Ford under threat from class action

Update, May 18, 2016: Bannister Law has announced its class action was filed in the Federal Court of Australia yesterday.

"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. These, we argue, are breaches of Australian Consumer Law," said Charles Bannister, the firm's principal.

"We're asking the Court to consider ordering 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. We're also seeking legal and expert costs from Ford.

"Affected consumers included a number of owners who are too scared to their drive cars due to sudden power loss or unreliable acceleration. Turning right on a busy road is said to be particularly hair-raising."

Bannister cites a Perth woman, Kelly Richards, who claims that the PowerShift transmission in her Fiesta was at the heart of an engine fire that destroyed the car. Ms Richards says that the Fiesta had been back to the servicing dealer for the transmission to be rectified on multiple occasions, and an independent mechanic had confirmed the transmission was faulty.

Dual-clutch transmissions are under the microscope once more, with Ford's Getrag PowerShift box now in the gunsights of local legal firm, Bannister Law.

The firm, represented in all three east-coast capitals and Perth, is inviting owners to take part in a class action against Ford Australia for the car company's alleged failure to rectify faults in the PowerShift transmission fitted to Fiesta, Focus and EcoSport models, as we reported yesterday.

Ford is hoping to head off the class action by referring owners of affected vehicles back to the servicing dealership. Some owners have done that, only to have the same faults resurface. In some cases, owners have been told by the dealer that the transmission is not faulty, contrary to the owner's experience.

Ford Australia Communications & Public Affairs Director, Wes Sherwood, is aware of the issue with owners of vehicles fitted with the PowerShift transmission.

"Ford is committed to providing its customers with top quality vehicles," he advised motoring.com.au yesterday. "We are equally committed to addressing potential issues and responding quickly for our customers.

"We have addressed the majority of our customers’ questions and are pleased with our ongoing improvement in customer satisfaction levels."

Like Volkswagen's DSG, which has also been the subject of controversy, the PowerShift transmission employs two clutches automatically to engage and disengage odd and even-numbered gears, respectively. In normal operation the transmission should shift smoothly and swiftly, but there are clearly a number of disgruntled Ford customers grappling with a transmission that operates abnormally.

On a webpage set up specifically for those owners, Bannister Law has described the transmissions as "defective" and prone to shift "harshly" or exhibit unusual operating traits. According to the web page, a faulty transmission "slips, bucks, jerks"; the car can accelerate without warning, or the transmission can delay shifting down, delay accelerating and reduce braking effectiveness.

Bannister Law will be pursuing Ford Australia for legal costs, as well as a settlement for the plaintiffs, but the class action, if it goes ahead, will be on the basis of no-win, no pay. The vehicles affected are as follows:

WT 1.6 & WZ 1.5 Fiesta (built from 2010-2014);
Ecosport 1.5 built from 2012-2014;
LW Focus 1.6 & 2.0 models (built from 2010-14)