I have just lost a court case, that, according to absolutely everyone who has seen my documents, I could not possibly have lost... and yet... I did and no one can accept that I did when I told them.
The facts are very simple, and yet so long winded, that its difficult for me to put out in any great detail, but I will try to give you a massively editted run-down on what has happened. Any details I have so much paperwork, I can give you the number of spots on the ladybirds back on any given day in the last year, I have that much.
Here are the basics. They started in DEC 2016 and so its over a year ago.
I was looking to buy my son a Motorbike. just a cheap 125 to run about on. I popped into a locaol shop taht was selling a few motorbikes and I saw a great condition Honda Varadero. It had been dropped and so it needed a few things to sort it. I said to the shop owner, that I will give him the asking, if he fixed the bits, and gave it a fresh 12 Month MOT. He agreed and so I went to the bank and withdrew the money.
It was £1750.
Given the only bits wrong, were the right side footrest that needed bending back, and the front brake lever that needed to be replaced, and the tank was scratched, along with the fairing, but these I was NOT concerned about. They were easily coverable.
The mileage of the bike was also only 12K and so it was apart from being dropped, in great condition and with very low mileage, I was more than happy to pay the price.
Now, over the next few weeks, I was waiting for the bike to be ready and I was getting told fibs, that soon evolved into simple plain lies. I was being told that it needed a bearing for the MOT and then I was told that they replaced the wrong bearing and it needed to have a different one done, then I was told the paperwork was on its way and then I find out the MOT was NEVER done, and I asked for my money back, but every time I went to the shop, he was out, and then after a while he would say that I can borrow another bike while I am waiting, and eventually I said ok, I will borrow another bike, but then that was also taking ages, and after 7 months, I eventually got a Chinese bike that I did not want.... I told him that the bike my son was given, was NOT the bike I bought. I told him to take it away and he said that he will drop off the Honda when he picks the chinese one up...
It still took a further 3 weeks for him to do that.
What he did however drop off, was indeed a Varadero, but it was NOT the one I bought. I was however just grateful that I got a Honda and not that chinese junk
I was done with the lies, I wanted nothing to do with the git, and when I checked the bike over the next day, in the daylight, I saw that the bike was a piece of junk, and so I took it to the local Honda Center. I knew they were expensive, but they are the best and I am disabled through a motorcyclew accident I had a few yers ago ,and so I needed to kjnow that my son was riding a bike that was safe, and so I got them to give it a run over and a full service.
Later that day, they phoned me and told me its best I went to talk.
They gave me a list of faults and issues that was huge...
Both tyres below 1mm tread
Front and rear wheel bearing excessive play.
Headstock bearing worn ( the bit that holds the handlebar and front end on )
Swingarm bearing worn ( Holds the backwheel on )
Front disc worn below serviceable limit
Rear disc has a crack
Seat latch broken ( Seat could not be fitted fully as the metal bit was broken - therefore dangerous )
All the electrics were rotten ( we did have issues getting it to indicate or display any lights ) but the entire loom needed replacing.
I could go on, but they condemned the bike as unfit to ride and they would not let me ride it away.
I told the seller what was happening and he had to go get it.
he took it to another shop to get it sorted.
I waited for several more months for it to get fixed, only to learn, that he had taken the bike back without getting anything actually fixed on it.
I then contacted Small claims and through mediation, the person who was mediating for us, was clearly in agreement, that the shop that sold me the bike, clearly broke so many laws and what was even more funny, was that I have every single text from both the guy and myself, and it was so obvious that the guy had no intention of selling me the good honda and he had done what is known as a bait and switch.
Now, while all of this was going on, I was done with the bike, and so I decided to just buy my son a brand new Honda and I got him a CBF125. It was only £2600 and its brand new so we wont have any crap like we have had with this one.
That Varadero I said my mates son can have it as he only had a rusty old sinnis that had failed its MOT and with the Mediation, I had said that as long as the list is sorted, and I get a 12 Month MOT, Iwil take the Varadero back ( for my mates lad ).
