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    • Your puppy is certainly subject to the consumer rights act because it is classed as "goods". You don't say when you bought it – you simply say "recently". I'm not too certain what the law is relating to commercial breeders. You say that this person is a home breeder. Is there any distinction? Should they have had a licence? There are two issues here. First of all – and probably most important – you are talking about the health of the puppy. You may not have the resources but it seems to me that it's important to get this addressed as quickly as possible – both for the sake the puppy and also for your own sake because if you end up having to pay out of your own pocket, according to you is going to get a lot more expensive. If the tooth is causing the puppy any pain or discomfort or any difficulties then it seems to me that you have a clear duty to get it sorted out as quickly as possible. You made the decision to purchase a puppy rather than go to a rescue home – where these kinds of things would have been sorted out – and you obviously made your own decision to go to a breeder who you knew was unlicensed – and am afraid that all of the baggage your filing now probably comes with those decisions. On the consumer rights issue, it seems to me that you have a clear case – regardless of the consumer rights act – because whether the breeder was a home breeder or not, licensed or not, it is clear that the money they were charging – it was done as a matter of trade. You say that this person is a home breeder – and I understand that the rules are that if you read a certain number of letters per year and sell a number of pups then you do need a licence. I suppose you will have to make your own discreet enquiries to discover whether in fact this person is actually operating as a commercial unlicensed breeder. It's not terribly relevant to your case – but on the other hand it would add leverage to your position. I think the way forward for you is to get to independent quotations for the veterinary work which needs doing and then write to the breeder giving them both independent quotations and telling them that because you have the interests of the puppy in mind you are going directly to have the work done for the cheapest quote. Because of the breeder's attitude so far I would include this in a letter of claim. I don't think that there is any room for mucking around with the welfare of animals – especially when they are being used to make profits. That means that you would send the breeder the two quotes, tell them the date on which the work is going to be done, point out to them that has so far they have been completely uncooperative and refused to get involved that you are now sending them a letter of claim and that you will issue a claim within 14 days unless they pay in full for all the treatment and any ancillary treatment. In other words you make it clear to them that the sum you are claiming for the media work may not be the end of the matter and that you hold them responsible as a dog breeder – commercial or not, licensed or not, for the welfare in good health of their animals. Frankly I think you should tell them that you are going to report the matter to the RSPCA – and if you care about your animals – and the others that are being produced by this breeder – then I think that this is exactly what you should do. I think you should also ask the breeder if you can have any tax receipts for the £1200 which you paid. It wouldn't at all surprised me if this breeder has received the money – effectively cash in hand. You should ask them for a VAT invoice or else an undertaking that they are exempt. We will help you all the way here – but I'm going to say once again, that I think your first priority is to get the work done. I'm sorry that you decided to buy a puppy – when there are so many in rescue centres – although maybe not as pretty looking is the one that you have. I'm afraid that this is the kind of thing which encourages "home breeders" and breeders generally – and particularly with unlicensed breeders – it means that they more likely to be sloppy and uncaring about the welfare of the animals they produce. I think you should tell us more about "Vets4Pets".  It seems to me that they haven't done a very good job either – and I would be writing to them and asking them how come they have managed to carry out this assessment of your animal and yet they have missed this important defect. I think it's important that pressure is put on them as well to smarten up their act. Please will you tell us the name of the home breeder.   I hope this advice has been helpful to you. I'm sure that some of my comments and made uncomfortable reading – but as I say, we will help you all the way and I think you should start acting straightaway in the interests of your puppy – which doesn't deserve any of this  
    • 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.
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ive been out of work for 5 months living on my over draft of £1500

 

 

i always had this under control when i was working and was hardly in it,

 

 

now the bank keeps putting £31 a month interest on top which has now put me in a unplanned over draft of £132.00 totalling my overdraft now to £1632.00

 

I had lloyds tsb send me a letter saying i must settle £132.00 by this day and if i dont they will pass it on to solictiors etc.

 

i phoned them saying i can make a payment of £5.00 per month until i get back into work but they said no.

