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Discussion Starter #1
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.
 

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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.)
 

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@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?
 

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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!!
 

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Thanks for that explanation.
 

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Discussion Starter #6 (Edited)
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
 

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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.
 
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