Suing s***r c*****e...
 

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[Closed] Suing s***r c*****ents for consequential loss?

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Hi Im new hear and I would like some advice.
To-day I was out on my bike and my s***r s*r pads on the rear fell apart at speed, I came off, but luckily I was OK, but bike has big dent in top tube,
Im not happy about this , i have been looking around the web and it seems that this is a know problem. My question is how do i go about taking him to court, do I need a solicitor or can i do it my self through the small clams court, any ideas welcome.

The guy says that the pads passed the necessary corrosion tests, but this seems to be a lie as there the only pads I have ever seen go rusty from behind the backing.


 
Posted : 23/07/2012 7:20 pm
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[img] [/img]


 
Posted : 23/07/2012 7:22 pm
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I don't think you'll do yourself any favours by putting the name up. Ask the mods to remove the thread and start again without any potentially libelous statements.


 
Posted : 23/07/2012 7:23 pm
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How did losing the back pads cause a crash?


 
Posted : 23/07/2012 7:24 pm
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shit happens, move on with your life


 
Posted : 23/07/2012 7:25 pm
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url? 🙄


 
Posted : 23/07/2012 7:25 pm
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how careful are you when replacing your wheel, and more specifically, inserting your disc back into position in the caliper..?


 
Posted : 23/07/2012 7:25 pm
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How did losing the back pads cause a crash?

As suddenly I did not have a rear brake, causing me to not make it around the bend, the sudden loss of power was at the worst possible moment. Was using rear brake at the time it went.


 
Posted : 23/07/2012 7:26 pm
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trying to make a quick buck from poor maintainence


 
Posted : 23/07/2012 7:27 pm
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I don't think you'll do yourself any favours by putting the name up. Ask the mods to remove the thread and start again without any potentially libelous statements.

also its not libellous if its True


 
Posted : 23/07/2012 7:27 pm
 nols
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no one likes to crash - it sucks ass, but it happens. You're not hurt, get up and move on.


 
Posted : 23/07/2012 7:27 pm
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if it was on a road I could have died to day..


 
Posted : 23/07/2012 7:29 pm
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also its not libellous if its True

'tis neither mine nor your decision to make, but you will notice the carful placement of the word potentially. It's the details you seem to be missing.
I reckon you're in for about the same amount as I'd be counter suing you for for any lost business due to this thread.
😀


 
Posted : 23/07/2012 7:29 pm
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trying to make a quick buck from poor maintainence

Im I meant to keep them lubricated?


 
Posted : 23/07/2012 7:30 pm
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did you not have a front brake? if so learn to brake proper.


 
Posted : 23/07/2012 7:31 pm
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also the bike is very well looked after, haveing worked in a bike shop for 5 years I think i know what im doing!!


 
Posted : 23/07/2012 7:32 pm
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haveing worked in a bike shop for 5 years I think i know what im doing!!

[url= http://www.freesmileys.org/smileys/smiley-laughing001.gi f" target="_blank">http://www.freesmileys.org/smileys/smiley-laughing001.gi f"/> [/img][/url]
Good luck.


 
Posted : 23/07/2012 7:34 pm
 mrmo
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also its not libellous if its True

Prove it,

The pads failed, not good, but from their point of view, how were they installed, what has happened inserting and removing the rear wheel, how old were the pads, what cleaning chemicals have been used, . etc

As for the problem as far as i know, history, not used the pads, but not heard any complaints for a couple? of years.

And yes customer service doesn't seem to be a strong point.


 
Posted : 23/07/2012 7:35 pm
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well people hear seem to be unhelpful and insulting im going to seek legal advice in the morning.


 
Posted : 23/07/2012 7:36 pm
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It is not libellous if it is true - and it is - this is a known issue.

Suing for consequential damages is however very difficult I believe and I don't see this as a strong case as there are too many uncertainties

You certainly can do it thru "small claims" yourself. Can you be arsed with the hassle? It will be a load of grief for a very uncertain outcome

I would - but I think anyone who knowing sells dangerous components needs to be dealt with

Your other option would be trading standareds


 
Posted : 23/07/2012 7:39 pm
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[img] [/img]


 
Posted : 23/07/2012 7:40 pm
 Pook
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I fell off my bike once. Who can I sue?

edited for being a bit harsh. But really, come on, you really think you've got a case? You're in cloud cuckoo land. People could sue for anything 'consequential'.

