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Ive been sold an ill puppy..


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I bought a yorkie puppy off epupz at the beginning of october, the breeder seemed very genuine, we had lots of phone conversations etc.. anyway, she delivered the pup to my house along with some other bits for the pup including pedigree papers. When i got the pup it had already had its first vaccination and been checked over by a vet, when i took the pup to have its 2nd vaccination on 28th october my vet told me my pup has a level 3 heart murmur which should of been picked up by the vet when giving the first vaccination. I had another appointment to go back today and the vet has said the murmur is still present and hasnt improved, i have been referred to a cardiologist for tests/scans to determine the exact cause. My pup was born with this problem and the murmur is pretty loud at a level 3 out of 6, is there anything i can do about being sold this puppy? i have been in touch with the breeder who said the other pups are fine but said any pup could become ill at anytime?!(way of getting out of it i think), my vet agreed my pup could be a one off in the litter, but it should of been picked up if it had been taken to the vets, the breeder told me the vet had said it was fine and able to go to a new home, sorry to go on,but i am really annoyed!.. any suggestions?

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I was sad to read your story.

 

Did you purchase insurance? Clearly there are going to be some big vet bills, I have an old Labrador and have spent £3,000 on his operations in the last 2 years. You may have a case against the first vet or the breeder but I would suspect that this illness is not that easy to diagnose and is hereditary - the other pups are probably fine.

 

You may be able to go through the RSPCA who have their own vets or contact your local vet training college who may help.

 

I wish you well and hope the puppy recovers.

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I did thankfully take out insurance straight away but am not sure i will be covered for everything, i paid £500 for my pup and i think if the breeder was respectable they would offer to pay at least half back as you dont expect your pup to be ill the moment you get it.

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I'm sorry to hear that your pup is unwell. I think the breeder could, as a gesture of goodwill, refund some of the money but you have no proof that the breeder was aware of the problem when the puppy went for it's first vaccinations. Unless you can prove that then I don't think you will have a case.

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I have got a vaccination card which was supplied to the breeder when the first vaccination was given, the vet has signed it and the name and address of the breeder and the vet is included.

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I have decided to confront the vet who did the vaccination and ask if the heart murmur was detected, i tried to call but they were closed until monday, i shall call again then, i dont know if they will tell me anything because of confidentiality but it is my dog now so im not sure, i will find out monday....

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I think that's a good idea kitty. When buying a puppy you should always go to the place the puppy is from and see the mother, if not both parents. It's 9 years since I bought a dog, and TBH I was shocked that puppies are sold on the internet (not quite sure why).

 

I've had a quick look at the site and the owners appear genuine as they are clearly concerned about puppy farms, which is where many poorly cared for puppies come from.

 

I would suggest that you let epupz know your problem too and let them investigate it. They may prefer not to have ill puppies sold on using their site and prevent others falling victim to this breeder, who if she truly cared about the puppy, her customers and reputation, would be willing to try and reach a compromise.

 

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First time i went to the vets and found out my pup had the heart murmur i emailed the breeder and she told me to let her know how things went with my follow up appointment, so after going to the vets on friday i sent her an email but as of yet she hasnt replied, she is usually pretty quick at responding to emails which makes me think she is now avoiding me.. she might just be busy, time will tell....

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I called the vet where my pup had her first vaccination, but they said there is nothing in the notes saying any of the pups had a heart murmur, i feel the vet obviously wasnt very good as my vet detected it straight away, the cardiologist my pup needs to see is going to cost £250 - £300, so ive decided to ask the breeder for some of my money back as treatment is going to cost me a fortune, is there anything else i can do? Can i file any kind of claim against the breeder? any advice welcome, thanx

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Should i issue a LBA and can i take this to a small claims court??

The vaccination card states my pup was given a full health check, which it obviously wasnt.........

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I wonder if you could get your vet to contact the one who signed to say that, or could at least advise you of any actions you can take to get the matter investigated by some kind of professional body.

 

Having said that, I'd really like to see the breeder take this up on your behalf so how about putting that to her.

 

What you really need to consider is, are you prepared to keep the puppy and pay for the bills which are coming your way, or would you prefer the breeder to take it back and give you a full refund, or a healthy pup. Personally I'd go elsewhere for another pup though if I went down that route.

 

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This is the email i have just sent to the breeder.....

 

 

Hi......

Im disappointed you havent replied to my last email about Phoebe, I have called the vet that did Phoebes first vaccination who has confirmed to me that no murmur was detected in any of the pups. I think you need to contact the vet yourself and question why the heart murmur wasnt detected when Phoebe was born with it and the vaccination card states she was given a full health check, which she clearly wasnt. My vet detected the murmur instantly and expressed that it is not something that could be 'missed'. In the meantime i think it is only right that you should refund me my £500, as i bought the pup with the knowledge it had been given a full health check and had no existing medical problems, this is not the case and now i have a long road ahead of me in treating and caring for Phoebe, the cardiologist appointment will cost £250 - £350 alone without treatment, medication or operations.

You can refund me via paypal to...............

If i dont receive any correspondance from you within 48 hours, i am left with no alternative but to file a claim against you, i have a receipt stating the amount i paid and the pup was vaccinated with a full health check, i also have your phone number and postal address so i will be able to send correspondance to you.