He had until the 4th of July to get these issues sorted and the MOT done.
On teh 5th of july I looked online and saw it had just failed the MOT that day, I phoned him and I said its just failed ,whats going on? - he then said the guy doing the MOT is ill so I have not had the chance to do it... I that said I just told you I saw its failed why do you even now still keep on lying?
It took a further 4 weeks for the bike to finally pass the MOT and for him to say its ready.
I took my mates son with me and we took the bike.
He got about 2 miles down the road and it seized up on him.
I phoned the guy and said Im done. come get it, I want my money.
He never did and so I then elevated the claim...
last week we went to court.
The judge NEVER let me provide any evidence, she simply said that as he had given it an MOT, then she is going to dismiss the case!
I said that the deal was for him to fix the list of issues and give it an MOT, he fixed NOTHING, he simply took it to a local garage that does NOT do bike MOTs and they gave it an MOT. I also had a piece of paper that they gave him, and he mistakenly gave it to me, or rather he took the english one out, but left the welsh one and it clearly states that the MOT is given on the proviso that he sorted out the issues that they noted and he did nothign of the sort.
The court also would not let me enter that as evidence either
The court simply stuck on the fact that it had an MOT and so the women, said that is all he needed to do... She was stating that they MUST have done all the fixes or they would not have given it an MOT, and I was trying to say they gave it a semi one as he was going to do the work, but he never did.
Im waffling now.
But the fact is, that I honestly think that the judge was either completely incompetent to head such a trial and that she completely misunderstood the facts of the case.
I did NOT take my solicitor with me as he said its not possible for me to lose due to the sheer amount of evidence, and yes the texts I have also prove that the seller lied by using his own texts against him.
Oh, nd also the previous owner of that varadero that I am now stuck with, bought it purely as a scrapper for 50 quid. he then ppriced up how much it would cost to sort it out and as it was going to be so much, he thought its not worth thje effort, and then sold it to the shop for any spares, for £100
This is the bike I got that I paid £1750 for!
I am now done with the UK law system.
The facts are very simple, and yet so long winded, that its difficult for me to put out in any great detail, but I will try to give you a massively editted run-down on what has happened. Any details I have so much paperwork, I can give you the number of spots on the ladybirds back on any given day in the last year, I have that much.
Here are the basics. They started in DEC 2016 and so its over a year ago.
I was looking to buy my son a Motorbike. just a cheap 125 to run about on. I popped into a locaol shop taht was selling a few motorbikes and I saw a great condition Honda Varadero. It had been dropped and so it needed a few things to sort it. I said to the shop owner, that I will give him the asking, if he fixed the bits, and gave it a fresh 12 Month MOT. He agreed and so I went to the bank and withdrew the money.
It was £1750.
Given the only bits wrong, were the right side footrest that needed bending back, and the front brake lever that needed to be replaced, and the tank was scratched, along with the fairing, but these I was NOT concerned about. They were easily coverable.
The mileage of the bike was also only 12K and so it was apart from being dropped, in great condition and with very low mileage, I was more than happy to pay the price.
Now, over the next few weeks, I was waiting for the bike to be ready and I was getting told fibs, that soon evolved into simple plain lies. I was being told that it needed a bearing for the MOT and then I was told that they replaced the wrong bearing and it needed to have a different one done, then I was told the paperwork was on its way and then I find out the MOT was NEVER done, and I asked for my money back, but every time I went to the shop, he was out, and then after a while he would say that I can borrow another bike while I am waiting, and eventually I said ok, I will borrow another bike, but then that was also taking ages, and after 7 months, I eventually got a Chinese bike that I did not want.... I told him that the bike my son was given, was NOT the bike I bought. I told him to take it away and he said that he will drop off the Honda when he picks the chinese one up...
It still took a further 3 weeks for him to do that.