It's mountain biking. Sometimes you come off. Enjoy the anecdote. Don't be a plank.


 
Posted : 23/07/2012 7:42 pm
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OP, for what it's worth whenever this subject comes up on here quite a few people come out with other names of manufacturer's/resellers/rebarnders' brake pads which have suffered a similar fate. Including in a couple of cases the pads supplied fitted in the brakes and/or sold by the brake company themselves.


 
Posted : 23/07/2012 7:42 pm
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Nothing like the number of superstar pads that have failed. Its a known issue and his refusal to adress it is foolhardy


 
Posted : 23/07/2012 7:44 pm
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TJ
It was the sudden loss of control that scared me. One day i fear some one will go under a bus or something.


 
Posted : 23/07/2012 7:46 pm
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I had pads come off backing material once. They were not superstar.

However it does seem to be a significant issue with them. I doubt you'd be able to sue him though, more like whoever made them.


 
Posted : 23/07/2012 7:47 pm
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Even in the bad old days of the instantly delaminating pads, not sure anyone crashed and sued.


 
Posted : 23/07/2012 7:47 pm
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So new forum user goes straight to calling TJ, TJ?

1/10.

...and that's being generous, as the sun is out.


 
Posted : 23/07/2012 7:48 pm
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[img] [/img]

You were doing pretty well until:

silver1999 - Member
also the bike is very well looked after, haveing worked in a bike shop for 5 years I think i know what im doing!!


 
Posted : 23/07/2012 7:49 pm
 MSP
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No one with an internet connection and a passing interest in mountain bikes can claim to be ignorant of the fact that superstar pads are cheap tat. No one to blame but yourself if you're stupid enough to then buy them.


 
Posted : 23/07/2012 7:50 pm
 Pook
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yep. reeking of bull poop.


 
Posted : 23/07/2012 7:50 pm
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**** this forum its full of ****s, see ya!


 
Posted : 23/07/2012 7:50 pm
 Pook
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just been topped up.

I've never had a problem with superstar for the record.


 
Posted : 23/07/2012 7:51 pm
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From what i can make out from your original post you squeazed the brake lever and had no rear brake - nada, zilch, heehaw. What retardation effect did the remaining backing material and remaining "good" pad have?

Sod it - I call troll.


 
Posted : 23/07/2012 7:51 pm
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* this forum its full of *, see ya!

Weeeeeeeee!


 
Posted : 23/07/2012 7:52 pm
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Heck,I just made a cup of tea and opened a new pack of biscuits,where's he gone?


 
Posted : 23/07/2012 7:52 pm
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Back under the bridge. Expect another one soon!


 
Posted : 23/07/2012 7:53 pm
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TandemJeremy - Member

Nothing like the number of superstar pads that have failed. Its a known issue and his refusal to adress it is foolhardy

As much of an issue as malicious trolling and multiple log-ins?


 
Posted : 23/07/2012 7:53 pm
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Jamie - not seen that before: made me proper lol!


 
Posted : 23/07/2012 7:58 pm
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@couldashouldawoulda

Full version here: http://johannesnyholm.se/wmm/embed/


 
Posted : 23/07/2012 8:00 pm
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TandemJeremy - Member

Nothing like the number of superstar pads that have failed.

can i see the detailed research and statistical study that leads you to this conclusion


 
Posted : 23/07/2012 8:02 pm
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I've had several of the old superstar pads fail, and they've always replaced them with new. ONly once did both pads fall off in the same ride but still had some brakes (after all the material is metal).

Newer pads are all OK, been riding various pads/various bikes for 18months or so and not one failure, I would call that progress no?

Although if I was going someplace desolate I'd be fitting genuine OE pads, 3x the price, but if it buys me piece of mind for a critical safety componant, then fair enough.

