View Full Version : Cloggsy has won his litigation
Remember Cloggsy's KTM?? Well, it has a happy ending :D :D :D
The bike had defective header pipes and vibrated like hell - turned out it was a design defect. The dealer, M&S Motorcycles in Newcastle, refused to admit that there was a problem. Three failed attempts to repair later, the bike remained off the road, KTM had 2 goes at redesigning the header pipes, and so it went on - and on.
The dealer's attitude was deplorable, they simply weren't interested.
In the end they refused to talk sensibly and so I sued them.
Grounds of the claim were that the bike was defective at point of sale under the Sale and Supply of Goods to Consumers Regulations 2002, which amend the Sale of Goods Act. In the particulars of claim I claimed loss of enjoyment, loss of insurance, loss of road tax, and costs of trailering the bike up to Newcastle.
M&S's 'defence' was risible. It was a series of admissions in the main, but again they claimed that it was all Clive's imagination.
It came to trial this afternoon at Harrogate County Court. I've been acting for him in preparing it, but Clive did his own advocacy and took on the dealer in court head to head :smt014
He won!! :bounce:
Won a nice chunk of damages - I'm sure he'll be on later to give the full low-down. So Clive is now going to become a barrister :lol:
Moral of the story - if your bike is duff and the dealer isn't interested, or fails to fix it in a reasonable timescale, sue them. You have every chance of winning.
Ed
Peter Henry
22-09-06, 02:49 PM
That is SUPERB news! :wink:
the white rabbit
22-09-06, 02:52 PM
Thats excellent. I'm always a pessimist about this kind of thing so its great to hear the small man (or in his case big :wink: :lol: ) wins out.
Brilliant.
Biker Biggles
22-09-06, 03:02 PM
Nice one. :P
Hey Ed - always wondered why you wore your undies outside your leathers and now I know :lol:
Good on yer mate - well done. Well to Clive, too - that can't have been easy :thumbsup:
fizzwheel
22-09-06, 03:10 PM
Thats a great result. Nice one the pair of you 8)
northwind
22-09-06, 03:13 PM
Don't ****,
with Ed and Cloggsy,
cos Ed and Cloggsy,
will ****ing sue you
Good work chaps!
amarko5
22-09-06, 03:21 PM
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
Oh man this is such an awesomely good thing to hear.
It's bee a long hard road, but such a big well done to you both.
And to think that Charley wanted to take a KTM on 'The Long Way Round' trip... HA!
Filipe M.
22-09-06, 03:32 PM
Congrats! :D
Thats great news! Hopefully Clive can put it all behind him now and get a new machine, pretty much a whole year without a bike must have been tough! :)
wyrdness
22-09-06, 03:47 PM
I'm very pleased to hear this. Congratulations to Cloggsy and well done to you both.
philipMac
22-09-06, 03:48 PM
Jesus. Fair play.
Clive did his own advocacy and took on the dealer in court head to head
Hats off to the man. Seriously. No mean feat at all.
Well done the Clogs.
That is excellent news nice one guys :D
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
:thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup: :thumbsup::thumbsup::thumbsup::thumbsup::thumbsup:
What Mark said....
Excellant news bud.
Ceri JC
22-09-06, 04:12 PM
Top news! Really glad this was sorted.
thats really good news ,a victory for the customer ,maybe make a few dealers think about customers more were the pipes (as in all of that model goosed or just clives)?
Cloggsy
22-09-06, 04:34 PM
First of all, I have to say, without Ed (who's been an absolute rock,) it would have been nigh on impossible :!: So, firstly, congratulations Ed :!:
Many many thanks big fella, you are one in a million (as is Mrs Ed!)
I was 5h1tting myself when I went into court, buy when the MD of M&S started his 'acting up' and the Judge slapped him down a few times, I started to feel more an more at home - The Judge had read all the documentation so I didn't have to present my case as it had already presented itself really (again, thanks to Ed's hard work :!:)
I did chuckle to myself when the MD of M&S said "I only came back off holiday two days ago, so I've only just seen the document pack up" this was all the correspondence between us that I'd sent him 14 days before the case (as is required.) He turned up to the case on a wing and a prayer and expected to 'blag it'... He turned up unshaven in a polo shirt & jeans which the Judge looked down her nose at too...
All in all, Cloggsy 1, M&S 0 (thanks to Ed :!:) :D
mpaton2006
22-09-06, 04:40 PM
How much cash did you get?
Cloggsy? Hmmm? Name rings a bell. Did he have bike trouble then? :wink: :lol:
Nice one big fella. Well done Ed.
