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  1. Yes I'm glad it's over. It would have cost her Thousands to take it to a trial...which I didn't know it could/would get that far... I think in all.. this is a lesson for everyone. The preliminary hearing is not the end of that matter.. there is those of us like myself have no knowledge of the term. And the stages to follow. So it's always best at this stage to consider your options. I could have been really unkind and said I didn't want to mediate or make a offer and let this case((if she could afford it)) take me to court which will cost her thousands...if I win it would cost me nothing...if I lost it would cost me the claim she was after which was a mearly £800 I don't feel I won or lost. I feel I did the right thing and gave the money back for the kitten her husband paid for and some extra towards the vet bill...........if she /he would have contacted me prior all this.............I would have done the same. It was only at the court date that I found out the kitten died of a virus..Bless her little kitten sole
  2. attended court today. This is the preliminary hearing... the hearing before a trial. Firstly.Mrs xxx who filed this case was the wrong person doing so...which at the preliminary hearing is not a problem...as the correct paper work get sorted after for the trial date. In jest Mrs xxx said the kitten died of a virus.. This is what the vet had said. No paper work was submitted to the courts yet as this is the preliminary hearing. all paper work will me submitted before the trail date. The judge was not interested in any paper work as he was simply telling the opposite side what they need to do to PROVE I am responsible for the kittens death. A kitten dying of a virus is not MY responsibility. ...its just one of those things with animals. So the OP would need extensive paper work from vets and so forth to prove I was responsible by neglect.. The judge said at this point "I can't see how you will obtain that when the vet said it died of a virus". If on this basis the OP wants to take it to trail. It would cost them thousands. And all I would pay is the £800 or so that they are claiming for. He told us both to go out and discuss if we could settle so it doesn't go this far. I was happy to do so. I agreed to pay them for the kitten back and £100 towards their vet bill. she snatched my hand off at this.... as what the judge had said...it would be hard to prove the I was responsible for the kitten dying So case closed.
  3. Evening all. I phoned the court and no paper work relating to this case has been submitted.. So if they try to submit t at the time of the hearing should I request the judge to disregard it. I'm going through a check list for my self. Am I to say that the wife is a stranger in this matter and is not a third party. Mr XXX took legal possession of the kitten after insisting on taking it. He also failed to take out at the time the free pet insurance. He simply rushed the kitten into his basket and left the money on the side of cause what ever happens I will post it on here court time 2pm.
  4. Greeting all.. My court date is on the 17th of Feb.. no paper work of evidence has been sent to me...Should I be expecting anything. How do I start this when I go to court
  5. Surly in these type of cases a Judge isn't going to do an adjournment .... well lets see what awaits for me.
  6. Thank you for this information The Mould. I've no idea what's going to happen. I'm now awaiting a court day. I've had no paper work from them from the vet....or witness statement... If I don't see this before a court date and they produce it. how do I go against this.
  7. Greeting all. Just letting you know I'm awating a court date now. I will be back with any information as I get it. Thanks for you help.
  8. Hi.. I missed your reply.(( steampowered)) I had already sent the second draft via email. But I assume If it's going to court I will be able to say what he said then. I received today a form for mediation. I take it this is send automatically as It was sent the same day I emailed my defence. Any advice or suggestions to wether to accept medication or if I refuse will this pay a part against me if it goes to court. I'm not to brave I may faint in court.
