1200 I Give Up! Hello Ktm My Dear Old Friend.

Controls not instruments. Agree the old style speedo dial is shite when you've got used to a massive digi speed display.

 

Awwww yisss..... That's the kiddie... Definitely....

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You're right, it's not BH fault however the contract that JH has/had is a "tripartite agreement" between himself, BH and the dealer. Ducati are not involved in this and are off the hook I'm afraid, particularly as BH would appear to have agreed to cancel the contract.

BH will just get the dealer to fix the bike to an acceptable standard and it will end up back in the shop for sale again, complete with a warranty. That's the reality.

The only time that Ducati would have gotten involved would have been if a process of litigation had started. Since BH and the dealer did not make the faulty goods then they are indemnified by the manufacturer. JH would have had to have brought a case against BH and the dealer, and then in turn they would have brought Ducati into the case and you would have had four parties in court within someone picking up four different legal bills at the end of it.

It's also worth keeping in mind that if litigate in the high court then it is absolutely unheard of for a judge to award 100% costs. It just never happens. By the time you end up in court each party could have easily amassed a £20K bill, probably more. 75% costs are more representative in these situations and so you'd have been saddled with a £5K legal bill and therefore possibly worse off than having paid for the repair himself.

High court litigation tends to be the place where these cases get heard as the complexity of the contracts tend to place them outside of the capabilities of the small claims system, even though the amount in question qualifies to be heard in the small claims court.

I just want to add, that I'm not a solicitor or a barrister and the info I'm regurgitating here is as a result of being in this exact situation albeit with a brand new £52K car.

 

Good stuff now one thing has crept up in my readings on here, what JH does a £200,000+ house extension look like?

 

7 years ago our kitchen cost upwards of 30k with me doing the initial strip out, (3 skips) all of the wiring, lights, sockets, speakers network, TV etc etc.... It is a bit misleading where you watch the renovation programs tend to quote stupid prices...

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Why are you having a giant qwerty key board out back? Is to right to Ducati Italy regarding their bike building skills?

 

Yep, we won "UK Renovation of the Year" two years ago - the judges asked us how much we'd spent and I mumbled the response because the number sounded silly compared to what gets quoted on the TV progs. The judges were actually impressed and confirmed that the sort of figures we see on GD etc were indeed absolute bollocks.

 

Yep... 3 years ago we did our bathroom... Again I stripped it out, did the wiring, plasterboarded the ceiling, I think the floor took upwards of 600 screws to secure it to the marine floorboard... 5k in the end...

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It's been the same for the whole house really.... A retaining wall round the bottom of the garden cost 3k in materials and you can't even see it! When the cement pumping lorry dropped 1.5ks worth of concrete into the ground the wife was in tears.... I asked her why...

That's a fucking holiday right there getting poured in!

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If you financed it through the dealer and they're un-helpful in any sort of help with rebuilding it (even if just for you to sell again), get in touch with the finance company to discuss the tri-party agreement. I won't go into depth, a quick Google should explain things. Good luck whatever the outcome.

 

Just realised how long this thread was... I only saw the first bit!! Glad you got a positive outcome.

 

JH, just a thought. I know you've said that deposit has been returned and it's already down on a new bike, but have they said whether you're on-the-hook for any amount - ie, the balance of the finance less the amount recovered at auction? To what extent are they cancelling the finance agreement?

The reason I ask is that when I finally managed to arrange the return of my car, they said it was going to go to auction, much like your Multi. Only thing was that even though the finance agreement had been cancelled and I wasn't obligated to pay any money monthly any more, it did still mean that the balance of the finance was still due. I'd actually had a decent amount of use out of the car which 4 months from new was now faulty and the dealer repeatedly failing to repair it, and so I couldn't sell it and clear the finance if I wanted to because it wasn't fit to sell. BH offered to take the car back, cancel the finance agreement, but what it meant was that I was still obligated to clear the balance but the car going to auction once repaired was expected to clear that balance.

This was about 6 years ago when we were deep in recession and hand-built sports cars weren't exactly in high demand. What should have had a used book value of about £45K didn't sell the first time they put it into auction. It didn't sell the 2nd time either. Or the 3rd time. On the 4th attempt at auction it went into they accepted an offer by a dealer outside of the auction, and in short they dumped the car .... for £18K !!!

They then came to me for the balance and I told them to "do one" and we ended up litigating for a completely different purpose to that which we set out to achieve.