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Old 04-05-2016, 01:54 PM   #1
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Default Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’


4 May, 2016



Ford’s twin-clutch automatic is fitted to its Ecosport SUV. Picture: Chris Riley


Joshua Dowling
News Corp Australia Network

EXCLUSIVE



MORE than 60,000 Ford cars in Australia may be the subject of a new class action because of a transmission that lawyers claim is “unsafe to drive”.

Ford’s twin-clutch automatic — a similar design to those used in Volkswagens — is fitted to its Fiesta hatchback, Focus small car and Ecosport SUV.

According to Bannister Law, which is proposing the class action, the transmission is “defective” because it “slips, bucks, jerks, and harshly engages when driven”.

The proposed action only includes Fiesta, Focus and Ecosport models made from 2011 to 2014, even though two of the three cars on sale today continue with the same transmission.



Bannister Law, which is proposing the class action, claims the transmission is “defective” in the Ford Fiesta. Picture: SuppliedSource:Supplied


Ford replaced the transmission in the Focus to a regular automatic with an update introduced last year.

“Customers who’ve contacted us believe there is clearly a problem with this particular gearbox, some people have returned to dealerships to get their cars fixed up to 10 times for repair or replacement, while others are being asked to sign confidentiality agreements in order to get a refund,” said Charles Bannister, the principal of Bannister Law.

“We believe these faults constitute major defects and trigger a full refund under Australian Consumer Law.”

On a website inviting owners of affected vehicle to register their interest, ( http://fordclassaction.com.au/ ) a statement from Bannister Law says: “Some consumers are concerned that, as a result of their experiences on the road, their vehicles are unsafe to drive”.



The proposed class action includes the Ford Focus. Picture: SuppliedSource:Supplied


The law firm says it will start the class action “should Ford not agree to compensate customers appropriately”.

A statement from Ford Australia said: “Ford is committed to providing its customers with top quality vehicles. We are equally committed to addressing potential issues and responding quickly for our customers”.

The car maker said it has “addressed the majority of our customers’ questions and are pleased with our ongoing improvement in customer satisfaction levels”.

A Ford representative said Ford’s “PowerShift” transmission uses an “advanced configuration that provides exceptional powertrain efficiency, along with the potential for unique shift feel compared with conventional automatics”.


This reporter is on Twitter: @JoshuaDowling


http://www.news.com.au/technology/in...0ceffb24658789
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Old 04-05-2016, 02:11 PM   #2
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Default Potential class action for Ford over the Powershift gearbox

I hope this isn't a repost

http://www.news.com.au/technology/in...fd46b32161d389

Quote:
Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

EXCLUSIVE

MORE than 60,000 Ford cars in Australia may be the subject of a new class action because of a transmission that lawyers claim is “unsafe to drive”.

Ford’s twin-clutch automatic — a similar design to those used in Volkswagens — is fitted to its Fiesta hatchback, Focus small car and Ecosport SUV.
According to Bannister Law, which is proposing the class action, the transmission is “defective” because it “slips, bucks, jerks, and harshly engages when driven”.

The proposed action only includes Fiesta, Focus and Ecosport models made from 2011 to 2014, even though two of the three cars on sale today continue with the same transmission.

Ford replaced the transmission in the Focus to a regular automatic with an update introduced last year.

“Customers who’ve contacted us believe there is clearly a problem with this particular gearbox, some people have returned to dealerships to get their cars fixed up to 10 times for repair or replacement, while others are being asked to sign confidentiality agreements in order to get a refund,” said Charles Bannister, the principal of Bannister Law.

“We believe these faults constitute major defects and trigger a full refund under Australian Consumer Law.”

On a website inviting owners of affected vehicle to register their interest, a statement from Bannister Law says: “Some consumers are concerned that, as a result of their experiences on the road, their vehicles are unsafe to drive”.

The law firm says it will start the class action “should Ford not agree to compensate customers appropriately”.

A statement from Ford Australia said: “Ford is committed to providing its customers with top quality vehicles. We are equally committed to addressing potential issues and responding quickly for our customers”.

The car maker said it has “addressed the majority of our customers’ questions and are pleased with our ongoing improvement in customer satisfaction levels”.

