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Suing s***r c*****e...
 

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

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[#4188663]

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 8:20 pm
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[img] [/img]


 
Posted : 23/07/2012 8:22 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 8:23 pm
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How did losing the back pads cause a crash?


 
Posted : 23/07/2012 8:24 pm
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shit happens, move on with your life


 
Posted : 23/07/2012 8:25 pm
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url? 🙄


 
Posted : 23/07/2012 8:25 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 8:25 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 8:26 pm
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trying to make a quick buck from poor maintainence


 
Posted : 23/07/2012 8:27 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 8:27 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 8:27 pm
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if it was on a road I could have died to day..


 
Posted : 23/07/2012 8:29 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 8:29 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 8:30 pm
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did you not have a front brake? if so learn to brake proper.


 
Posted : 23/07/2012 8:31 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 8:32 pm
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haveing worked in a bike shop for 5 years I think i know what im doing!!

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Good luck.


 
Posted : 23/07/2012 8:34 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 8:35 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 8:36 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 8:39 pm
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[img] [/img]


 
Posted : 23/07/2012 8:40 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 8:42 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 8:42 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 8:44 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 8:46 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 8:47 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 8:47 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 8:48 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 8:49 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 8:50 pm
 Pook
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yep. reeking of bull poop.


 
Posted : 23/07/2012 8:50 pm
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**** this forum its full of ****s, see ya!


 
Posted : 23/07/2012 8:50 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 8:51 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 8:51 pm
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* this forum its full of *, see ya!

Weeeeeeeee!


 
Posted : 23/07/2012 8:52 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 8:52 pm
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Back under the bridge. Expect another one soon!


 
Posted : 23/07/2012 8:53 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 8:53 pm
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Jamie - not seen that before: made me proper lol!


 
Posted : 23/07/2012 8:58 pm
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@couldashouldawoulda

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


 
Posted : 23/07/2012 9:00 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 9:02 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 9:03 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 9:03 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 9:04 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 9:07 pm
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