Can anyone provide a Stat.Dec.? - MVAgusta.net
 3Likes
  • 6 Post By nigelrb
 
LinkBack Thread Tools Display Modes
post #1 of 7 (permalink) Old 04-12-2018, 10:54 PM Thread Starter
New Member
 
Join Date: Jun 2014
Location: Melbourne
Posts: 45
Can anyone provide a Stat.Dec.?

Umm... is anyone in Australia willing to provide me a stat. dec. related to:
- sprag/starter experience
- poor suspension design / instability
- rear brake not fixable
- unacceptable product support etc.
- rear hub failure or fit for service


I have a VCAT case pending and it could be very useful.
Also anything in relation to:
- poor throttle control
- major/dangerous failures
- tail light globe housing
- mirrors breaking
- engine fault codes
- exhaust valve fit for service
- random coolant dump
- wheel bearing life


Although my personal collection of evidence is clear, more would be better.
darrenb is offline  
Sponsored Links
Advertisement
 
post #2 of 7 (permalink) Old 04-13-2018, 02:18 AM
Senior Member
 
nigelrb's Avatar
 
Join Date: Jan 2018
Location: Worcester, England
Posts: 1,821
Send a message via AIM to nigelrb Send a message via Skype™ to nigelrb
Hi Darren. Without background information, (but believing your are running a 'fit for the purpose' case, you could have hell of a job to find favour with the tribunal chair/magistrate.

I'm assuming the respondent will be a dealer and/or MV Agusta Australia. As the tribunal's decision will be founded on 'the balance of probabilities' it is highly likely that you will be fighting the collective weight of MV Agusta. I predict that MV (or the dealer) would acknowledge a sprag flaw, but then spend time convincing the tribunal how it had exceeded its commercial responsibility by doing all possible to resolve the probem(s) with both product and consumer.

Whilst 'a' Statutory Declaration' (or Affidavit) might strengthen your case, the ability to offer the tribunal verbal evidence - subject to cross-examination - would be preferable. Ideally, a selection of well-qualified witnesses at your side would be a great asset.

(Whilst I write from England, I spent many years in Melbourne and had a range of retail cases (both as Respondent and Complainant) before VCAT and the Small Claims Tribunal.)

2007 MV F4 1000R
2018 CBR1000RR SP2 : 2004 CBR1000RR : 2003 CBR954RR : 2001 CBR929RR (Erion Racing Edition)
1985 Honda VF1000R : 1985 Honda NS400R
2020 Daytona 765 Moto 2 Replica (on order)
nigelrb is online now  
post #3 of 7 (permalink) Old 04-13-2018, 06:21 AM
Senior Member
 
silentservice703's Avatar
 
Join Date: Feb 2008
Location: Duxbury, MA, USA
Posts: 20,802
Send a message via Skype™ to silentservice703
@darrenb: I am pretty certain that accuracy in dealing with the Court System is desirable. Perhaps you should start with the year and model of MV with which you are having trouble. The issues of a 2000 F4 do not apply to the issues of a 2015 B3.

For those unfamiliar with the terms, what is a Stat. Dec.? A VCAT?

Do issues around the world help, or just OZ?

Gapalicious 2019 at
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
from OCTOBER 2-6, 2019

Call (423) 519-2000 or (423) 253-6213 to reserve your Riverfront Cabin. PM me for The Crow's Nest reservation!!!

Email/Paypal:
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


My personal Cell Phone: (781) 223-3020


'07 F4 312R, '10 B4 1090RR, '15 B3 800RR
'07 Ducati Monster S4Rs, '07 Ducati Monster 695
2010 Harley Davidson Ultra-Classic Electra-glide CVO FLHTCUSEBLK
'63 Honda C100A Cub
'61 MVA TRA 125
silentservice703 is offline  
Sponsored Links
Advertisement
 
post #4 of 7 (permalink) Old 04-13-2018, 01:52 PM
Senior Member
 
nigelrb's Avatar
 
Join Date: Jan 2018
Location: Worcester, England
Posts: 1,821
Send a message via AIM to nigelrb Send a message via Skype™ to nigelrb
Quote:
Originally Posted by silentservice703 View Post


For those unfamiliar with the terms, what is a Stat. Dec.? A VCAT?

Do issues around the world help, or just OZ?
Well pointed out, SS703. Sometimes in our rush to post, we think of an immediate (local) audience rather than one which stretches world-wide as does this forum.

To assist, 'Stat. Dec.' is an abbreviation for Statutory Declaration - a declaration of events put in writing and sworn on oath before a magistrate or accredited public dignitary. Fellow members in the USA would know it as an Affidavit or Deposition.