 

their solicitors want me to pay the full £1632.00 and state daily interest will occur as well

 

 

now i feel there is no way out for me

 

 

what is the point in me making an offfer of repyament if these are sticking daily charges on top of it until it is out of control.

 

Now they are demanding i pay the full amount within 14 days

 

Lloyds TSb even made me fill out an Income and expenditure form then didn't bother replying back to me then i get this letter.

 

What can i do ?

 

 

end of the day they should freeze all interest and charges so this can be cleared.

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Make a formal complaint to the Banks CEO stating that you

were asked for an I&E have sent it and it has been ignored.

Ask for interest and charges to be frozen and repeat your

offer of payment.


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Monitoring this thread as I'm in exactly same position

B in touch

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i made a formal complaint to the CEO see if he replies how long does it usally take for them to reply

 

ive also done abit of research to this and it says that SCM solicitors is an in house solictior firm for Lloyds tsb, Halifax and RBS

 

also read that they have no power to do anything and been told that i control how much i pay them back per month not them

 

i actually beleive it is in house because ive tried googling there website and nothing comes up in google also there is no correspondance email on the letter

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Inhouse legal departments can when instructed issue court proceedings,

what you have received appears to be a default notice giving you time to

bring the account back into line.

 

If it is not done then a default will be placed on CRA files.

Have you at any time asked for the interest to be frozen?


Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes

Brigadier is correct write a letter recorded delivery requesting the interest to be frozen and charges to be stopped I have done this but no reply

I personally lloyds don't give a damn

Time will tell

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Hi guys

 

Received a letter this morning about a overdraft i have had on payment plan for about a year now,

 

 

They sent me numerous letters over the months telling me i need to amend my payment to them

as i was only paying £5 a month due to my financial circumstances

 

 

with just getting back into work and Christmas coming up

ive had to pay for other things but kept up my payment plan with them until further notice

 

This morning i got this letter saying they have passed this debt on to Moorcroft to recover the full amount

and now i must deal with them even though i have paid the £5 every month without missing a single payment.

 

They have done nothing but harass me lloyds over the past 6 months

 

Do i have anywhere to stand here ?

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if you are comfortable with it, when moorcroft write to you,

 

simply tell Moorcroft, in writing, that you will be continuing with your

 

arranged payment of £5 per month.

 

Do not let them bully you into paying more than you can afford


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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or totally ignore Moorcroft

 

 

they don't own the debt LLoyds do.

 

 

so they cant do ANYTHING to you.

 

 

so the powerless DCA can go away off.

old & new threads merged

 

 

did you write and succeed in getting interest and charge frozen?

 

 

if not I question you paying them anything at all.

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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you could add that you will deal with the matter in writing only and that if you have to deal with too many letters or receive telephone calls, you may have to reduce the fiver ...

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Thanks guys always great advice

 

received this today off moorcrap

 

New_Doc_1.jpg

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if you do contact them, remember in writing only


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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as post 9

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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When you arranged your repayment with Lloyds, did you get it in writing?

 

If so, what exactly did their letter say?

 

Write Moorcroft a one liner, telling them you owe them nothing and are dealing directly with the Bank, Moorcroft are the worst kind of DCA, All bark and no bite. I don't think I can ever remember them taking anyone to court and they have NO legal power at all.

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I didnt get it in writing

 

 

i sent a complaint via email, on my old email address which has now been closed down,

 

 

they phoned me and said they would accept the £5 payment plan

 

 

and passed me their sort code and account number for a standing order which i have kept on top of while i was out of work

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Another letter off these harassing idiotic people telling me i have 7 days to pay the outstanding balance before further action is taken against me

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oh dear the red letter next....

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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oh dear the red letter next....

 

 

dx

 

Haha and that means what exactly they still cant do anything to me ?

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you're learning!!

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Been down this path - my action was - write to Moorcrap stating you are paying the OC as per a payment plan and will continue to do so and will not communicate with them further.

 

At same time lodge a formal complaint to Lloyds for passing to a DCA when you have an agreed payment plan (they have been accepting payment so implicit agreement) and have stuck by it - tell them you will continue paying them and only them.

 

Intend

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