Ford C-MAX - C-Max CVT Settlement - rjp

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.

Ford C-MAX - C-Max CVT Settlement - Collos25

Super result and slap on the back for you for persistance.

Ford C-MAX - C-Max CVT Settlement - AndyT

Glad this was finally sorted, though not easily. Like you say, there are others who will have to fight to get the same result. Poor on you Ford.

Ford C-MAX - C-Max CVT Settlement - csgmart

I've followed your 'saga' on this site for many months (years) now and I'm delighted for you that you've had a decent outcome to this sorry tale.

Surely the only decent thing for Ford to do is finally recognise their error on this matter and offer other owners of this particular model / transmission combination assistance or financial recompense.

Ford C-MAX - C-Max CVT Settlement - Cab2

I am delighted that your hard work over a long period of time has finally paid off. It is only reasonable that in this modern age we should expect to have goods that are fit for purpose, especially when the costs are so high and particularly when one is retired, as I am.

I’m now taking up my case under the Sale ofGoods Act with the trader that sold me my C-Max CVT. Even if it’s not his fault, this looks like the only way to make Ford see sense.I will keep you all informed of progress

Ford C-MAX - C-Max CVT Settlement - rjp

HJ has now posted generally applicable extracts from the material I used in my County Court case, see http://www.honestjohn.co.uk/faq/ford-c-max-cvts/.

Ford was a defendant in the case and did not contest any of this material. My Ford supplier decided to settle, see above.

The case histories I used were limited to the UK only because it was a UK court case. As far as I can see the arguments apply also to other cases I know about in Ireland, France, Spain, Germany, Portugal, Belgium and Poland, many reported via the Back Room.

Ford C-MAX - C-Max CVT Settlement - craig-pd130

Well done, that is a tremendous amount of diligent research you've done, which has built an inarguable case. It's quite ridiculous that you were put in this position by Ford.

Ford C-MAX - C-Max CVT Settlement - derby72

don't forget to post on my FB page Ford Focus C-Max 1.6 TDCI CVT Premature Gearbox Failures as many of us didn't buy through dealers and still have to fight our own battle with Ford. I have one man on the site who has had 5 gearbox replacements & now needs a 6th !!!!!!!

Ford C-MAX - C-Max CVT Settlement - rcy

I would like to point out that the transmission was made by renowned manufacturer ZF. So everytime I read about once again a great new product of theirs I think back on my 2006 Focus company car which I had bring in for repairs countless times. Trying to convince mechanics that the engine really stalled regularly due to the CVT transmission's misbehaviour.

Bad reputations last forever if the customer is not treated with appropriate empathy.

Ford C-MAX - C-Max CVT Settlement - craig-pd130

In fairness to ZF, I think it's Ford's fault for pairing a transmission that has a stated maximum torque rating, with an engine which will exceed that maximum torque pretty much any time the driver requires brisk acceleration.

Presumably, Ford just crossed their fingers and hope that the failure rate would be low, and that not many would choose the CVT option anyway

Ford C-MAX - C-Max CVT Settlement - Peter Standen

Hi all. rjp my Ford C-max transmission has pretty much died a death. I only bought this11 months ago. Sadly not been driving long and did see any pitfalls with the car when I bought it. Its done 72000 but have only put about 9000 on my self. Do you think there is any way I could sue the garage for selling it to me. Also on a side note do you know if they used the same transmition in the 2005 Ford focus zetec 1.6 auto as I'm a gluten for punishment...