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

[Franco Cozzo]

How Taylor Morgan beat Ford!

We can't tell you the details, sorry

[Stefan]

^^^^ Yes and reading the story it seems she did not take on Ford at all, and went after the Dealer.....

[Windsor220]

I met a guy that managed to get a new Focus out of Ford for his issues.

[NX74205]

Friend of mine also got a full refund - without going to court. He now drives a Civic.

[b0son]

Originally Posted by NX74205

Friend of mine also got a full refund

Same, and over a much smaller issue, in a Falcon. Still drives one....

[DK30RB]

Originally Posted by b0son

Same, and over a much smaller issue, in a Falcon. Still drives one....

I believe that friend actually had his falcon replaced rather than a refund....yes over a much smaller issue.....

[nstg8a]

Originally Posted by Stefan

^^^^ Yes and reading the story it seems she did not take on Ford at all, and went after the Dealer.....

That sentiment is where all the trouble comes from. As far as joe public is concerned, the dealer IS ford, and ford is the dealer.

[Ben73]

I don't blame them for wanting a refund. I had a rental Focus with this issue in the USA. I was ready to drive the thing off the "Overseas Highway" in Florida into the ocean, luckily we found a different rental agency location and took in back and asked for another car.

[vztrt]

Originally Posted by nstg8a

That sentiment is where all the trouble comes from. As far as joe public is concerned, the dealer IS ford, and ford is the dealer.

And so they should. They have the Ford brand at the dealership and Ford allow them to use their brand. A bad dealer hurts the brand. Mind you my local dealer is heaps better then 5 years ago.

Unfortunetley this focus issue hurts the brand regardless how nice the dealer is.

[P6LTD351]

Good on her. All she did was stand by her rights under what is called "statutory warranty". You buy something, whether it's a car or a phone....the commitment is between YOU and the SELLER, not the manufacturer. Sellers will pretend they don't know about this....until you press them on it. That's why they gave her a refund and didn't get FORD (manufacturer) involved. Just like if I buy a Sony TV from Myer. It it fails....Myer are obligated to solve the issue, not palm me off to phone Sony and the 'manufacturer's warranty' BS.

[xtremerus]

The dealer won't lose to much.
They will just put the car on the used car lot and sell it

[Fed]

Reading between the lines the dealer told her in an email the problem was Fords which is illegal and then all she had to do was point that out and ask what time to pick up her cheque.
The ACCC could have given the dealer far more grief than a $5-10K loss on a car.

[b0son]

That's oversimplifying it. She had MAJOR problems. You might find your experiences a little different for a minor problem... ACCC would be more than likely to order you to bear with the dealer until the manufacturer can determine what needs to be done, or they may order the dealer to compensate for loss of amenity, which would be far less than replacement cost of the vehicle.