wreckers!!

Will provide an update after the review of the case study comes back.
leeson865 on 06/04/2018 - 14:05

When is the outcome of the lawsuit supposed to be released?
- LoisLane101 on 16/04/2018 - 09:44
  
  From what I can make out from the paperwork from Bannister, they are still in court November and December 2018. The USA case was closed late last year and apparently people have 12 months or so to file for compensation, so it's still being dragged out ! I registered with Bannister yesterday and filed for a case manager with Ford this morning. Not holding my breath….
LoisLane101 on 14/04/2018 - 23:34

Hi all, update on my Focus 2012 (previous posts above in this thread). Had number 2 new clutch last November,TCM repair end of Jan this year. The car has done 42 000k. Advised they fixed the earth but the module may be on the way out. Well for the first time in 5 and a bit years, I actually experienced how deadly and unsafe this car is. Refused to take off, change gears and bunny hopped through busy Saturday morning traffic. I'm not easily rattled, but I absolutely for the first time am thinking as much as I love my car (hate the transmission), it is going to be the death of me literally. Time to open a case with Ford and just stop taking it up the you know what. BTW- had to have the car towed to the dealer.
LoisLane101 on 21/04/2018 - 17:13

Hi Ford folks,
A friend just tagged me in this article. Looks like they are having another bash at getting the lemon law passed in Australia. Fill out the survey.
If we're lucky, it may get through before the ACCC and Bannister finish their lawsuits.
https://www.aaa.asn.au/get-involved/consumer-law-review/
I'm still waiting my first buyback offer from HQ. The only plus at the moment is that my dealer is handling it.
melsutton on 27/04/2018 - 14:08

Hi All,
I'm still in a bit of shock at yesterday's ruling against Ford, but obviously I'm also quite pleased. My only concern now is, I don't think I actually requested a replacement car or refund when I opened my case with Ford HQ. I just wanted the issue resolved, I wonder if that will be enough to be able to have my case reviewed come July. I also do not have any of the notes that I took and therefore do not have my case number details. I guess we all just need to have our cases reviewed and then hope for the best. Here's to a decent outcome for us all. Good luck!!
TimCeen on 11/05/2018 - 17:12

+2

Hi All, Following on from my update on 20/03/18, The Customer Relations and my nearest dealership have actually been fantastic. After we provided all our info for the case study, Ford came back with a deal that exceeded my expectations. We were given 2 options…walk away with a lump sum (which was on par with what we were wanting) or look at another vehicle and get the same lump sum along with a significant discount. I strongly believe this is an isolated problem as I have owned Fords before without an issue. We opted for the second option as the deal was to good to pass up…we will be leaving the dealership in a brand new car with a discount of basically what we bought the Focus for 3 years ago so we are very happy.

My suggestion is definitely record everything, have your full service history, original purchase contract and all dates of clutch replacements. Log a call with Customer Relations and get the ball rolling. Any court case will run for ages and much like everyone on here, I wasn't feeling safe in the Focus therefore wanted something to happen quickly.

Hope this helps and good luck.
- EshPark on 14/05/2018 - 12:17
  
  Hi Tim,
  
  I would like to raise a case similar to yours with my Ford Focus 2013, and hopefully achieve the same outcome. In doing this, could you provide me your email or some other contact so I can discuss how you structured your case and also to possibly use your case as a referral if Ford do not provide me with a satisfactory response?
  I appreciate any help you can provide!
  
  Cheers
  - TimCeen on 14/05/2018 - 13:17
    
    Hi, So I basically went on the Ford website and went to the customer complaints but they have the issue now on their website with instructions on what to do. Just a matter of having all documents and hopefully you have taken the car to the same dealership for all servicing and repairs as that will make the process easier.
    Depends on how many times your clutch has given up as well. I heard don't bother if its been once or twice. We were on our 3rd one and it nearly caused an accident so I sent them a dirty email to speed things up!
    You will have to take your car to the dealership for an inspection so my suggestion is clean the car up real good before you do. Maybe call the dealership to get the ball rolling as they are well aware of the issue.
angelkulit025 on 14/05/2018 - 12:24

I wonder how should I go with this because after the only time my Focus has gone in for a transmission replacement, the symptoms hasn't gone back yet. (touch wood). I drive it everyday to and from work around (18kms total everyday).

Should i submit a case to Ford in case my Focus suddenly starts to play up again or should i wait til the car starts to run funny? Very confused now that I might miss this opportunity for my car to get recalled.
- TimCeen on 14/05/2018 - 13:23
  
  Hi, we had 3 replacements and was promised after the 2nd that they fixed the issue and it wont happen again!! I would take the car to the dealership and advise them you are extremely worried about what if it happens again. Talk to the sales manager and not the service manager.
- LoisLane101 on 15/05/2018 - 09:31
  
  Hi there. I finalised my buyback last week. Had a Trend 2012 42 500 k's, 2 clutches and 3 TCM issues (the car died in busy traffic and got towed). Logged a case with Ford and the dealership started the buyback process. After nearly 3 weeks of negotiating and not driving my car as I felt it was unsafe, I accepted their offer. Was assured that it was final and the best they could give me. It was low but more than I could get anywhere else as a trade or selling it privately and I had had enough of the stress. Don't know what formula or matrix they use for their offers or if my dealer did some skimming off but I was gobsmacked when another owner told me 2 days ago with her car same year, same amount of work, yes it was a Sport model and double the amount of k's got over $5000 extra from Ford and way less changeover. So essentially I let myself get done over again by Ford and most likely the dealership. Buyer beware I say. I now wish I had have stuck with my sh*tbox and let Bannister slug it out later this year. Oh I now have a shiny new Sport in the carport that I can barely look at .
  - leeson865 on 16/05/2018 - 15:28
    
    Thanks for sharing Lois. Would you mind mentioning the amount Ford paid you for the car? That will help others avoid getting ripped off the same way.
    - LoisLane101 on 18/05/2018 - 10:03
      
      Definitely ! I got $9850 and under $5 k off a 2018 Sport with all the accessories. They charged it out at full price however at $31 600 so essentially 15.5% off. Total changeover was $ 16 795. Last night 1 owner was offered $14k for a 2012 Focus Ambiente 113 000k and $8k off a new Ford and another $20k for a 2012 Focus Titanium. One more owner full refund of $31k for their 2014 Sport that they bought as a demo 2 years ago. A lot of us that have done our buybacks are in the WTF mode. There doesn't seem to be any congruency with the offers or a reasonable matrix. I heard it does go back to the actual case manager and the dealership.And of course the dealer and Ford are pointing the finger at each for ripping the customer off yet again. Btw the NDA clauses have been dropped off the paperwork since the ACCC fine. All we sign now is the financial release from pursuing further compensation, hence everyone is talking !
    - angelkulit025 on 18/05/2018 - 10:10
      
      @LoisLane101: how did you know all these people who've got compensated at different prices? Are they all your friends?
    - LoisLane101 on 18/05/2018 - 10:14
      
      +1
      
      @angelkulit025: FB group. Fix our our Ford Focus, Fiesta, Ecosport & Mondeo ! Very very helpful plus the 3 admin are guns.
[Deactivated] on 02/04/2019 - 12:32

Any updates? Isn't the lawsuit still pending?

I've had issues with mine and received nothing and no way I'd ever buy another Ford again no matter what discount they give.

Should I Join The Bannister Law Class Action against Ford?

Comments

New Forum Topics