A Ford representative said Ford’s “PowerShift” transmission uses an “advanced configuration that provides exceptional powertrain efficiency, along with the potential for unique shift feel compared with conventional automatics”.
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Old 04-05-2016, 02:50 PM   #3
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Default Re: Potential class action for Ford over the Powershift gearbox

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Ford’s twin-clutch automatic — a similar design to those used in Volkswagens — is fitted to its Fiesta hatchback, Focus small car and Ecosport SUV.
Quote:
The proposed action only includes Fiesta, Focus and Ecosport models made from 2011 to 2014, even though two of the three cars on sale today continue with the same transmission.
Interesting wording by Mr Dowling ...
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Old 04-05-2016, 02:17 PM   #4
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Perhaps CVT is not that bad..
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Old 04-05-2016, 02:20 PM   #5
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Pfft. Tell the lawyers to drive an Eaton Ultrashift. Then they will winge.
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Old 04-05-2016, 02:37 PM   #6
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

add the Ranger box in there as well.
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Old 04-05-2016, 04:17 PM   #7
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Interesting. My wife has a '12 Focus Titanium TDCi and I just asked her if she's experienced any of the issues highlighted in the article and she tells me it drives fine, apart from the initial diesel lag on takeoff, it goes really well.

Will follow this.
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Old 04-05-2016, 04:31 PM   #8
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Diesel has a wet gearbox and is not affected
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Old 04-05-2016, 04:45 PM   #9
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Yes as above the diesels aren't affected.

They need to fix this issue one way or another especially for people who bought cars new and have had dramas since they picked them up.

Focus has been majorly tarnished because of this issue, especially with respect to resale.
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Old 04-05-2016, 04:57 PM   #10
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Cheers.
Kinda makes me a bit happier stumping up for the diesel now. We did agonise over the decision knowing how she would use the car.
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Old 04-05-2016, 05:03 PM   #11
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Read the title and thought it was about the "milkshake" in the falcons. Thought I may be able to get some money back from when mine went. Read the article and left disappointed.
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Old 04-05-2016, 05:25 PM   #12
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Threads merged.
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Old 04-05-2016, 05:26 PM   #13
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

We have sold around 25-30 LW's and have done 2 or 3 clutches, with no problems afterwards. Speaking to some city dealers closer to the cities, they seem to do a lot more. I wonder if the problem relates to shorter slower driving, where as country driving they are not so bad.
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Old 04-05-2016, 07:45 PM   #14
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

My 2012 focus sports has had 2 clutches and the shuddering is getting pretty bad again, the car has done 72000km... I hate the thing.
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Old 04-05-2016, 08:14 PM   #15
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Is anyone on here signing it or is it a rip off?
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Old 05-05-2016, 12:27 AM   #16
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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Is anyone on here signing it or is it a rip off?
If you go to the Lawyers web site, it states that if you win the commission to the lawyer is up to 40%. I think there is only 1 real winner in all of this...
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Old 05-05-2016, 11:35 AM   #17
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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If you go to the Lawyers web site, it states that if you win the commission to the lawyer is up to 40%. I think there is only 1 real winner in all of this...
What rubbish. Should they work for free? And if they don't win they get nothing but have invested their time and effort.

If they win, the remaining 60% would then get shared between the people in the class action.

They will probably ask for some money up front to retain you as a client.

I was involved in a class action several years ago, paid $1200 to retain the law firm and got well into 5 digits back when they won.

Do you think I really cared on what percentage they kept for themselves????
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Old 06-05-2016, 09:43 AM   #18
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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I was involved in a class action several years ago, paid $1200 to retain the law firm and got well into 5 digits back when they won.
Just realised that it should have been 6 digits, not 5.

And I can still remember my mum saying 'Don't get involved, the lawyers will take all the proceeds and leave the rest with nothing'. Thank bloody God I didn't follow her advice!

In regards to the date of the vehicles that are the focus of the class action - is there any different in the PS tranny between an 09 and a 11 Focus??

I would have assumed that the greater pool of owners the more clout the possible action could have?
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Old 06-05-2016, 07:52 PM   #19
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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If you go to the Lawyers web site, it states that if you win the commission to the lawyer is up to 40%. I think there is only 1 real winner in all of this...
As always, if you remember MABO land case, it stood for
"MONEY AVAILABLE BARRISTERS ONLY"
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Old 04-05-2016, 10:33 PM   #20
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

I was initally going to look at a focus as a work runabout but was aware of the tranny issues, but after having 2 ford mechanics and one dealer warn me off them it was an easy decision to go the G6ET
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Old 04-05-2016, 10:44 PM   #21
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

My wife has a 2012 Focus Trend.

When we first got it the gearbox didn't clunk or whatever but it struggled to know which gear it should be in.

I believe Ford updated the firmware on it's 3K service/check which solved that problem.

It's only done 20K but absolutely no issues with it.

Hopefully the fit won't hit the shan before we trade it in a few months.
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Old 04-05-2016, 10:45 PM   #22
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

And people love to buy up such fancy technology. There you have it. Twin clutch why?

