I’ve just received a full and final cash settlement of my C-Max CVT County Court claim against my Ford dealer and Ford.
The dealer paid me an agreed value of my car as at the time of transmission failure, less current salvage value. He also paid my independent specialist’s collection and inspection costs. All parties to the claim agreed to pay their own legal costs.
My case had rested on a witness statement I compiled with contributions from many BackRoomers. This included documentary evidence (most of it from Ford) and case histories to support my claim that the C-Max CVT was known to be a defective product when I bought my car in May 2006.
My claim and the settlement did not depend on details of what went wrong with my car or on the car’s condition. Neither Ford nor the dealer inspected the car or insisted on any expert’s report. Specific details of the transmission failure and car's condition were irrelevant to my case since the only solution available for any transmission failure was a replacement transmission and neither Ford nor my dealer could provide satisfactory assurance that the replacement would address the inherent weaknesses of this model.
The breakthrough came after my dealer (owner of a family-run firm) had received and read my witness statement. He had the courage and decency to go round his lawyers and write to Ford, copy me, suggesting we should all take a
“cool hard look at ourselves in the mirror”
He continued:
“Ford baked a run of cakes using the wrong flour and need to admit it”
He described the C-Max CVT as having:
“this wretched design of gearbox, which two clicks of a mouse on Google will tell you what the world knows, that you wouln't sell one of these to your worst enemy, with this transmission fitted”
I could not agree more. All due respect. We agreed terms within a week.
Ford played no direct part in these discusssions, but did not contest a word of my witness statement. Ford was required by the Court to confirm in writing that it accepted the settlement and was party to the settlement order which ended my legal claim.
I’ve sent the heart of my witness statement to Ford GB Managing Director Mark Ovenden, asking him even at this late stage to take action to provide fair and reasonable settlements for other C-Max CVT owners. No reply, so I’ve also sent this information to every C-Max CVT owner who sent me a case history and asked to be kept in touch.
It’s a terrible shame that Ford’s senior managers in the UK and at Ford Europe in Germany still have not grasped this very small nettle. If they do not provide satisfactory solutions they will now inevitably face further claims from customers and traders.
Finally, a massive vote of thanks to all BackRoomers who have helped me with my case over the years, in particular WorkshopTech for your initial guidance and all the other C-Max CVT owners who rallied round when I found myself having to conduct my own case in court. The least I can do in return is help other owners as much as I can. I hope this new thread will bring a new start and help concentrate minds on sensible settlements without further delay.
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