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

[Express]

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

[Blue_XR]

I hope this isn't a repost

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

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”.

[Vesper Martini]

Perhaps CVT is not that bad..

[blackf6]

Pfft. Tell the lawyers to drive an Eaton Ultrashift. Then they will winge.

[Hemihunter]

add the Ranger box in there as well.

[NX74205]

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.

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 ...

[Matty4]

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.

[JVC063]

Diesel has a wet gearbox and is not affected

[Smoke Pursuit]

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.

[Matty4]

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.

[lucas2]

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.

[GasoLane]

Threads merged.

[suttoo]

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.

[damo76]

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.

[damo76]

Is anyone on here signing it or is it a rip off?

[au2000]

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

[ronwest]

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.

[TheInterceptor]

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..

[GTLEGEND]

Originally Posted by damo76

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...

[mik]

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 .

[EBSXR6]

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

[Yellow_Festiva]

Originally Posted by GTLEGEND

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????

[Yellow_Festiva]

Originally Posted by EBSXR6

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.

[OzJavelin]

This the same issue? http://fordforums.com.au/showthread....1347138&page=2

As per my post in this thread in 2012:

Should 2012 plated vehicles have the latest software for the PowerShift (great name) transmission?
Friend of mine has bought one (500km on the odo now) and it seems to have some "issues": dropping out of drive when stationary, rolling backwards on inclines (need to keep revs up for keep in gear), "extra big sloppy hydromatic style gear change from 2nd to 3rd at about 20kph" (then felt like stuck in top gear) .. and just general poor gear selection, etc.

After numerous visits to the dealer complaining about basically dangerous power loss and unexpected acceleration (while parking) it was replaced under warranty.

It's a "real" issue .. not imaginary. Basically like having the transmission in your car operated by an inexperienced child.

[SpoolMan]

This trans was rubbish it was the sole reason why we sold our Focus sport ($15k loss in 2.5years) my wife now drives a Nissan..
channel 7 Melbourne story on the DSG..
https://au.news.yahoo.com/video/watc...n-court/#page1

[GTP534]

Yep, this transmission really spoils what is otherwise a great little car.

It shudders, is noisy, it's indecisive and there is a definite time lag between pressing the accelerator and something happening when kicking down.

Ours had some reprogramming done but the old symptoms are returning.

I'll persevere with the dealer and research the class action before jumping on that bandwagon.

[Morexbs]

I am surprised that anyone would even buy an Ecosport after a test drive.Without doubt the worst car I have ever driven.

[Yellow_Festiva]

Originally Posted by Yellow_Festiva

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?

[jpd80]

The original issue in the US began with gearbox oil leaks onto the clutch elments,
those were the first examples and replaced by Ford after software upgrades didn't work

The next issue is that the clutch puts out a lot of dust material that can't be cleared from inside the housing unless disassembled, eventually causing the transmission to shudder.

The last problem is that the gearbox naturally runs hot and the control module has been attached directly to that hot running assembly causing early failure of ECUs...

Man, the Lawyers are going to have a field day, the scuttlebut was that in late 2013
Ford NA had upwards of 11,000 clutch units on back order.

The US still sells the 2.0 DI Powershift combo as the majority of Focus sales,
so whatever it has done seeme to have overcome a lot of the criticisms or
perhaps jsut delayed them into the second hand market.....

So glad that new Focus has left this problem behind but a good light duty
next generation wet clutch powershift would out perform the 6F auto..

[xtremerus]

Some owners are probably use to traditional automatics and don't understand that they have an automated manual. And so they have different expectations.