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

Fantastic news

That is SUPERB news! :wink:

Great news.

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.

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:

Thats a great result. Nice one the pair of you 8)

Don't ****,
with Ed and Cloggsy,
cos Ed and Cloggsy,
will ****ing sue you

Good work chaps!

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