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    • We used to recommend that people accept mediation but our advice is change. The mediation process is unclear. Before you can embark on it you have to agree that you are prepared to enter a compromise – and that means that you agree that you are prepared to give up some of your rights even though you are completely in the right and you are entitled to hundred percent of your money and even though EVRi are simply trying to obstruct you in order to discourage you and also to put others who might want to follow your example off from claiming even though they have a legitimate basis for reimbursement. Mediation is not transparent. In addition to having to sign up that you are prepared to give up some of your rights, you will also have to agree not to reveal any details of the mediation – including the result of the mediation – so that the whole thing is kept secret. This is not open justice. Mediation has nothing to do with justice. The only way of getting justice is to make sure that this matter goes to trial unless EVRi or the other parcel delivery companies put their hands up and accept the responsibility even if they do it is a gesture of goodwill. Going to trial and winning at trial produces a judgement which we can then add to our small collection to assist other people who are in a similar boat. EVRi had been reading you around by the nose since at least January – and probably last year as well – and their whole purpose is simply to drag it out, to place obstacles in your way, to deter other people, and to make you wish that you'd never started the process and that you are prepared to give up your 300 quid. You shouldn't stand for it. You should take control. EVRi would prefer that you went to mediation and if nothing else that is one excellent reason why you should decline mediation and go to court. On mediation form you should sign that you are not prepared to compromise and that you are not prepared to keep the result secret but that you want to share the results with other people in similar circumstances. This means that the mediation won't go ahead. It will take slightly longer and you will have to pay a court fee that you will get that back when you win and you will have much greater satisfaction. Also, once you go the whole process, you will learn even more about bringing a small claim in the County Court so that if this kind of thing happens again you will know what to do and you will go ahead without any hesitation. Finally, if you call EVRi bluff and refuse mediation and go to trial, there is a chance – maybe not a big chance – but there is a chance that they will agree to pay out your claim before trial simply in order to avoid a judgement. Another judgement against them will simply hurt the position even more and they really don't want this. 300 quid plus your costs is peanuts to them. They don't care about it. They will set it off against tax so the taxpayer will make their contribution. It's all about maintaining their business model of not being liable for anything, and limiting or excluding liability contrary to section 57 and section 72 of the consumer rights act.  
    • Nice to hear a positive story about a company on this form for a change. Thank you
    • too true HB, but those two I referred for starters - appear to be self admitted - One to excuse other lockdown law breaking, by claiming his estate away from his consistency and London abode was his main home the other if he claims to have 'not told the truth' in his own words via that quote - to have mislead his investors rather than broken lobbying rules   - seem to be slam dunks - pick which was your law breaking - it seems to be both and much more besides in Jenricks case Starmer was director of public prosecutions yet the tories are using seemingly baseless allegations for propaganda and starmer is missing pressing apparent blatant criminality in politics
    • I am sure the resident experts will give you a comprehensive guide to your rights.  The responsibility lies with the retailer. I have dealt with Cotswold before for similar. And found them refreshingly helpful.   Even when I lost the receipt for one item I had bought in Inverness. The manager in Newcastle called the store. Found the transaction and gave me a full refund. 
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Kitten death after 3 weeks


chinnygirl
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I desperatly need some help i bought a persian for 1000.00 from a breeder and after 3 weeks she died suddenly from liver abnormailitys which vet said she was posibly born with it developed very quickly the breeder has not offered me a new kitten or a refund ive tried sending her 2 letters before action but to no avail both letters were signed for so i knew she would get them

PLease can someone advise me wethere it is worth my time taking her to small claims court if so would i loose more money

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Yes it is worth your while going to Small Claims Court. Make sure that you've got a written statement from the vet.

 

Also I suggest that you have a research around the Internet about the breeder to see if there are any similar problems reported. This would help you.

 

Who is the breeder? Please let us know.

 

And finally, here's something that you may not want to hear – but what a shame to be able to spend such enormous amount of money on a farm bred animal when there are so many others needing homes and which come basically for free.

 

Anyway, please let us know if you want to begin a small claim and if you can get the paperwork and we will help you.

