Welcome to the Stickles versus Ford Motor Credit Company
settlement website established and maintained by
Class Counsel. If you received
the Notice of Class Action and Proposed Settlement, you have been identified as
a potential member of the settlement class. Please read the notice in its
The class consists of customers who entered into a motor vehicle lease with
Ford Credit between September 24, 1992 and March 1, 2002 for which Ford Credit
either directly or by assignment from a dealer provided retail lease financing
and the customer 1) made one or more required lease payments after the payment
due date; 2) the customer was charged a late fee; 3) the customer paid those
late fees; and 4) does not owe Ford Credit money on any terminated lease.
Please note that the class excludes persons who reside in Maine and
Additionally, a class has been certified consisting of those former Primus
Automotive Financial Services, Inc. customers who paid late fees to Ford Credit
between August 1, 1999 and March 1, 2002, and do not owe Ford Credit any money
on any terminated lease.
|There was one objection filed with the Court.
Counsel believes it is meritless, but this will delay refunds of checks as
planned for the first quarter of next year.
|A response was filed in relation to the
objection filed with the Court. The appeal is still pending.
|The Court has dismissed the appeal. The process
of getting the refunds disbursed will begin as soon as possible.
|Over the past several months, Ford Motor Credit
and Gilardi & Co., the claims administrator, produced three databases of
class members and late charges that upon review, Class Counsel contends,
appeared to be incomplete. Class Counsel has therefore asked the settlement
judge to set a hearing to determine whether an independent audit should be
conducted so that an accurate list of payments can be compiled. In order to
compensate class members for the delay, Class Counsel has asked Ford Motor
Credit to pay an additional 5% per annum from November 30, 2003 to the date the
settlement checks are mailed.
On August 20, 2004, Class Counsel and counsel for Ford Motor
Credit met with the settlement judge to determine the issues discussed in our
April 22 update. As a result of that meeting, the settlement judge
1) that the Settlement Administrator, Gilardi & Co.,
issue settlement checks at the earliest possible date;
2) that interest at the rate of 3.150680% per annum, but not
to exceed a total aggregate amount of $200,000, be paid from April 4, 2004 to
September 1, 2004, to each eligible settlement class member identified on the
list of eligible claims presented at the hearing;
3) that class members with more than one eligible lease will
receive a separate check for each lease and that the calculation used to arrive
at the check amount will be printed on the check stub;
4) that cashing the settlement check will not preclude an
eligible class member from asserting an objection that the refund calculation
was in error or that there were additional eligible leases for which refunds
were not issued. Ford Motor Credit is to promptly investigate the claim and
either authorize the settlement administrator to issue an additional settlement
check or if the objection is invalid, provide a statement of the reason(s) to
Gilardi & Co. is preparing the data for the checks, and
we expect them to be mailed shortly. As soon as we know the projected mailing
date, we will post it on this website.
|The claims administrator expects to begin mailing settlement checks on or shortly after October 28 2004. A separate check will be mailed for each eligible lease. Please allow at least three weeks for your check to reach you.
If you have questions about your check, please call the claims administrator at 1-800-414-8129.
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