Cloggsy has won his litigation - SV650.org

22-09-06, 02:46 PM

Remember Cloggsy's KTM?? Well, it has a happy ending

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

He won!!

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

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

Viney · 22-09-06, 02:48 PM

Fantastic news

22-09-06, 02:49 PM

That is SUPERB news!

22-09-06, 02:51 PM

Great news.

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

) wins out.

Brilliant.

Biker Biggles · 22-09-06, 03:02 PM

Nice one. :P

22-09-06, 03:05 PM

Hey Ed - always wondered why you wore your undies outside your leathers and now I know

Good on yer mate - well done. Well to Clive, too - that can't have been easy

fizzwheel · 22-09-06, 03:10 PM

Thats a great result. Nice one the pair of you

northwind · 22-09-06, 03:13 PM

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

Good work chaps!

22-09-06, 03:21 PM

22-09-06, 02:46 PM	#1
Ed Guest Posts: n/a	Cloggsy has won his litigation Remember Cloggsy's KTM?? Well, it has a happy ending 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 He won!! 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 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

22-09-06, 03:02 PM	#6
Biker Biggles Member Mega Poster Join Date: Jan 2005 Location: Barnet Herts Posts: 5,071	Nice one. :P __________________ On a clear day we stand there and look further than the ordinary eye can see.

22-09-06, 03:10 PM	#8
fizzwheel Super Moderator Mega Poster Join Date: Dec 2003 Location: Somerset Posts: 3,614	Thats a great result. Nice one the pair of you __________________ Look Dave, I can see you're really upset about this. I honestly think you ought to sit down calmly, take a stress pill, and think things over. K5 GSXR 750 Anniversary Edition

22-09-06, 03:13 PM	#9
northwind Moderator Mega Poster Join Date: Jan 2004 Location: In the garage where I belong Posts: 17,083	Don't **, with Ed and Cloggsy, cos Ed and Cloggsy, will **ing sue you Good work chaps! __________________ "We are the angry mob, we read the papers every day We like what we like, we hate what we hate But we're oh so easily swayed"

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Oi! Cloggsy!	Ol Boc	Pennine Massive	0	07-02-08 05:19 PM
Litigation	melody	Idle Banter	41	05-10-07 11:53 AM
Just for Cloggsy....	Jelster	Photos	21	14-04-07 03:32 PM
where's cloggsy?	kwak zzr	Idle Banter	3	21-06-06 02:09 PM
Oi Cloggsy	Ed	Idle Banter	9	17-05-06 06:44 PM

22-09-06, 02:48 PM	#2
Viney Member Mega Poster Join Date: Jul 2003 Location: In the shadows to the left Posts: 7,700	Fantastic news

22-09-06, 02:49 PM	#3
Peter Henry Guest Posts: n/a	That is SUPERB news!

22-09-06, 02:52 PM	#5
the white rabbit Guest Posts: n/a	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 ) wins out. Brilliant.

22-09-06, 03:05 PM	#7
Jabba Guest Posts: n/a	Hey Ed - always wondered why you wore your undies outside your leathers and now I know Good on yer mate - well done. Well to Clive, too - that can't have been easy