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Old 01-05-10, 12:08 PM   #581
Flameboy
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I didn't manage to read the thread, no. And No I don't have legal cover with my insurance. And yes, I paid before I was aware of any damages to the bike.

again... I just accept what I'm told. The garage does have photos of when the bike first arrived with them, and the damage is not on the photos proving it was caused in police/garage hands
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Old 01-05-10, 12:11 PM   #582
yorkie_chris
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Shiiiii iiite!

IMO continue to talk with White Dalton, keep them well updated, do not take any action without their advice. (I take it you didn't ask them before paying up).

Advise them you're on a bloody tight budget and that this has skinned you further and they should tell you when you're going to start accrueing a tab, how much any further action will be etc.

You got copies of these photos? You get any photos on leaving the garage?
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Old 01-05-10, 12:14 PM   #583
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

I've kept out of this previously because quite frankly enough people have commented. Anyway a few points

1) 35HP - How many runs did they do to get this? Was it one run, the highest of many? 35HP is well within what could be considered reasonable error for a dyno (inertia dynos are not the most accurate of things as previously mentioned).

2) Aviation fuel - Sure they didn't put that in there when it failed to get over 33HP on the first run?

3) Prosecution - Even if they *do* try and bring a case and you decide not to fight it all the way (IMO 35HP is *very* fight-able) the magic words are "special reasons not to endorse", essentially you plead guilty but state that there was an honest attempt to restrict and you believed it was, obvious that any bike that should be making ~71HP but is only making 35HP has had some serious restriction (even if it didn't quite match the 33HP).

As others have said, this *stinks*, add me in on the fighting fund.

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Old 01-05-10, 12:14 PM   #584
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

jesus! this is getting rediculous! i have no experience in this sort of thing , but i would have refused the bike in that condition and refused to pay for it. but as you have already done these things i would engage some legal help straight away.
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Old 01-05-10, 12:18 PM   #585
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Just read red herrings post... Wish i had read it before, arg.. And again i thank you all for the offers of donations, Going to get on the phone again now and speak to a solicitor and see what can be achieved now.
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Old 01-05-10, 12:23 PM   #586
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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Originally Posted by yorkie_chris View Post

You got copies of these photos? You get any photos on leaving the garage?
No I didn't get a copy to hand but I'll head back up and get them, And I've taken my own photos of the damage to my bike.
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Old 01-05-10, 12:25 PM   #587
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

Great, and where was this dyno where the fire was? They may well have H+S records or even fire service or insurance ones.

It is their insurance which will probably be liable for the fire damage.
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Old 01-05-10, 12:31 PM   #588
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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Originally Posted by yorkie_chris View Post
Great, and where was this dyno where the fire was? They may well have H+S records or even fire service or insurance ones.

It is their insurance which will probably be liable for the fire damage.
That again is something else I'll have to find out when I go back up to the garage, I've no idea where it was taken and as well as getting no reply to my request to be at the testing
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Old 01-05-10, 12:33 PM   #589
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

have you been in contact with wd and whats the update from them?
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Old 01-05-10, 12:44 PM   #590
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Default Re: "33bhp?" Yes "i dont believe you, I'll seize your bike and take you to court"

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Originally Posted by james160987 View Post
have you been in contact with wd and whats the update from them?
Called a previously advised solicitor off this forum, and the same guy I'd spoken to the other day but that went to answer phone so I'd assume they're off for the weekend.

Then called WD but due to the £57 for the initial 20 minutes and £17.50 for every 6 minutes after, I really can't afford it. I'll try the other solicitors a little later and see if I can get through to them.
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