VCAT is an acronym for Victorian Civil and Administrative Tribunal (Victoria, Australia) which lies beneath the state court hierarchy but does relieve the court system of 'minor' disputes, and, hears matters of complaint against State Government departments. In the absence of darrenb's elaboration, I suspect his claim to VCAT hinges on an alleged contravention of Section 12 of the Fair Trading Act 1999 (Victoria).

As further supposition on my part, it appears darrenb is pursuing the 'shotgun effect' in that his claim (seemingly) comprises a multitude of many unrelated issues, i.e. 'mirrors breaking' Vs 'unacceptable product support etc' and more striking, 'tail light globe housing' Vs 'random coolant dump'. Most successful actions of this nature will focus on 2 or 3 main issues reinforced by prime, irrefutable evidence - not a log of claims which might result in an, 'Oh well, what about this . . .' as a 'backup' measure.

Your question of 'would issues around the world help' poses a conundrum for darrenb. He could have a folder of issues from a dozen other countries, but in defence the respondent (again, presumably MV Agusta Australia or a dealer) would claim separation AND the fact that models are 'regionalised', AND the said MV Agusta or dealer could present their own owner/witnesses who would attest to NEVER having experienced such issues with their MV.

All in all, I would LOVE to be a 'fly on the wall' at the hearing!!

2007 MV F4 1000R
2018 CBR1000RR SP2 : 2004 CBR1000RR : 2003 CBR954RR : 2001 CBR929RR (Erion Racing Edition)
1985 Honda VF1000R : 1985 Honda NS400R
2020 Daytona 765 Moto 2 Replica (on order)
nigelrb is online now  
post #5 of 7 (permalink) Old 04-13-2018, 02:52 PM
Senior Member
 
silentservice703's Avatar
 
Join Date: Feb 2008
Location: Duxbury, MA, USA
Posts: 20,802
Send a message via Skype™ to silentservice703
Thanks for that explanation.

Gapalicious 2019 at
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.
from OCTOBER 2-6, 2019

Call (423) 519-2000 or (423) 253-6213 to reserve your Riverfront Cabin. PM me for The Crow's Nest reservation!!!

Email/Paypal:
To view links or images in signatures your post count must be 10 or greater. You currently have 0 posts.


My personal Cell Phone: (781) 223-3020


'07 F4 312R, '10 B4 1090RR, '15 B3 800RR
'07 Ducati Monster S4Rs, '07 Ducati Monster 695
2010 Harley Davidson Ultra-Classic Electra-glide CVO FLHTCUSEBLK
'63 Honda C100A Cub
'61 MVA TRA 125
silentservice703 is offline  
post #6 of 7 (permalink) Old 04-16-2018, 01:22 AM Thread Starter
New Member
 
Join Date: Jun 2014
Location: Melbourne
Posts: 45
Thanks Nigel,
Yes, it does look a little shotgun but my main claims are around Australian Consumer Law and the vehicle not being of suitable quality, durability, and falling short of the promises upon which it was sold. Had I known of these ongoing issues I would not have purchased it.
Technically, main points are around amount of time off the road, sprag (which in writing was no longer supported here for upgrade), cush drive and nut falling off while riding, and suspension suitability and inherent instability.
I have a folder of history, including a previous notification to Consumer Affairs who advised the dealer of their responsibilities and yet still did not get any attention.

That said, I would be VERY happy for an Affidavit or sworn oath from anywhere globally as part of my evidence!

Oh, Its a 2014 F3-800

Last edited by darrenb; 04-16-2018 at 01:22 AM. Reason: missed something
darrenb is offline  
post #7 of 7 (permalink) Old 05-04-2018, 02:32 AM
Senior Member
 
nigelrb's Avatar
 
Join Date: Jan 2018
Location: Worcester, England
Posts: 1,821
Send a message via AIM to nigelrb Send a message via Skype™ to nigelrb
Thread resurrected for update.

I hope darrenb is still viewing forum.

I'm sure many of us sympathise with his dilemma, but we might equally be interested in how the legal recourse is progressing (or not).

Perhaps most importantly, I hope Darren is still able to get enjoyment from his bike.

2007 MV F4 1000R
2018 CBR1000RR SP2 : 2004 CBR1000RR : 2003 CBR954RR : 2001 CBR929RR (Erion Racing Edition)
1985 Honda VF1000R : 1985 Honda NS400R
2020 Daytona 765 Moto 2 Replica (on order)
nigelrb is online now  
Reply

Quick Reply
Message:
Options

Register Now



In order to use all of the features of the MVAgusta.net site, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in










Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page
Display Modes
Linear Mode Linear Mode



Posting Rules  
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On

 
For the best viewing experience please update your browser to Google Chrome