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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Breach Of Contract / Ripped Right Off


kendo7
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Well Not Sure How To Start Or What Help To Seek , Contacted Police (can Not Do Anything , As Civil Matter ~) , Finding It Hard To Get A Solicitor To Act , What Is This World Coming To When The Law Can Not Get Involved In A Pure [problem] & Rip Off Involving £0000

 

To Say I Am Annoyed Is Telling It Mildly,

 

We Bought A Dog For Showing And Possibly Breeding In The Future , We Sent £2000 & Should Of Recieved The Paper Work Which Confirmed The Sale And Transfered Ownership To Us On Recieving Payment ,

 

Part The Contract Was A Puppy Returned From Our First Litter Or Price Of Pup , Before The Agreement Had Time To Mature , We Were Asked About Paying Early , We Agreeded To This , But After Agreeing To Same People Asked For More Money Then They Were Owed ,.. We Refused This And Advised That If Higher Figure Is Demanded Then You Must Wait Till Pups Are Sold As Agreed

 

We Believe This Was Fair As They Were In Breach Of Contract Due To Not Forwarding Papers On Receipt Of The First Payment

So They Start With Blackmail And Even Committed Fraud

 

We Advised That We Will Honour Our Side The Agreement And They Have To Let The Agreement Mature

 

We Finally Bred The Dog Some 6 Months Later After Giving Her Time To Settle In With Us ,

 

We Produced 8 Pups Valued At £12000 , Now The Same People Ask For Even More Money Or No Papers To Register The Pups , Without The Papers We Can Not Sell The Pups Or Register Them

So At A Loss Over The Monies Sent And The Pups Produced,

I Would Like To Claim For Losses Due To Breach Of Contract For The Price Of Pups

If They Forward Papers We Would Not Be At A Loss And Can Do As Planned , With No Loss To Ourselves , But No , They Want More Money Or No Papers

 

How Do We Stand On This? My Husbands Health As Deterioated Rapidly Concerning This And Other Medical Problems ,

 

All Help Will Be Greatly Appriciated Which A Huge Donation To This Site Or Anyone Who Can Help Us Solve This Problem , We Are At Witts End

Thanks And God Bless Pat X

Edited by kendo7
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Are the transfer papers you refer to a proper registration with the Kennel Club? If so then you could maybe put in a complaint with them. I don't know how the KC work as I'm a cat breeder but if I sold a kitten and refused to hand over the paperwork I'd be fined. If I didn't pay the fine and rectify the situation I'd be named and shamed on the GCCF website so buyers would know to avoid me.

 

Do you have a pedigree certificate for the dog you bought and if so what information is on it?

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Are the transfer papers you refer to a proper registration with the Kennel Club? If so then you could maybe put in a complaint with them. I don't know how the KC work as I'm a cat breeder but if I sold a kitten and refused to hand over the paperwork I'd be fined. If I didn't pay the fine and rectify the situation I'd be named and shamed on the GCCF website so buyers would know to avoid me.

 

Do you have a pedigree certificate for the dog you bought and if so what information is on it?

 

Hi thanks for your reply , contacted kennel club , and they say its a civil matter , we do not get involved as we are a register for dogs ,the breeders are the first call of contact on the k.c website regarding another breed , I pointed this out , but still nothing in putting things right , they have breached k.c regulation regarding selling a dog without papers ?????what more can one do , I am going to rehome the pups in family homes as pets and accept the losses to put this bad situation behind us as I worry about my husband and we do not need the stress, I look at pups and cry knowing I have let them down, I have told my husband things are getting sorted out and not to worry ,sorry but must sign out as upset too much , thanks again best regards Pat x

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I'm sure you will find wonderful homes for your pups and in no way have you let them down. The vast majority of pedigree pups/kittens are sold into pet homes. It would be a very unusual litter that comprised only potential show winners.

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Hi,

Have you tried contacting the official club for your breed for advice? If the breeder is a member and / or maybe a judge etc surely they wouldn't want the bad publicity?

Perhaps try writing a polite letter enclosing a copy of the contract and pointing out that you have clearly kept to your side of the bargain and they have contracted for a given fee which cannot be varied in retrospect.

Tell them if they fail to supply the KC transfer form you will have no alternative but to:

  • Report them to the Breed Club and Kennel Club
  • Inform "Our Dogs" and "Dog World" and breed specific publications about their conduct as a warning to other buyers.
  • Make a claim through the courts for the return of any moneys already paid which reflects the difference in value between a registered, showable and breedable example of the breed and a pet price.

Tell them if they are prepared to keep to the original agreement you will use a mediator agreeable to both parties to hold the cash and release it to them on receipt of the documentation.

 

Worth a try as they would probably be more afraid of bad publicity than the toothless KC.

Are there any breed stalwarts of your breed who you can turn to for advice..Championship judges ( or rival breeders? ) The dog showing fraternity can be very cutthroat. If they are so ruthless, they must have enemies ;)

 

Good luck and hope your husband's health improves. These things can be so stressful, and take over your life!

(I know, I used to be a breeder/judge :wink: )

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You may need to write again to the Kennel Club, throwing their own Code of Ethics back at them and concentrating on highlighting the areas the breeder has failed to address.

 

The Kennel Club General Code of Ethics

30-May-06

 

 

All breeders who register their puppies, and new owners who register ownership of their dogs with the Kennel Club, accept the jurisdiction of the Kennel Club and undertake to abide by its general Code of Ethics.

 

 

Breeders/Owners:

  1. Will properly house, feed, water and exercise all dogs under their care and arrange for appropriate veterinary attention if and when required.
  2. Will agree without reservation that any veterinary surgeon performing an operation on any of their dogs which alters the natural conformation of the animal, may report such operation to the Kennel Club.
  3. Will agree that no healthy puppy will be culled. Puppies which may not conform to the Breed Standard should be placed in suitable homes.
  4. Will abide by all aspects of the Animal Welfare Act.
  5. Will not create demand for, nor supply, puppies that have been docked illegally.
  6. Will agree not to breed from a dog or bitch which could be in any way harmful to the dog or to the breed.
  7. Will not allow any of their dogs to roam at large or to cause a nuisance to neighbours or those carrying out official duties.
  8. Will ensure that their dogs wear properly tagged collars and will be kept leashed or under effective control when away from home.
  9. Will clean up after their dogs in public places or anywhere their dogs are being exhibited.
  10. Will only sell dogs where there is a reasonable expectation of a happy and healthy life and will help with the re-homing of a dog if the initial circumstances change.
  11. Will supply written details of all dietary requirements and give guidance concerning responsible ownership when placing dogs in a new home.
  12. Will ensure that all relevant Kennel Club documents are provided to the new owner when selling or transferring a dog, and will agree, in writing, to forward any relevant documents at the earliest opportunity, if not immediately available.
  13. Will not sell any dog to commercial dog wholesalers, retail pet dealers or directly or indirectly allow dogs to be given as a prize or donation in a competition of any kind. Will not sell by sale or auction Kennel Club registration certificates as stand alone items (not accompanying a dog).
  14. Will not knowingly misrepresent the characteristics of the breed nor falsely advertise dogs nor mislead any person regarding the health or quality of a dog.

Breach of these provisions may result in expulsion from club membership, and/or disciplinary action by the Kennel Club and/or reporting to the relevant authorities for legal action, as appropriate.

 

 

Bear in mind too the power of the Breed Clubs, in that without membership they would be banned from entering certain shows, holding office etc.

Do you mind telling us what breed is involved?

Elsa x

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