What he did however drop off, was indeed a Varadero, but it was NOT the one I bought. I was however just grateful that I got a Honda and not that chinese junk
I was done with the lies, I wanted nothing to do with the git, and when I checked the bike over the next day, in the daylight, I saw that the bike was a piece of junk, and so I took it to the local Honda Center. I knew they were expensive, but they are the best and I am disabled through a motorcyclew accident I had a few yers ago ,and so I needed to kjnow that my son was riding a bike that was safe, and so I got them to give it a run over and a full service.
Later that day, they phoned me and told me its best I went to talk.
They gave me a list of faults and issues that was huge...
Both tyres below 1mm tread
Front and rear wheel bearing excessive play.
Headstock bearing worn ( the bit that holds the handlebar and front end on )
Swingarm bearing worn ( Holds the backwheel on )
Front disc worn below serviceable limit
Rear disc has a crack
Seat latch broken ( Seat could not be fitted fully as the metal bit was broken - therefore dangerous )
All the electrics were rotten ( we did have issues getting it to indicate or display any lights ) but the entire loom needed replacing.
I could go on, but they condemned the bike as unfit to ride and they would not let me ride it away.
I told the seller what was happening and he had to go get it.
he took it to another shop to get it sorted.
I waited for several more months for it to get fixed, only to learn, that he had taken the bike back without getting anything actually fixed on it.
I then contacted Small claims and through mediation, the person who was mediating for us, was clearly in agreement, that the shop that sold me the bike, clearly broke so many laws and what was even more funny, was that I have every single text from both the guy and myself, and it was so obvious that the guy had no intention of selling me the good honda and he had done what is known as a bait and switch.
Now, while all of this was going on, I was done with the bike, and so I decided to just buy my son a brand new Honda and I got him a CBF125. It was only £2600 and its brand new so we wont have any crap like we have had with this one.
That Varadero I said my mates son can have it as he only had a rusty old sinnis that had failed its MOT and with the Mediation, I had said that as long as the list is sorted, and I get a 12 Month MOT, Iwil take the Varadero back ( for my mates lad ).
He had until the 4th of July to get these issues sorted and the MOT done.
On teh 5th of july I looked online and saw it had just failed the MOT that day, I phoned him and I said its just failed ,whats going on? - he then said the guy doing the MOT is ill so I have not had the chance to do it... I that said I just told you I saw its failed why do you even now still keep on lying?
It took a further 4 weeks for the bike to finally pass the MOT and for him to say its ready.
I took my mates son with me and we took the bike.
He got about 2 miles down the road and it seized up on him.
I phoned the guy and said Im done. come get it, I want my money.
He never did and so I then elevated the claim...
last week we went to court.
The judge NEVER let me provide any evidence, she simply said that as he had given it an MOT, then she is going to dismiss the case!
I said that the deal was for him to fix the list of issues and give it an MOT, he fixed NOTHING, he simply took it to a local garage that does NOT do bike MOTs and they gave it an MOT. I also had a piece of paper that they gave him, and he mistakenly gave it to me, or rather he took the english one out, but left the welsh one and it clearly states that the MOT is given on the proviso that he sorted out the issues that they noted and he did nothign of the sort.
The court also would not let me enter that as evidence either
The court simply stuck on the fact that it had an MOT and so the women, said that is all he needed to do... She was stating that they MUST have done all the fixes or they would not have given it an MOT, and I was trying to say they gave it a semi one as he was going to do the work, but he never did.
Im waffling now.
But the fact is, that I honestly think that the judge was either completely incompetent to head such a trial and that she completely misunderstood the facts of the case.
I did NOT take my solicitor with me as he said its not possible for me to lose due to the sheer amount of evidence, and yes the texts I have also prove that the seller lied by using his own texts against him.
Oh, nd also the previous owner of that varadero that I am now stuck with, bought it purely as a scrapper for 50 quid. he then ppriced up how much it would cost to sort it out and as it was going to be so much, he thought its not worth thje effort, and then sold it to the shop for any spares, for £100
This is the bike I got that I paid £1750 for!
I am now done with the UK law system.
