Ford Australia refutes ACCC claims about female drivers

FIRST, it blamed their “driving styles”. Now Ford Australia says women who were allegedly ripped off when seeking refunds on dud cars “came out financially ahead”.

EXCLUSIVE

FORD Australia has hit back at Federal Court claims it ripped off women who sought refunds, saying many “came out financially ahead”.

The Australian Competition and Consumer Commission has accused Ford of unconscionable conduct by allegedly telling women who complained about shuddering and jerking when accelerating there was no problem and the issue was actually their “driving style” — even though the carmaker supposedly was aware of systemic flaws with the transmission in Fiesta, Focus and Eco Sport models sold between 2010 and 2016.

The ACCC also alleges Ford engaged in false, misleading or deceptive conduct by telling women they were not able to get their money back, even though Ford apparently knew the women were legally entitled to a refund.

Instead, the ACCC says, Ford told the women they would have to make a payment averaging $7000 in order to get a replacement vehicle.

RELATED: Seven steps to getting a refund from Ford

Ford owner Taylor Morgan was told her driving style was an issue. Picture: Jay Town

To support its case, the ACCC has presented the court with nine case studies — all women, four from Victoria, three from WA and one each from NSW and Queensland.

The cars owned by these women were all relatively new but had had their clutches replaced up to four times.

Repeated ineffective repairs is typically seen as a grounds for a refund under Australian consumer law.

In responding to the nine case studies, Ford begins by saying it disputes the allegations — then seeks to shift blame to dealers.

“The dealers were not Ford Australia’s agents,” says a document filed by Ford and obtained by News Corp Australia. “If a dealer engaged in misleading conduct or gave misinformation about the changeover process … to a customer, they were not authorised or directed to do so by Ford Australia.”

To read the ACCC’s allegations against Ford, scroll through the documents below.

To read Ford Australia’s response scroll through the documents below.

It then individually addresses each case study, saying seven women “came out financially ahead” by amounts of up to $16,715 as a result of a changeover into typically newer, higher-value models. The notional gains made by the women were, according to Ford, as a result of discounting and its financial contributions.

Billie Capic is the lead applicant in the class action against Ford. Picture: Paul Loughnan

But the women too had to fork out as much as $13,000 each. The ACCC argues they should have been offered no-cost replacements or refunds. Two of the nine did get their money back. One, the ACCC says, only got a refund after going public about her treatment. The other — a widow with four children who bought her car with an inheritance from her late brother — held out for two years before getting a refund. All of the women are unnamed.

A two-week hearing is due to begin in Melbourne on April 30.

Ford is also facing a class action over the same issues.

Originally published as Ford Australia refutes ACCC claims about female drivers