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    • That should nail the setaside, and see OBS off with other factors tha can be added if they try again.
    • 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  
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      I was in Sainsbury’s today and did scan and shop.
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SOD'EM

5 Deadly Words Used By Women (and their real meaning).

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DeadlyWordsForWomen.jpg

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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Do you know me?

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I once said "whatever" to a male friend some years ago. I did pretty much mean "screw you".

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Yes and WOMEN also say if you don't like me how I am find someone else (wife)- so I did - best thing I ever did!!!!!

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It dosent include the deadliest saying of all.

 

" I do. "


I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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It dosent include the deadliest saying of all.

 

" I do. "

 

Is romance really dead ? :(

 

is there no hope for me?


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Oh no Ellen, don't tell me they can take hope away from us as well:jaw::madgrin:

 

I refer to the Government!

Edited by determindator

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Surely there's an unattached romantic man left out there ????


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That's a very short tick list Ellen:madgrin:

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Surely there's an unattached romantic man left out there ????

 

That's a very short tick list Ellen:madgrin:

 

Or a tall order :madgrin:


 

 

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HOW NOT TO CLAIM...Click here!

 

HOW TO...DUMMIES GUIDE TO CAG...Read here

 

.please remember that any advice i give is purely my own experience or opinion thankyou

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It dosent include the deadliest saying of all.

 

" I do. "

 

Lmfaooooo!!!! :lol: My OH is going to love this one......A little too much :|

 

Surely there's an unattached romantic man left out there ????

 

I know of one Ell-enn, and he's soooo lovely!!!! AND he's in Yorkshire!!!! :oops:


Life is like an echo, it all returns......The good, the bad, the false, the true......So if you give life the best you have, the best will come back to you.

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Lmfaooooo!!!! :lol: My OH is going to love this one......A little too much :|

 

 

 

I know of one Ell-enn, and he's soooo lovely!!!! AND he's in Yorkshire!!!! :oops:

 

who who who who ?????


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who who who who ?????

 

He's a friend of ours who's been single now for a little over 2yrs because he has two children, one of which lives with him, he works really hard (very good job too!), so just hasn't had the time to "get out there" if you know what I mean :lol:

 

If you like the very tall type, with dark hair, who is a polite gentleman - yet has a cheeky sense of humour, you might just like him!

 

Omg, I know I was born in Liverpool - but I really don't want to turn into Cilla :lol:

 

Forgot to add - he is also an amazing cook!


Life is like an echo, it all returns......The good, the bad, the false, the true......So if you give life the best you have, the best will come back to you.

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OK - I'll take him :) wait a minute........ how old is he?


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OK - I'll take him :) wait a minute........ how old is he?

 

:lol:

 

He's 48 (I think!) - but he certainly doesn't look it, he only looks about 40!


Life is like an echo, it all returns......The good, the bad, the false, the true......So if you give life the best you have, the best will come back to you.

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Oh dear - I don't think he'll want someone almost 10 years older than him :( :( :(


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Oh dear - I don't think he'll want someone almost 10 years older than him :( :( :(

 

Age is irellavant Ell. Think of yourself for once.


I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Very true Tony, I've been known to act like a teenager on occasion :lol:


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Oh dear - I don't think he'll want someone almost 10 years older than him :( :( :(

 

You know Ell, I'm not sure, as I've only ever known him to be married, and now single for two year - he likes women though, that's for sure! :lol:

 

Age is irellavant Ell. Think of yourself for once.

 

You're so right TonyCee! My OH is a few years younger than me, he always says that age is just a number!


Life is like an echo, it all returns......The good, the bad, the false, the true......So if you give life the best you have, the best will come back to you.

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