I really hope this can be resolved amiccably, i could of bought a yorkie puppy locally for a lot less than £500 but considered you to be a genuine, repitable breeder who had the welfare of their puppies as a priority.

 

 

 

Regards

 

Mrs................

 

 

 

I am prepared to pay for the vet bills for the pup as i feel i owe her that much, but i think its only right i should be refunded the money i paid as i was sold her under false pretenses.

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I see your point, but looking at it from the breeders point of view, if you want your money back she will probably want the puppy back. I think you should be prepared to compromise.

 

I wonder if the Kennel Club might be able to give you some advice.

 

Health and DNA issues - The Kennel Club

 

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To be honest, if she wants the puppy back, i am quite prepared to give her back, i dont see why she should want the puppy back though, no-one in their right mind would want to pay for a pup with medical problems and the breeder already said she was too busy to keep one of the pups. Thanx for your advice, i will look into the kennel club and im also going to do some other research on the net to see what i can find.

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I do see your point, but if you bought faulty goods from a shop you wouldn't expect a full refund and to keep the goods. I'm just playing devil's advocate. If she gave you a refund and had the pup back, she might have the chance to deal with the vet and let him deal with his negligence, although evidence so far suggests that she isn't that concerned about her dogs or customers.

 

I'll see if someone can advise on the Sale of Goods Act, and where you stand legally.

 

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Thanx

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Just found this on a small claims specialist website....

 

    • Sale of Mongrel Puppy by Pedigree Dog Breeder

    ist2_774297_dog.jpg

     

    Joanne bought an 8 week old apricot poodle puppy called Ruby, from a dog breeder who had advertised pedigree puppies in the local paper. The dog cost £700 and the breeder assured Joanne that Ruby was of first class stock.

     

    When Joanne first visited Ruby, the puppy was with her proud Mother, Lucy, who was clearly a poodle. Her father was not to be seen.

     

    Over the next 12 months or so, Joanne was totally smitten by Ruby but came to realise that Ruby did in fact more than resemble a Jack Russell. She certainly was a strange looking poodle! Ruby was not after all a pedigree poodle with a possible career in the show ring but instead, a loveable mongrel!

     

    Joanne had tried to deal with the breeder herself. She requested a full refund for the cost of Ruby. £700 would after all buy many tins of dog food! Whilst she would not have changed Ruby for the world, in monetary terms Ruby’s value was virtually non-existent!

     

    The breeder disputed the claim contending that Joanne had purchased a fine healthy dog and that was that. She got what she paid for!

     

    Vennture Law were soon contacted by Joanne and we happily took on the case for her.

     

    We pointed out to the breeder that animals, livestock and domestic pets alike, are subject to the Sale of Goods Act 1979. The part which applies to private traders is that the goods must match their description – which clearly in this case, they did not!

     

    After a short period of correspondence with the dog breeder, a full refund of £700 followed. Joanne was delighted with the compensation but still in love with Ruby!

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Well your dog is presumably the correct breed, but was she of saleable quality? Good find Kitty.

 

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Thought i would go through the emails the breeder sent me before i got the pup and clicked on the link for epupz relating to the ad, and it appears the breeder still has 1 female pup left, it showed a picture and the pup is twice the size of mine which proves her growth is being stunted because of the murmur. I have responded to it using a different email to see how quickly i get a reply, this will show if she is ignoring me.

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Breeder has just sent this.........

 

Hello Louise.

I have been waiting for the Pet Vaccination clinic to call me back and i have been looking into the ins and outs of this and where everyone stands,as this has nothing to do with me now,it is in the hands of the Pet Vaccination Clinic,yourself and your vet.

The pup was sold in well health and with vaccinations for an amount you agreed to pay.

I am not a breeder either.

I am sorry for you about Phoebe but will not be repaying any monies as when i had her checked (and we both have the proof) at the time she was documented as being well.

As to whether this is true or not the dispute is between your vet and their vet.

The clinic have informed me that you need to put in writing to them your complaint.

A letter/statement from your vet stating that (as he or she put it)"this could not have been missed "may be required at some point.

This is a matter for you and the vaccination clinic as they are the ones that you and your vet are doubting.

I have done nothing wrong and i have tried to help best i can.

I really do hope you find a resolve in this.

Please send any of your correspondance to the below address ensuring you send them your return address and details(I have not forwarded all of your details to them).

Pet Vaccination Clinic

Head Office

Unit 2

Rumbush Farm

Solihull

Birmingham

B94 7LW

 

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So she isn't the breeder eh. So why was she selling a puppy and continuing to do so? I smell a puppy farm.

 

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I think she means she has occasional litters and doesnt breed all the time...

what can i say in reply???

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If you feel you need to reply further just say that you are looking into your rights regarding this issue, and will be in touch.

 

What's Best for You?

 

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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From what i have read the sale of goods act only applies if the person selling the puppies is a breeder, the person i bought mine from states that she is not a breeder, but i have read that depending upon the money she made, the money she spent, the way the were advertised etc.. this is how a court would determine wether to class her as a breeder or not.

A bit stuck here guys... anyone got some info on this?? :???:

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