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By the way, why have you been sending multiple letters before action?

 

If there is anything calculated to make you lose credibility and to make the other side realise that you are weak, it is to send letters before action and then not follow up on your threat.

 

You should have had all of this worked out before you start firing off letters. You only make it more difficult for yourself and for other people later on who might find themselves in the same predicament.

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thank you for your quick reply

yes i do no what your saying but i fell in love with her the breeder has stopped breeding these kittens and had her queens and stud now neutered which to me says alot..

i wish to go ahead with court proceedings now i have your advie please i do have a copy of vet report also

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I hope that if you sort this out and get your money back, you will simply go to the local RSPCA and get yourself a couple of beautiful kittens that you will soon fall in love with and will probably be much healthier – and also you have done less to stimulate the pet farm industry.

 

Anyway start off by reading up the information that we have on this site about small claims in the County Court. We have lots of material here.

 

Also read up on our customer services guide – in case you get involved in any phone conversations with this breeder. In fact you should implement the advice in the customer services guide when you're dealing with any company.

 

I notice that you still haven't identified the breeder. Are you trying to protect them?

 

Please will you let us know what you said in your most recent letter before action. Also when did you send it and when did the deadline expire?

 

Are you sure you know where the breeder is? Because once you sue them and assuming you win – which you most likely will, you will then need to enforce the action. If they suddenly disappear then you will be left empty-handed and it might be better not wasting the money on starting.

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i sent the letters to give her a chance to refund me the first was the reaon daisy died and then the 2nd was a letter before action which i gave her 28 days to respond but had no reply and that letter went missing in the post so i resent the copy which someone at her bed and breakfast she runs signed for it on the 20th december

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Delight Persians

Dullan Brae House

53 Fife Street

Dufftown

MORAY

AB55 4AP

 

Use our contact form or simply call us on:

 

Tel: 01340 821525

Mobile: 0781 889 2091

News

Delight Persians are no longer breeding but have two kittens available

December 2015

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No, it won't ruin your court case. If it had any impact on your court case I wouldn't be asking for this information and publishing it.

 

However, if this breeder happens to come across this post then it might exercise her mind a little and make I think twice about how she's handling you and also about her whole attitude to trafficking in animals. Do I sound like an animal activist? No I'm not at all but I have to say that I don't like this kind of thing very much. I don't think animals are baubles.

 

Whoops, one thing which has occurred to me is are you in Scotland as well?

 

This could complicate matters just a little. Please let us know

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So you are in England and she is in Scotland.

 

I'm suddenly on shaky ground here and I'll have to go and ask the rest of the site team if somebody's got some quick answers.

 

To my shame, I should know this

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Can you tell us a bit about how the contract was made. Did you go to Scotland to collect the animal or was it sent down to you?

 

Is that because you are the consumer you can probably sue in England and especially if the contract was concluded in England then you can almost definitely suing England. However, we need to be sure.

 

You should also follow the links provided to you by site team: andyorch and see if that helps as well.

 

However, can you please tell us a bit more about how the transaction worked

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Please will you tell us about the transaction. Then we will be in a better position to help you.

 

You won't have to go to Scotland to file the claim. You'll be able to do that by post from wherever you are. On the other hand, it is possible that if it has to be heard in the Scottish court that you would then have to go to Scotland for the hearing.

 

You will have to make up your mind whether or not the money involved is worth it for you decide that you prefer to take the hit.

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Okay crossed post.

 

So the transaction was carried out in Scotland. You paid for the kitten there and you received it there.

 

I think you may find that you will need to sue in the Scottish courts but we will get back to you.

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You can issue the claim online using MCOL...you must also submit the following...

 

https://www.moneyclaimsuk.co.uk/PDFForms/N510.pdf

 

Chances are that they wont defend and there would be no need for any hearings in Scotland.

 

Andy

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OMG AM SO ANGRY SHES DOING A RUNNER :( well it look aso im waste my time really ....i could cry

 

Shes not sold yet.....and if she does it would be easy to locate her:wink:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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