  9. Am I right not to use the sales of goods act.... as I am not a breeder. this was a private sale.
  10. 1. It is admitted that the Claimant's husband purchased a kitten from myself on 20 March 2013. The contract of sale was between the Claimant's husband and the Defendant, and did not involve the Claimant. The claimant had not attended the viewing of the kitten before purchase or on the day of purchase. 2. It is admitted that the Claimant's husband viewed the kitten on 13 March 2013 and paid a deposit. At this time the Claimant's husband made a full inspection of the kitten. The Claimant's husband Phoned on the morning of collection on the 20/03/2013 to arrange a time to collect, I advise the claimant's husband that the kitten appeared miserable. Assuming it was due to the rest of her siblings going a week before. The claimant's husband made another inspection of the kitten when he collected the kitten on 20 March 2013. I offered a refund of the deposit paid but the claimant's husband insisted on taking the kitten. He watched her eat and drink and the claimant's husband picked up the kitten and was happy with her. Throughout the time the kitten was in my control the kitten was in good health. I the Defendant did not make any representations or guarantees regarding the kitten's future health. The kitten was in full compliance with the contract of sale on 20 March 2013. 3. The Defendant has no knowledge of the events following sale of the kitten on the morning of 20 March and the Claimant is put to proof of the same. 4. It is denied that the kitten was too young to be taken from its mother. The kitten was 9 weeks old on 20 March 2013. While there is always a risk involved when one is dealing with live animals, it is common for kittens to be removed from their mother at that age. 5. Alternatively, the Claimant's husband voluntarily assumed the risk of removing the kitten from its mother at 9 weeks and/or is guilty of contributory negligence. When the Claimant's husband collected the kitten, he was clearly again advised that the animal to be sold was seen to be unhappy. I advised that I would rather the animal remained in my care for another few days. Notwithstanding this advice, the Claimant's husband insisted on taking the kitten home, stating that the kitten was a birthday present for his wife and he was not going to wait another week. It would not have been a problem for the myself to keep the kitten with its mother for an additional period of time. 6. Alternatively, the Claimant's contributory negligence affected the outcome. The Claimant states that she is very experienced with kittens. If the kitten became distressed due to being removed from its mother, then the Claimant should have returned the kitten, or made some kind of attempt to contact me I would have been happy to keep the kitten with its mother for a short additional period of time. 7. The Particulars of Claim does not state a clear cause of action. It is denied that the Defendant is liable to the Claimant, whether as set out in the Particulars of Claim or at all.
  11. Ok I will try and square it up.. I have been truthful in that statement.
  12. Ok. Hopefully he will come on today and tweek it for me. I did offer the free pet insurance . in all the cases it was taken.. So I shouldn't say what he said. But isn't that what he's going to do HE said SHE said. Thanks tho much appreciated.
  13. I've JUST COME ACROSS THIS the sales of goods act refers to breeders. I just had 1 litter from my cat. which now is neutered. Buyer Beware! By Chris Fairfax, Legal Director of independent UK Pet Insurance providers, Animal Friends Insurance. If you buy a fridge or a car for example, from a shop or a dealer, you have certain rights. One set of rights are those set out in any written contract you receive. But there s another set under the Sale of Goods Act 1979. The two major rights are that the goods you buy must be of satisfactory quality and they must be fit for the purpose . (Section 14). They are rights that a dealer cannot contract out of so remember that next time a dealer tries to tell you a fault falls outside a contractual warranty! Since cats are regarded by the law as property, they fall within the Sale of Goods legislation too. This only protects a buyer who has bought goods from someone who was acting in the course of business . It does not apply where you buy a car from a private individual or a kitten from Auntie Maud. In those cases the good old caveat emptor rule applies ( let the buyer beware ). But where you buy a kitten from someone who the law says is acting in the course of business", ie a breeder, the 1979 Act comes into play. I am sure there are many instances though where someone breeds and sells kittens or puppies but does not for a minute think they are acting in the course of business. And yet if a dispute over a pet sale went to court, the law would decide the issue. A judge would look at all the circumstances, including the frequency of sales, what advertising was undertaken, whether accounts were kept, how much was made, how much was spent and so on. He may then decide that the breeder was acting in the course of business , giving the buyer Sale of Goods Act remedies and probably giving the breeder an uncomfortable time with the Inland Revenue too! If you buy a kittenfrom someone who is not a regular breeder, and it subsequently suffers from a disease or, worse, dies from a problem which can be traced back to the them, then you have no comeback under the 1979 Act. However, the seller cannot actively misrepresent the fact that a kitten is fit and well if they know, or ought to have known, otherwise. If you go to a breeder who is, knowingly or otherwise, acting in the course of business and your kitten experiences the problems mentioned above then, under section 14 of the 1979 Act, you could recover the cost of the kitten and/or any other losses you and the breeder could have reasonably expected (vets fees, travel costs etc). If the kitten had been bought for showing or breeding, then other losses may come into play, but only if it could be said the breeder knew (or ought to have known) this purpose at the time of sale. For peace of mind it would be wise to set up a private written contract between yourself and the breeder. A contract can be verbal, but the problem with this is proof. If a dispute occurs it becomes a "who said what to whom" argument which could be a complete nightmare! A written contract would describe the kitten, the price agreed and any special conditions agreed between the parties. The contract could also include warranties (for example pedigree lineage, freedom from hereditary defect or major illnesses).
