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sparkeyrjp

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sparkeyrjp last won the day on August 11 2017

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  1. Donation made Now on to my ongoing tussle with BT/Lowell , read elsewhere Rod
  2. Matter resolved !! I finally received a response to my email sent to the kennel 28th November . In that mail I had pointed out that their T&Cs are over ruled by CRA , and it was on that basis I would be proceeding , they had previously written that they had legal liability insurance , and were happy to defend , I suggested they contact their advisors to explain CRA . My guess is that they did and were advised to settle which they have done . It was only due to their lack of response that I came here for advice on how to proceed . And I am grateful for your time spent in considering the problem and advice given. They are settling on the remaining half of the fees ( remember the insurance co have already paid me half of the fees ) I am contented to accept this , even though they still end up with a healthy profit on the transaction , there was always a chance I might not be successful in court .and end up with egg on my face . With the insurance pay out I now have no financial loss . I know this will not be entirely satisfactory from your point of view. But for me …….. If anyone asks me to recommend a kennel , I know one I will not recommend
  3. Sorry , just meant as a formal letter with my address , and addressing the owner by name and business name and address
  4. Thank you , will get it on headed notepaper and send signed for .
  5. Thank you Although I am sure their fall back will still be T&Cs.
  6. First draft "In order to lay this matter to rest , I ask you to account in detail why you consider you are entitled to retain the full amount of fees, and if this fully reflects your administration losses by refusing to accept out dog .If this retention of fees reflect your costs , please supply a breakdown of those costs. Also evidence you were not able to fill the vacated place . To be clear , do not refer back to your terms and conditions , I have explained previously that Consumer Rights Act ,Part 2 Unfair Terms over rules them . I await your considered reply within 14 days . If I receive no reply or unsatisfactory reply . My next communication will be a letter before action , followed by action in the County Court ."
  7. Thank you very much for your reply , and recommendations. I will start composing and refining a draft letter , and get back with it for your comments . It will take a day or so , in order I can write , think and refine .
  8. I will try to break down the answers to individual points Thanks for taking the time to offer considered replies RE admin fee offer I addressed this in post no 4, and was questioned as why I was offering , confused ! But I can revisit that with an offer , Not sent a LBA or formal letter as opposed to email as yet , which I can do I have addressed the question of their losses in a roundabout way , they bleat on about it being , unfair that they kept a booking open for me , and would lose money by refunding me Yet in another message they tell me they had to turn down many requests for bookings , to which I have suggested they would have to prove they were not able to fill the vacant place at short notice ,so having minimal losses . I have covered losses indirectly .I will though ask directly for them to quantify their losses in this specific instance . My daughter moving back home incurred us or her no additional expenditure ,in fact for her , she would have had less outlay , think “bank of mum and dad “ With regard to claiming the whole amount , I take it I should address this in any CC action, then indicating I will be refunding the insurance company , as the kennel are already aware the insurance company have settled on half of the amount in question
  9. The total amount was around £450 and I paid in full I think you asking what we did with the dog , we are lucky to have a daughter ( a single mum with son )who jumped in to help straight away . She moved back home with our grandson and dog sat
  10. Understood , so my next step is to consider LBA , then MCOL . Apart from court fees , it looks like , if I loose , I could be stung for defendants expenses . So I have to be 100% sure of success , and it is looking like my success is hanging on the whim of a judge . And me being accurate with the relevant sections. , which should be this , Which I have now read through . Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 ,paragraphs 61/76 excluding para 75. I assume my claim would be phrased thus "Return of half of monies paid for Kennel boarding fees ,in contravention of Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 when defendant refused to accept dog due to suspected illness , half claimed as half settled by insurance "
  11. I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
  12. It seems now the kennel thinks by ignoring me I will go away . In my last email to I pointed out to them that their T&Cs were not in accordance with Consumer Rights , so in effect gave them a last chance , which has been ignored . Next step is LBA I have read the link regarding the regulations but would appreciate being pointed to the specific section , in order to progress to MCOL (registered user )to submit a claim . Thanks for help so far “cheque in post” PS vet will not get involved
  13. I Know I will get flamed for this , but for once time only I am with MET . The so called “graffiti” is there to help people , Parent and child bays , Disabled bays , and electric charge point bays are all there for a reason , just suppose you had an electric car and it was in need of charging ,had children in the car and need extra space to get them out ,had a disabled passenger who needs extra space . how would you feel if the bay was obstructed . I have no doubt the experts here will guide you to having the parking charge cancelled . But morally ………..
  14. Thanks for advice . I will follow up and come back . I had not witheld the kennel name , Did not think it relevent Bed and Biscuits , Swanley Kent
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