Also, anyone remember years ago before disk brakes were invented? When we just had those blocks of soft gooey dirty rubber jammed against mud, jammed against grit, jammed against quickly eroding aluminium?

They would frequently fail, on every single corner/braking point after a muddy puddle/wet grass/weather not quite ideal/that time of the month, so you'd always tap the brakes just a second before you actually needed them to assure they would actually work before you wrapped yourself around that tree. Not rememeber those days?


 
Posted : 23/07/2012 8:03 pm
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can i see the detailed research and statistical study that leads you to this conclusion

TJ has spoken, he needs no other evidence in his world of sweeping generalisations. 😆


 
Posted : 23/07/2012 8:03 pm
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I had a pair of brake pads fail on a DH track. I didn't fall off - does that mean I can't sue anyone?


 
Posted : 23/07/2012 8:04 pm
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The Southern Yeti - Member
It's all got a bit boring on here of late, ain't it?
bikebouy - Member
Me know of nothing you speak... But it does seen a little dull of late.

Bring elfin back.


** strokes chin **


 
Posted : 23/07/2012 8:07 pm
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Posted : 23/07/2012 8:07 pm
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I'm suing the bloke that posted the video clip of the baby in the bar. There's half a can of diet pop in my keyboard now, and someone's paying for it.


 
Posted : 23/07/2012 8:08 pm
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That was Jamie. You can't sue Jamie because he's a spambot, or something. That's what he said once anyway, when I asked how he was always first to reply on every thread. Unless TJ says you can in which case you can, it's the law.


 
Posted : 23/07/2012 8:10 pm
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I take it silver was born in 1999?


 
Posted : 23/07/2012 8:14 pm
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- 10 points for poor technique through overuse of rear brake
minus another 10 for not keeping the thread going


 
Posted : 23/07/2012 8:19 pm
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@ Jamie/Kitty city....I think I had a trip like that once....didn't end well.


 
Posted : 23/07/2012 8:23 pm
 DezB
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Way are we giving this idiot our attention?
the batch of brake pads with this issue pased through about 2 years ago. who else has reported it since?

Also when the pads fail, you still have metal on metal so brakes still work.

This kind of thread turns up every now and again, can't really understand what the point is.


 
Posted : 23/07/2012 8:37 pm
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don't pretend to know the technical details of the superstar pads, but I thought I understood it was a rogue batch a couple of years ago?

I have certainly used their pads before and since and will continue to do so, but I am pretty careful about checking condition of stuff before i throw myself over the saddle

TJ and others are entitled to take their custom elsewhere, but please don't make out that those of us who continue to use s/star are idiots


 
Posted : 23/07/2012 8:37 pm
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This kind of thread turns up every now and again, can't really understand what the point is.

It's so we can all gather round the fire, and reminisce about times gone by.


 
Posted : 23/07/2012 8:38 pm
 DezB
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Can you play Michael Row the Boat Ashore?


 
Posted : 23/07/2012 8:40 pm
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but please don't make out that those of us who continue to use s/star are idiots

I'm perfectly content that TJ and that ilk think I'm an idiot.


 
Posted : 23/07/2012 8:40 pm
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Can you play Michael Row the Boat Ashore?

Sure can!


 
Posted : 23/07/2012 8:44 pm
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Wowee, I've never seen anyone introduce themselves & storm off in one go on here before.

I've bin' flamed before but..who gets that upset? Diddumms.

NEXT!


 
Posted : 23/07/2012 8:55 pm
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nope im a grown up, most of the people on hear clearly are not, since when did complaining about a shitty product count as trolling.. god knows.


 
Posted : 23/07/2012 9:03 pm
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I've bin' flamed before but..who gets that upset? Diddumms.

Surf Mat.


 
Posted : 23/07/2012 9:03 pm
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nope im a grown up, most of the people on hear clearly are not, since when did complaining about a shitty product count as trolling.. god knows.

You're right, my child. God does indeed know.

