How Taylor Morgan beat Ford and got a full refund on dodgy Focus

[Express]

How Taylor Morgan beat Ford and got a full refund on dodgy Focus




Taylor Morgan took on Ford ... and won. Find out how. Picture: Tim Hunter.




John Rolfe,
Public Defender columnist,
The Daily Telegraph

24 November , 2016




While up to 70,000 owners of dodgy Fords fume over a decision by their class action law firm to give up on pursuing refunds, one determined driver has motored to a big win.

Taylor Morgan took on the car giant by herself and won. “I got a full refund,” Ms Morgan said.

Her car woes were the result of her 2011 Focus repeatedly stopping suddenly in traffic.

Ms Morgan, 25, had joined the Bannister Law class action against Ford on behalf of owners of 22 different models of Fiesta, Focus and EcoSport vehicles made between 2011 and this year. But then she decided to go it alone.



Taylor Morgan with her faulty Ford Focus. Picture: Jay Town


“I didn’t want to have to wait until 2017 for a result,” the Sydneysider said. “The car might have killed me before then.”

Ms Morgan believes the turning point in her dispute came when the dealership told her in writing she had to deal with the manufacturer. It’s a common ploy used by retailers — and it’s untrue.

As the ACCC website says, a “consumer can ask the seller to provide a remedy, and the seller is required by law to oblige.”

She knew her rights and told the dealership what it had said was wrong. A full $22,000 refund offer came shortly *afterwards.

Her decision to go it alone has paid dividends as Bannister has now stopped battling for full refunds.

The lead applicant in the class action, Billie Capic, said she was disappointed the firm was now instead seeking damages for the decrease in value as a result of the models’ faulty transmission.

“A refund or replacement is what we had been looking at,” Ms Capic said. “I *really don’t know what we are going to get now, I’d be happy with anything.”



Ms Capic is the lead applicant says she is looking for a refund or a replacement. Picture: Paul Loughnan


Bannister Law said it had come to realise not all class members had a transmission problem from the day they drove the car off the lot.

“For those owners who experienced problems after many months, asking for a full refund after having possessed their vehicles for too long a period of time will make their claim less reasonable, less meritorious and less likely to succeed,” Bannister’s Milan Cakic said.

In July I wrote about Focus owners Paul and Vicki Letcher and their plan to take Ford to court. They did so and appear to have had as much if not more success than the class action. “We’ve settled, but I can’t provide details of the agreement,” Mr Letcher said yesterday. “We no longer have the car.”


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http://www.dailytelegraph.com.au/new...cdaffb8f2e8a9d