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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.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
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splodge19

Can I get my deposit back? Wedding Disaster !!

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I booked our wedding the end of 2010. We booked it for August 2012 and we were having the reception at a hotel and paid a £600 deposit.

 

In Feb this year, I was made redundant, which meant I also lost a good wage. I found a new job, but the money isn't great, so we thought long and hard and decided to cancel the wedding reception at the hotel because there was just no way we could afford it. I wrote a letter on the 18th May 2011 to cancel the wedding, and I did try and appeal to the general manager's better nature for our £600 deposit back but received a letter back saying that we can only get it back if they resell the room. (Unfortunately, I think I've thrown the letter away by accident :-()

 

I hadn't heard anything since and wondered whether they would actually tell us if they had resold the room, so I called them today to make a pretend booking. I was told that the room was already booked and thought "great we can get deposit back", but it would appear it's our booking that they haven't cancelled out of the diary from 5 months ago!

 

Do you think we will be able to get our deposit back as they couldn't have rebooked the room because it wasn't even cancelled. The lady I spoke to who is the wedding co-ordinator had no record of cancellation! The conversation ended with her saying she would have a word with the general manager.

 

I hope we can! Any advice would be great.

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Hi Splodge,

 

Interesting post. It's a shame you don't have that letter from the manager. I would like to ask the rest of the forum if this comes under 'Freedom of Information' or if an 'SAR' is needed to get the hotel to prove the wedding was cancelled ??

 

Lex


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Hi Lex

 

I've looked everywhere, but can't find the letter :mad2: I'm so annoyed with myself.

 

I've found the original contract that we had with them, but we never signed it or sent it back to them. I don't know if this would make any difference?

 

We were willing to accept that we may have lost our deposit, even though we really could do with it! But now we know that we cancelled 5 months ago but the booking is still there in the diary, we wonder whether anyone may have tried to book :???:

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wow edited in the time i took to report it!


Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Does anyone think that I can get my deposit back? Should I call them tomorrow and see what they say?

 

Thanks

Splodge

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Please post the terms and conditions, or name the hotel and their website so we can check them out. There is no straightforward answer without those.

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PS: Mr Lex, it's always a SAR if it's a private company, FOI only applies to certain info on certain public info domains. (NHS, local authority etc... and even some of those would still come under SAR rather than FOI)

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{I've found the original contract that we had with them, but we never signed it or sent it back to them. I don't know if this would make any difference?}

 

I would've thought this makes all the difference in the world, no signed contract, no booking!

 

Have you still got the receipt for the deposit?


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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Correct, CG, that's another reason I wanted to see the actual booking forms, in preference to the hotel website.

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Hi, the terms and conditions on cancellation are:

 

Cancellation

a) In the event of cancellation we regret that the initial booking deposit can only be refunded if the room is resold for a similar event.

 

If the event is still in the diary after 5 months of cancelling in writing then the room can't be resold? I do have the receipt for the deposit.

 

The hotel website is www.stonemanorhotel.co.uk

 

I've spoken to consumer direct, but they don't think that any of the above makes a difference. They said I should write to the hotel asking them to justify why they still have our booking in their diary when we had cancelled it and to send it recorded delivery?

 

Thanks

Splodge

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It's certainly a good starting point, yes. They have a duty to mitigate their loss and by keeping the booking on their books, they are not doing that.

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Hi,

 

I am pleased to say that after sending a letter to them recorded delivery, I have today received a letter from them saying that they have resold the room and our full deposit will follow!

 

Thank you for your help.

 

Splodge

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Well done you and the people who have helped you. I'm pleased for you.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Nice one Spoldge, very well done !!!

 

Lex


Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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There was a very happy splodge this morning! :-D

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