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    • Hi all, Unfortunately, I'm having a difficult time having recently bought a puppy with a pre-exisiting condition that I was unaware of. I found this forum after doing some research online and the feedback was really well-informed. I'd be really grateful for any advice from legal minds :)   My story (I've tried to keep it concise for clarity): I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business. Our puppy was sold as having passed a full health check from Vets4Pets. Our puppy was £1,200. Two weeks after picking him up, I took him to the vets for his second vaccinations and a health check. At that point the vet diagnosed him with a "lingually displaced canine." This means that one of his lower canines is displaced and pressing into the roof of his mouth. Our puppy would have had his full set of puppy teeth by 6 weeks,  and his first health check was at 8 weeks. Therefore, this condition was either missed from his first health check, or ignored by the breeder. Either way, the condition was certainly present before we took ownership. It's a hereditary condition. I've had three quotes from different vets for removing the tooth which range from £350 from Vets4Pets to £1000-£2000 for a dental vet specialist. The hope is that, if the puppy tooth is removed early, the adult tooth will grow in normally. If it doesn't, however, the costs could be around £2,000 for treatment on his adult canine. I've given the breeder the time he asked for to consider his options. His final offer was a full refund if we return our puppy. This isn't something we want to do as we are already so attached to him. Legally, it would also create us significant inconvenience, as a replacement isn't forthcoming - or even possible. He has refused to contribute to the cost of treatment, admit any kind of liability, or give us a partial refund and allow us to keep our puppy.   From what I've read, tier two of the Consumer Rights Act 2015 may apply - and we could argue that a the return and refund offered would cause us 'significant inconvenience' and that the puppy was misrepresnted as healthy, and therefore a partial refund is in order. Again, any advice on whether I may have a case, if I take it to the small claims court, would be really appreciated.   Thanks so much.  
    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
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Rashley

Lowering Wage

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Hi Guys,

 

Posted this on a different forum and someone suggested this may be a better place. Worth a try.

 

"

Hi GUys,

 

Not sure I'm in the right place but here goes. Last year, I was made
redundant
link3.gif
and spent 6 months out of work.

 

I found a job, which I have been doing now for two months. The salary is hugh enough to take me out of any form of benefit.

 

I have now been offered another job. The salary is MUCH lower and would put me back into the WTC, HB, CTB bracket. However, it is something I would prefer to do, much closer to home (as in five minutes away, rather than two hours each way), and would make my family life VERY VERY VERY much easier. (I have four kids, one with night terrors that have been going on for three months. This means getting up 4 or 5 times a night. Believe me, you have no idea.....

 

Two questions;

Ignoring morals, how would the 'authorities' view my decision to lower my wage through choice ? Would there be a problem with claiming these benefits ?

 

What would you do ? Happy family life with not much money or NO family life with a little bit more money.

 

By the way, I haven't just had enough of work. I have no intention of sitting at home. This would just make our life so much easier for the next six months or so, until all the kids are at school/nursery, and (hopefully) the night terrors have sorted themselves out. After that, back to the Rat Race.

 

Thanks.

 

Rashley"

 

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I would definitely put my family first and take the new job, although the wages are lower you are trying your best and a few months down the line if you stay where you are, you could easily crack up with the stress of travelling two hours each way and dealing with a distraught child and juggling family responsibilities.

 

Your health is your wealth.

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Thanks for that. ANy idea what 'Big Brothers' view would be though ? I would be voluntarily lowering my wage and relying on Working Tax Credits, Housing Benefit and Council Tax Benefit.

 

Would I be eligible in these circumstances ?

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Sorry, Im no expert in that department -Im not sure how they would respond.

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I'm not too sure you even need to go into explanations when you put in a claim for housing benefit. As long as you provide all the right details, & you qualify based on your income, josb done.

Just bear in mind once you're on the benefit wheel, you cant do any over time without telling them, if you get a bonus they need to know. Anything that varies they need to know.

As long as you're on the ball, all should be fine. I personally found it too complex, restricting & worrying to work & claim benefits too, but only you know your own circumstances & need to do what's best for you x

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You are not really lowering your wage through choice because family circumstances are beyond your control.

 

I cant imagine the stress of not getting much sleep then travelling two hours to do your job, You must be exhausted. You will eventually 'burn out; as you are only human. I agree if you explain your circumstances and your income is not sufficient, you must be able to claim.

 

The only thing I think you night have trouble with is that you chose to leave your job and Im not sure if there is a time delay between this and claiming benefits.

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Thanks guys,

 

Actually, I would be changing jobs rather than voluntarily making myself unemployed. I was hoping that this would make a difference and mean no time lapse before benefits kicked in.

 

Any Thoughts on that ?

 

Rashley

Edited by Rashley
Addition

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Any thoughts on the above posting ?

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Times may have changed, but 16 years ago my partner & I left our full time jobs where we both worked together, our first baby was due 4 weeks later. Partner started work for the NHS, at the time it was only 25 hours a week. I was on maternity leave. We had made sure beforehand by ringing the benfits dept what we would get. And we got it.

So unless it's changed, I cant see them even questioning it. I assume like us you weren't claiming it beforehand?

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No, we're not getting anything at the moment. Just feel like my family has to come first. At least for the next six months or so anyway. I'll still be working, just less money for better hours

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I've not come across anything that says you can't claim those benefits if you change your job and receive a lower wage. After all, how do they prove that the reason for changing jobs was to get more benefits? There are many reasons why people change jobs.

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No, we're not getting anything at the moment. Just feel like my family has to come first. At least for the next six months or so anyway. I'll still be working, just less money for better hours

 

Yes, same here. Less hours & money. But he had only worked in the one place since leaving school, & we had worked together for 6 years, he hated the thought of working there after I left :oops:

He went to work for the NHS part time, but these days he does the job full time, just at the time he wanted to be a more active father, & benefits helped that happen.

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I don't know of any regualtions statimg that you would be refused tax credits purely because you took a job that fits in with your family life more. With a family you have to have a good home/work life balance or things suffer.

If you are offered the job and it's best for you then go for it!

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As far as i'm aware you can't be penalised for finding a lower paid job that's less stressful and I don't think the forms you have to fill will even ask why

you have a different income as people's circumstances change all the time .

Go for the new job and be happy!


I QUESTION THEREFORE I AM!! [sIGPIC][/sIGPIC]

 

Unfortunately i'm not an expert in any given field legally and my advice and that of the Consumer Action Group and the Bank Action Group is given without prejudice and without liability so please if in any doubt whatsoever seek help from an insured qualified professional. Contents of my posts are purely my own personal opinions and not condoned or endorsed in any way, shape or form by CAG. Thank you! :p

 

 

I have been smoke-free for 4yrs

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