FOR IMMEDIATE RELEASE
Court finds Consumers’ Claims can proceed against Ford Motor Credit Company
In 2015, Kenneth L. McBride and Mary A. McBride purchased a Ford vehicle from Randy Marion Ford Lincoln in Statesville, North Carolina, and financed the vehicle through Ford Motor Credit Company, LLC. The vehicle was sold to Mr. and Mrs. McBride as a new vehicle. However, within 24 hours of taking the vehicle off the lot, the passenger seat would not remain in an upright position, and continued to fall into a reclining position.
Mr. and Mrs. McBride returned to Randy Marion four different times over the next week and requested Randy Marion repair the vehicle. Randy Marion’s employees claimed nothing was wrong with the vehicle and refused to repair the vehicle. Finally, on their last trip back to Randy Marion, Mr. and Mrs. McBride rejected acceptance of the vehicle and returned the vehicle to Randy Marion.
The McBrides were subsequently sued by Ford Motor Credit Company, LLC for payment under the finance contract. The McBrides denied they owed anything to Ford Motor Credit Company, LLC because they had returned the vehicle to Randy Marion due to the fact it was defective. The McBrides also filed breach of warranty counterclaims against Ford Motor Credit Company, LLC. The trial court ruled in favor of Ford Motor Credit Company, LLC, and the McBrides appealed.
On appeal, the North Carolina Court of Appeals unanimously vacated the order of the trial court, and remanded the case for further proceedings to allow the McBrides to maintain their defenses and counterclaims against Ford Motor Credit Company, LLC.
Mr. Michael Kepley of The Law Group in Wilmington, North Carolina represented the McBrides during the appeal. Mr. Kepley said he is happy Mr. and Mrs. McBride can proceed in court with their defenses and counterclaims because he believes they have merit. Mr. Kepley also said he hopes the ruling will help other consumers who are facing the same or similar circumstances.
To read the full North Carolina Court of Appeals Opinion: https://appellate.nccourts.org/opinions/?c=2&pdf=36338