El Saxo
22-09-06, 06:20 PM
=D> =D> =D> =D> =D> =D> =D> =D> =D> =D> =D> =D> =D>
Great news, well done Ed & Cloggsy!
Excellent news, you buying a bike then?
philipMac
22-09-06, 06:49 PM
Modest stuff
I am serious man. I know without Ed, you would have been a bit snookered, and that he Ed is a diamond geezer, without question.
But, you stood up, in a court of Law, in front of a Judge, with no legal training, presented your case, you alone on the day, and won.
Honestly, this is something not to be taken lightly.
Ed can prepare you till he is blue in the face, regardless, you had to keep it all together on the day.
Fair play. Well done.
Anonymous
22-09-06, 08:00 PM
well done to the pair of you 8)
Been following this as i go out wiv ed for the odd drink and rides, good to hear the result, tis one for the guy in the street to get one over on corporate tossers. ed and i are going for a ride, weather permitting, on wed so i,ll buy him a drink for you cloggsy. non alchoholic you understand. well done the both of you. :D
Daryl.
CoolGirl
22-09-06, 08:31 PM
abso-bleedin'-lutely brilliant news! well done the pair of you!
From my own experience, I know how reassuring it is to have Ed standing at your shoulder, either in real life or virtually. And how much bottle it takes to stand up in court.
Customer care in this country has gone down the pan - traders take your money and when things go wrong they mess you about thinking you'll get bored and go away. So well done for your tenacity Clive. Retailers will only get the message if more people take a stand (pun fully intended!).
Now, Clive, will you PLEASE shut up about that flippin' KTM! :lol:
kwak zzr
23-09-06, 08:49 AM
well done Ed! :thumbsup: glad cloggsy got what he deserved in the end, perhaps he might just buy a suzuki again :roll:
timwilky
23-09-06, 11:24 AM
Well done the pair of you. But please stop all this self advocacy stuff. With the eldest now doing her bar vocational course. I want there to be some method of her paying back the 30 grand of debt getting a silly wig will have cost.
Scooby Drew
23-09-06, 05:39 PM
That's great news, well done guys!
Cloggsy
23-09-06, 11:41 PM
thats really good news ,a victory for the customer ,maybe make a few dealers think about customers more were the pipes (as in all of that model goosed or just clives)?
In answer to your question, all the header pipes on KTM 950 Supermoto's were faulty (a faulty weld is to blame apparently :!:) They (KTM) knew this as early as October 2005, but did nothing about it :!: I believe dealers have now recalled bikes for rectification work now though... @ss'oles :smt014
Anyhow, I won :smt036
Cloggsy
23-09-06, 11:49 PM
Now, Clive, will you PLEASE shut up about that flippin' KTM! :lol:
My lips are Super-glued... I will never use the swear word beginning with the letter 'K' again & as far as M&S are concerned, I would never buy anything from the bunch of t055ers ever again :roll:
Coddy_SV1000Z
24-09-06, 06:29 AM
i have been up there several times wilst i was looking to purchase a bike and on each occasion the sales people havent had a slightest interest in anyone at all, well done to you two for standing up to them and winning :smt023
Clive & Ed,
Congratulations! Wow... I never knew this went on so long, this was about a year? I was talking with Cloggsy about this time last year because I had just started school. Wow! But so glad you have things sorted. Way to stand your ground! :thumbsup:
Mitch
Captain Nemo
24-09-06, 03:33 PM
thats great news, now clive can get something reliable, like my 1200 kwak perhaps..........
amarko5
24-09-06, 07:24 PM
thats great news, now clive can get something reliable, like my 1200 kwak perhaps..........
hey mate what happened with your impending court date ?
IOM fast thingy :wink:
fizzwheel
24-09-06, 08:28 PM
Are you getting another bike Clogsy ?
Biker Biggles
24-09-06, 08:31 PM
He's got his eye on a KTM,going cheap cos it's subject to a court order. :wink:
fizzwheel
24-09-06, 08:51 PM
:lol: :smt043 :smt042 :smt044
Quiff Wichard
24-09-06, 11:14 PM
Brill
thats simply brill!!
21QUEST
25-09-06, 12:26 AM
Well done to the both of you =D> .
Cheers
Ben
Excellent to see how much help Ed has given — top bloke.
.
Quiff Wichard
27-09-06, 10:28 AM
tis ace- ! well done Ed..
only downside- having t spend so much time with ED.. :lol: I joke .. .. a win for Clive, ED and the forum methinks.