Long live the btr 4sp!

Surprised Ford arent getting sued on their "its all in spec" story when its actually rooted..
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Old 10-05-2016, 08:27 PM   #23
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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And people love to buy up such fancy technology. There you have it. Twin clutch why?

Long live the btr 4sp!
.
BTR 4 speed??

Softy.
My Charger has a three speed manual....
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Old 18-05-2016, 06:37 PM   #24
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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Ford sued over PowerShift automatic transmissions



Local customers seek compensation over dual-clutch units.


David McCowen

18 May, 2016



Ford's previous-generation Focus is central to a class action lawsuit. Photo: Supplied


Ford's dual-clutch "PowerShift" transmission is at the core of a new class-action lawsuit in Australia.

Bannister Law filed against Ford in the Federal Court of Australia on Tuesday, seeking compensation for thousands of owners of vehicles equipped with Ford's transmission.

The dual-clutch automatic features in cars such as the Focus, Fiesta and EcoSport built between 2010 and 2014.

Ford dumped the gearbox from its revised Focus in 2015, choosing a conventional six-speed auto in place of the advanced dual-clutch unit. Current Fiesta and EcoSport models still offer the PowerShift automatic.

Charles Bannister, principal of Bannister law, says cars fitted with the transmission are not of acceptable quality.

"The many accounts we've been gathering from owners of affected vehicles, suggest that these cars are not fit for purpose, they're not free of defects and, most worryingly, they are not safe," he says.

"These, we argue, are breaches of Australian Consumer Law."

Ford declined to comment on the class action when contacted by Drive.

The legal group says customers have complained about jerky, clipping and harsh behaviour from the transmission, as well as delayed gearshifts and acceleration.

Charles Bannister says his group is pursuing "a full refund for the purchase price, a range of damages ensuing from repair costs and out of pocket expenses, and aggravated damages for having caused stress, inconvenience and humiliation".

Dual-clutch transmissions have proved troublesome for many motorists, including Volkswagen, Audi and Skoda customers whose cars were recalled locally in 2013.

•More information: http://fordclassaction.com.au/


.

http://www.drive.com.au/motor-news/f...18-goxmoh.html
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Old 18-05-2016, 09:09 PM   #25
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

Its an amazing dry clutch Getrag

with the clutches inline

with one input shaft inside another

with 4 shift forks

Have a look at the guts on You tube
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Old 05-05-2016, 12:59 AM   #26
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

You have to wonder if this is a result of the global financial crisis , car company's suddenly go into panic mode ....we have be innovative and maybe cut some costs at the same time ,
im thinking proper long term car/product testing may have been sacrificed by the bean counters .
if quality testing was done surely this would not be an issue today .
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Old 20-05-2016, 08:09 PM   #27
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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You have to wonder if this is a result of the global financial crisis , car company's suddenly go into panic mode ....we have be innovative and maybe cut some costs at the same time ,
im thinking proper long term car/product testing may have been sacrificed by the bean counters .
if quality testing was done surely this would not be an issue today .
Umm well Ford bean counters have been at that for as long as Ford Australia has made cars here. Its just now they might be made to stop, because the cost of being sued, outweighs the cost of telling customers to basically stuff off with their complaints or buy the next model where they may have fixed it.
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Old 05-05-2016, 01:36 AM   #28
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

I would be very wary about this class action. One settlement for the Black Saturday Bushfire was reached in December 2014, another was reached in May 2015 and it is reported the claimants may have to wait until early 2107. http://www.theage.com.au/victoria/bl...05-gmn9g4.html
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Old 05-05-2016, 11:39 AM   #29
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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I would be very wary about this class action. One settlement for the Black Saturday Bushfire was reached in December 2014, another was reached in May 2015 and it is reported the claimants may have to wait until early 2107. http://www.theage.com.au/victoria/bl...05-gmn9g4.html
The class action I was in took several years to finalise.

So they need to wait for their money?? As I said - had their been no class action for what I was involved in I would have got nothing.

Or, they / I could have fought them independently for more speedy payment and paid the hundreds of thousands to millions of dollars the legal action would have cost.

Better late then never.
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Old 30-06-2016, 12:25 PM   #30
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Default Re: Thousands of Aussie Ford owners could take part in class action over ‘defective automatic gearboxes’

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I would be very wary about this class action. One settlement for the Black Saturday Bushfire was reached in December 2014, another was reached in May 2015 and it is reported the claimants may have to wait until early 2107. http://www.theage.com.au/victoria/bl...05-gmn9g4.html
Now that's a disgrace!!!!!!
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