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Hi There,

 

I am hoping that someone on the forum can help me. I would like to know if the sale of goods act covers puppies.

I have recently bought a male puppy from a breeder that is supposed to be kennel club registered. When I collected my pup the breeder said she would send on the papers to me once they had arrived.

 

I had to email the breeder almost weekly to ask for the papers and when they did arrive they were for a different female dog. I have been in contact again and the breeder has said there are no papers left.

 

I contacted the kennel club to see if they could help but they cannot and they advised me to check out the sale of goods act.

I am concerened as the puppy is a staffordshire bull terrier and without the registration papers could be classed under the Breed Specific Legislation law as of the pitbull type.

 

I am running out of patience with this breeder as she has started ignoring my emails to try to clear the matter up.

Any advice would be greatly appreciated.

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Yes, it is a good under the SoG

61 Interpretation.

goods” includes all personal chattels other than things in action and money, and in Scotland all corporeal moveables except money; and in particular “goods” includes emblements, industrial growing crops, and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale

http://www.legislation.gov.uk/ukpga/1979/54

 

A dog is a chattel.

 

In any event - even without the SoG act, you would still have the necessary rights. The SoG Act simply puts the matter beyond doubt

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I would get it all down in writing and start challenging immediately. Also complain to all of the relevant animal bodies and TS.

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Considering the Kennel Club issued a certificate which may be fraudulent even though they acted on the information given by the breeder, they may have a "Duty of Care" to make sure it is resolved.

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Hi Surfer01

 

I have contacted the Kennel Club twice now, even though they have issued the breeder with papers, the breeder is not a member of there Assured Breeder Scheme and they say they are unable to contact her.:roll::-x

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Hi Surfer01

 

I have contacted the Kennel Club twice now, even though they have issued the breeder with papers, the breeder is not a member of there Assured Breeder Scheme and they say they are unable to contact her.:roll::-x

 

I am puzzled as the assured breeder scheme does not alter the fact that fraudulent registration papers have been issued. Can I suggest that you contact the Kennel Club again and advise them that you are starting a small claims court action against the breeder and that you may issue a summons against the Kennel Club as a witness regarding the pedigree papers and see what sort of reaction you get from them.

If it comes to light that the Kennel Club issues certificates willy nilly without any checks to any one that sends them an application form, it will go along way towards discrediting the organisation which they would want to avoid at all costs especially if a dangerous breed may be involved. Maybe worth while bringing up the latter on Watchdog.

We were accredited breeders with the Kennel Club in South Africa many years ago which is how we know how the system works. The KC did check as best as they could, but without DNA checks it is any one's guess as to the parentage of any puppy and certificates were based on trust.

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Your case should also come under the Trade Descriptions Act 1968. See section 2 here:

 

http://www.legislation.gov.uk/ukpga/1968/29

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