  14. i'VE NOT ACTUALLY SENT IT YET AS NOW I'VE LOCKED MYSELF OUT OF THE GATEWAY THINGY. SO iIHAVE TO NOW EMAIL MY RESPONCE. This is my defence. I Miss XXXXX am the defendant of the claim in this action and make the following statement as my defence to the claim made by Mrs XXXXX Except where otherwise mentioned in this defence, I neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof. The sale was not made with the claimant name above, but with the claimant's husband, Mr XXXXX As the claimant or her husband did not enter into any verbal contract with myself, the claim is denied absolutely. At the initial point of sale whereby a deposit was paid by the claimant's husband (dates are unconfirmed.) This was because the kitten was kept for another week as Mr XXXXwas going on holiday as I remember. The kitten was 8 weeks old then. Mr XXXX viewed the kitten and watched it with its siblings and mentioned that the kitten in question was in fact some what smaller than it's siblings. I did mention that mum cat had stopped feeding them at 5 wks of age and I had to take over the feeding. Mr XXXX was happy and watched the litter play with one another and saw the kitten he was interested in, feeding and drinking. Mr XXXX stayed approximately 1 hr. I mentioned that 1 months free pet insurance would have to be registered before taking the kitten when he collects the kitten. He agreed this and said when he collects he would do this. (the deposit was paid to secure the animal as a pet for the claimant). The animal in question was in healthy condition and was viewed to be in accordance of the Sale of Goods Act 1979, specifically in regards to sections 13.1 and 14.2. The claimant phoned me in the morning to confirm collection. I told Mr XXXX that the kittens seemed unhappy as she is now alone with out the others. Mr XXXX replied saying " aww she will be ok" The claimant's husband then came to my home ,NOT with the claimant to collect the animal and pay the rest of the balance owed . I again advised that the animal to be sold was seen to be unhappy. I advised that I would rather the animal remained in my care for another few days. Notwithstanding this advice, the Claimant's husband insisted on taking the kitten home. The kitten became unhappy when the rest of her siblings had found homes. It is denied that the kitten was too young to be taken from its mother. The kitten then was 9 weeks old. As I got homes for the other kittens at 8 weeks old. It is common for kittens to be removed from their mother at that age as a private sale. When I offered to refund the deposit already paid, the claimant's husband refused and became aggressive towards me telling me "I'm not waiting any longer, she only look miserable, this kitten is for a surprise for my wife, we've had kittens before we know what we are doing." I was a bit taken aback as I was on my own with my 3 yr old. I was not willing to challenge him as he seemed certain to take it. It had to be this one because is was pure grey. Mr XXXXX watched her go to her food bowl and eat then walk back to her bed. Mr XXXX picked up the kitten and stroked her. I said again, " No I'd rather you come back in a few days or I will give you your deposit back . Again he said "NO" Subsequently Mr XXXX left the remaining balance on the kitchen side and placed the kitten in his basket as he walked out and left the premises with the animal now in his possession. It is advised that at this time the animal was still in healthy condition, however was seen to be affected by its separation from its litter . Mr XXXXX did not fill out the free pet insurance as offered. The Particulars of Claim does not state a clear cause of action. It is denied that the Defendant is liable to the Claimant, whether as set out in the Particulars of Claim or at all. Mr or Mrs XXXXX had not made any contact that night stressing any concerns as one would have expected to do so as with their experience I would have expected . Mr XXXXtook responsibility when walking away with the kitten and going against my wishes.
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