Cloggsy
27-09-06, 11:44 AM
i have been up there several times wilst i was looking to purchase a bike and on each occasion the sales people havent had a slightest interest in anyone at all, well done to you two for standing up to them and winning :smt023
I always found the sales lads to be excellent; Gary Butler was the guy who delt with me... Its when they've pocketed your hard earned cash they couldn't give a 5h1t :!:
As for a new bike... I'll have to see for the time being (unless something turns up which I just can't refuse for the money...) I need something to be in place for spring/summer next year though... I'm itching to ride again :!:
Steve H
27-09-06, 12:46 PM
Cloggsy. Good to hear it all turned out well.
As for a new bike,........................SV650. You know you want to! :wink: :roll:
I now have the formal Court order. They have to pay by 6 October :D :D
As for a new bike,........................SV650. You know you want to! :wink: :roll:
He's been there and done that...........
New Triumph Tiger looks good to me :wink:
northwind
27-09-06, 05:27 PM
New Triumph Tiger looks good to me :wink:
REALLY? It looks like **** to me :)
Great stuff one up for the little man on the road.
New Triumph Tiger looks good to me :wink:
REALLY? It looks like **** to me :)
I so agree, you know its gotta be an SV, maybe a thou if you fancy something a bit special :wink:
Carsick
27-09-06, 07:39 PM
New Triumph Tiger looks good to me :wink:
REALLY? It looks like **** to me :)
Join the club. At least the old design had a distinctive look. New one looks like somebody went through the spares bin of all the different manufacturers.
wyrdness
27-09-06, 07:42 PM
New Triumph Tiger looks good to me :wink:
REALLY? It looks like **** to me :)
Join the club. At least the old design had a distinctive look. New one looks like somebody went through the spares bin of all the different manufacturers.
I thought that it looked like a *******ized speed triple with a fazer front end. I prefer the old one too. They really haven't been very imaginitive with the new one.
Well done...
As for the new bike... If the 650 is old hat for you, how about the 1000 (or make Peter Henry smile and go for an italian...)
Stu
northwind
27-09-06, 07:56 PM
http://www.triumph.co.uk/images/tiger_2007_gallery3.jpg
http://www3.arboe.at/ARBOE/arboeFF.nsf/4EB8E80A84B61D40C125711E0048414E/$FILE/honda-cbf1000.gif
CoolGirl
27-09-06, 08:34 PM
http://www.triumph.co.uk/images/tiger_2007_gallery3.jpg
http://www3.arboe.at/ARBOE/arboeFF.nsf/4EB8E80A84B61D40C125711E0048414E/$FILE/honda-cbf1000.gif
the only thing going for either of those is that they'll match his leathers.
who's going to start the poll so we can TELL Clive what bike he's getting? :lol:
northwind
27-09-06, 10:07 PM
Yep, both pretty ugly. Point of the CBF pic was that they look so similiar, but only one looks like it's been melted.
I used to say that I wished someone would make a proper big trailie for the road- road tyres, road suspension, basically just a big comfy road bike- since probably 19/20 big trailies never go further offroad than you could take an SV. Then, Triumph did it and I realised my flaw- you might as well just make a big comfy road bike that doesn't look like a trailie at all, that way it won't be so stupidly tall. And they already make one of those. I can't see any benefit to the Tiger over the Sprint, unless you're very very tall, or you fall off all the time.
Anyway. Cloggsy, get a Mille.
Carsick
27-09-06, 10:57 PM
Anyway. Cloggsy, get a Mille.
Best suggestion so far.
philipMac
28-09-06, 12:34 AM
Anyway. Cloggsy, get a Mille.
Best suggestion so far.
I saw one in the flesh this very morning. Pulled up beside me and gave me a little wave and all.
I have to say... they do look pretty smart in the flesh.
And sound nice.
Meaty.
Cloggsy
28-09-06, 10:06 AM
Anyway. Cloggsy, get a Mille.
Best suggestion so far.
I saw one in the flesh this very morning. Pulled up beside me and gave me a little wave and all.
I have to say... they do look pretty smart in the flesh.
And sound nice.
Meaty.
I'd rather a Tuono TBH :twisted:
philipMac
28-09-06, 02:06 PM
So would I actually. I didnt really even like the way the Mille looked... till I saw it.
It definately works.
This is a good kind of dilema to be in though.
Anyway. Cloggsy, get a Mille.
Best suggestion so far.
I saw one in the flesh this very morning. Pulled up beside me and gave me a little wave and all.
I have to say... they do look pretty smart in the flesh.
And sound nice.
Meaty.
I'd rather a Tuono TBH :twisted:
A man of my own heart. Think if i was to get a bigger bike, itd be the tuono
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