/hallelujah


 
Posted : 23/07/2012 9:09 pm
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since when did complaining about a shitty product count as trolling

Complaining doesn't count as trolling. Asking who you can sue because you can't take responsibility for yourself arguably is. It certainly sums up the pathetic blame culture in which we live these days.

You had a front brake, so you crashed because you didn't have the skills to ride at the speed you were, and control the situation when you discovered your rear brake had failed.

With the best QA in the world, stuff fails, shimano pads fail, hope pads fail, formula pads fail. People should man up and get on with it when they do Riding a bike is a potentially dangerous activity, if you can't accept that, then perhaps going back under the bridge from whence you came is the best policy.


 
Posted : 23/07/2012 9:10 pm
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Complaining about a 'shitty product' is acceptable when done in a constructive manner, creating an account to start an argument about something that has been done to death hundreds of times and then getting offended when being called on it looks very like trolling.

If it isn't trolling, then the smart thing to do would be to drop back now, if you continue then it'll only persist the impression that it's arguing for arguments sake.

If you're that convinced by your position then sue them. let us know how it turns out. Put your money where your mouth is, otherwise shut up now.


 
Posted : 23/07/2012 9:10 pm
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With the best QA in the world, stuff fails, shimano pads fail, hope pads fail, formula pads fail.

And sometimes threads fail.


 
Posted : 23/07/2012 9:15 pm
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any decent rider knows you don't brake in corners. You brake in advance of corners. If you couldn't make a corner because your rear brake failed it shows poor braking technique and poor riding technique.

If the front had failed in the run up to a corner I could maybe accept it more.


 
Posted : 23/07/2012 9:16 pm
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theotherjonv - Member
any decent rider knows you don't brake in corners. You brake in advance of corners. If you couldn't make a corner because your rear brake failed it shows poor braking technique and poor riding technique.

This.

Would you sue your frame manufacturer if it cracked mid ride?
Would you sue your tyre manufacturer if a sidewall failed while riding along?
etc.

slainte 😐 rob


 
Posted : 23/07/2012 9:19 pm
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I went too fast into a corner a while ago and saw a Car coming towards me and instinctivly slammed the back brake on and fell off.

If i'd been going slower, I would have not fallen off so brakes that work in corners are as dangerous as brakes that dont work.

Lose the speed before the corner.....


 
Posted : 23/07/2012 9:20 pm
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WHAT'S SURF MAT?


 
Posted : 23/07/2012 9:22 pm
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AWESOME!!

(Can we keep him?)


 
Posted : 23/07/2012 9:23 pm
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Oh man, is it Christmas? This is too much fun.


 
Posted : 23/07/2012 9:25 pm
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LOL!


 
Posted : 23/07/2012 9:25 pm
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some people on hear are clearly riding gods

And I use the same pads as you, I must be DOUBLE AWESOME!

cfinnimore - Member

WHAT'S SURF MAT?


This VVVVVV
AWESOME!!


 
Posted : 23/07/2012 9:26 pm
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Mods pleas delete my account, I though this was a serious forum, it seems to be populated with 13 year old boys.


 
Posted : 23/07/2012 9:27 pm
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Oh man, is it Christmas? This is too much fun.

It just seems like the return of jumpupanddown to me.


 
Posted : 23/07/2012 9:27 pm
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Has TJ been drinking? this has to be his alter ego. 😈


 
Posted : 23/07/2012 9:30 pm
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It's the return/alias of someone.


 
Posted : 23/07/2012 9:31 pm
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edit - can't be arsed


 
Posted : 23/07/2012 9:32 pm
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nope just some person that wanted some advise, you clearly not very grown up.


 
Posted : 23/07/2012 9:34 pm
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Mods pleas delete my account, I though this was a serious forum, it seems to be populated with 13 year old boys.

[img] http://tinyurl.com/d477r7w [/img]


 
Posted : 23/07/2012 9:36 pm
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I had a brand new set of Hope pads fall apart - friction compound just fell off the backing plate. Took them back to LBS and they said 'known problem with Hope' and just gave me a new set. No one was sued and no flouncing occurred - do I get a medal?


 
Posted : 23/07/2012 9:40 pm
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