Expert Needed!!

[Manonabike]

So there you have it..... THINK TWICE BEFORE YOU GIVE MSG ANY BUSINESS. I personally would not but a spoke nipple from them

 

[53-11]

Several more welding experts have been consulted. The result of their inspections is 'cold lapped weld'.

Cold lapped weld = defect of manufacturing. End of story.

So things still progressing. Slowly. But they are progressing!

 

[RecordAceFromNew]

Several more welding experts have been consulted. The result of their inspections is 'cold lapped weld'.

Cold lapped weld = defect of manufacturing. End of story.

So things still progressing. Slowly. But they are progressing!

Faced with a completely intransigent counterparty, it seems inevitable that the only sensible way to progress is to take them down the small claims court process which while may not be relevant in this case from 1st April has a claims ceiling of £10,000 compared to the current £5,000, and force the other side to at least go through the motions of mediating for a settlement.

Based on what was said, imho the OP has already enough expert opinion to: a) convince any reasonable seller to avoid fighting it out in court, and b) start the legal process - gathering such opinions clearly has a cost, however in a small claims process generally the court prefers (and may only rely on) the independent expert evidence commissioned upon the judge's request if/when he/she deems it necessary.

 

[53-11]

Faced with a completely intransigent counterparty, it seems inevitable that the only sensible way to progress is to take them down the small claims court process which while may not be relevant in this case from 1st April has a claims ceiling of £10,000 compared to the current £5,000, and force the other side to at least go through the motions of mediating for a settlement.

Based on what was said, imho the OP has already enough expert opinion to: a) convince any reasonable seller to avoid fighting it out in court, and b) start the legal process - gathering such opinions clearly has a cost, however in a small claims process generally the court prefers (and may only rely on) the independent expert evidence commissioned upon the judge's request if/when he/she deems it necessary.

Good info thanks.

So a judge in a small claims court may commission their own experts? That wouldn't be a problem because the conclusion would be the same (cold lapped)

Guess that would spread such a trial over a number of days then?

 

[RecordAceFromNew]

Good info thanks.

So a judge in a small claims court may commission their own experts? That wouldn't be a problem because the conclusion would be the same (cold lapped)

Guess that would spread such a trial over a number of days then?

The underlying principles regarding experts in small claims are driven by statute:
1) expert opinion will not be allowed by the court (i.e. judge) unless deemed by same to be necessary (the idea is to encourage limiting litigation costs)
2) parties should instruct a joint expert where possible (same reason)
3) expert must assist the court and not the parties (which is a little different/more to just being "independent"), the judge can order the appointment of a single joint expert with cost to be borne by one or both parties which the judge can direct, but currently only £200 of expert cost can be awarded against the loser.
4) This could be decided at a preliminary hearing.

Imho in your case I would not be surprised if a judge would just use his/her common sense and dispense with expert opinion altogether - we've got to ask ourselves what leg has the loser seller got to stand on. What are they going to say in their written response or in court? The bouncy (or not so bouncy) saddle broke the frame?

 

[Star Strider]

Is this the work of Crankarm again?

It's all rather vague and non specific right up until the point where the OP ran the risk of people not giving a toss, so then he pulled a manufacturers name out of his backside.

 

[53-11]

The underlying principles regarding experts in small claims are driven by statute:
1) expert opinion will not be allowed by the court (i.e. judge) unless deemed by same to be necessary (the idea is to encourage limiting litigation costs)
2) parties should instruct a joint expert where possible (same reason)
3) expert must assist the court and not the parties (which is a little different/more to just being "independent"), the judge can order the appointment of a single joint expert with cost to be borne by one or both parties which the judge can direct, but currently only £200 of expert cost can be awarded against the loser.
4) This could be decided at a preliminary hearing.

Imho in your case I would not be surprised if a judge would just use his/her common sense and dispense with expert opinion altogether - we've got to ask ourselves what leg has the loser seller got to stand on. What are they going to say in their written response or in court? The bouncy (or not so bouncy) saddle broke the frame?

You have just made my day Sir.

 

[RecordAceFromNew]

You have just made my day Sir.

Delighted. I would also recommend this guide, written by a judge and a barrister.

 

[matthat]

Have your in laws had any joy yet??

 

[53-11]

Its all gone a bit legal............

 

[53-11]

[posting deleted]

The in-laws want a version of this as an official response to the 'expert report' produced by MSG. I've pulled this version because I want only one version in circulation.

 

[Spoked Wheels]

I can understand that you feel very strongly about this issue and rightly so but when you write a letter like that I think you should not let your personal feelings dictate what you write. Keep it factual short and straight to the point.
Good luck any way and don't give up. After reading this thread I have a feeling this company is just playing the more powerful, resourceful card.

 

[53-11]

I can understand that you feel very strongly about this issue and rightly so but when you write a letter like that I think you should not let your personal feelings dictate what you write. Keep it factual short and straight to the point.
Good luck any way and don't give up. After reading this thread I have a feeling this company is just playing the more powerful, resourceful card.

Can't help it sorry. Just got to attack bad science wherever I see it.

MSG is playing a poor hand of cards through nothing but bluff. And like most bluffers they will be caught out eventually.

 

[Spoked Wheels]

Can't help it sorry. Just got to attack bad science wherever I see it.

MSG is playing a poor hand of cards through nothing but bluff. And like most bluffers they will be caught out eventually.

No need to apologise.

It certainly seems that MSG are a company not to be trusted. The rest of the members should make a mental note of the name and avoid in the future.

 

[53-11]

MSG in Lancing.

Just a point of clarification in case there are other bike shops out there of the same name.