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    • Hi.   SJP = Single Justice Procedure. Here's some reading for you https://www.gov.uk/single-justice-procedure-notices   If you want to ask for an out of court settlement, you need to deal with TfL. You could write to them if you have a contact name, there are examples of letters in threads here.   HB
    • Hi,  I have sent email requesting information as to why my original email was not actioned. I did have the case number in the subject line on my email.  I only got a letter from registry trust, nothing else from courts or Shoosmiths thanks 
    • @dx100uk  I have received only the charge for this journey.  Sorry for my ignorance but what is a SJP?  the charge has been made at 21 june  2020 but I received this only yesterday. Now they ask me to make my plea and I have 21 days to do so, but I want to try an out of court settlement. There is not any court date on the papers they sent me now though. 
    • Licensing is only required for quite serious breeders who keep multiple breeding dogs, some perfectly good breeders don’t need a license and some dreadful ones are licensed so it’s something of a red herring.   What breed is the pup?  You don’t say and this ‘breeder’ doesn’t sound like a breeder at all from your post.  That said, they seem to have been quite responsible in that the pup was vet checked and vaccinated before you took it.   Has your insurance company confirmed this was a pre-existing condition they won’t cover?
    • 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 two 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 by 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 have 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  
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      I was in Sainsbury’s today and did scan and shop.
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notdoneyet

lowell/Carter claimform - old cap1 'debt'***Claim Struck Out***

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Then you have done your disclosure...which you should have disclosed copies of the CCA requests...proving that the £1 payments in connection to said requests.:-)


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Andy, is it possible to speak with you off the record so to speak?

 

I really would rather not post up on the open forum but I would appreciate being able to ask a question privately.

 

Thanks.

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Sure send me a PM


We could do with some help from you.

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Andy, is it possible to speak with you off the record so to speak?.

 

Andy have we lost the ability to lock down threads that go 'legal' in order for the OP to show all, without the worry of sleeper cells & prying eyes?

I just remember when a thread used to be 'locked' for ''your eyes only'' to those who were able to give constructive input, all controlled by the site team...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Andy have we lost the ability to lock down threads that go 'legal' in order for the OP to show all, without the worry of sleeper cells & prying eyes?

I just remember when a thread used to be 'locked' for ''your eyes only'' to those who were able to give constructive input, all controlled by the site team...

 

We still have the facility BB but its only used on rare occasions now...what our posters considered confidential and what the Site Team consider are two different things...and ultimately are a matter than can invariably go on the thread anyway.

 

Dont worry I will update the thread with anything relevant from the PM:wink:

  • Haha 1

We could do with some help from you.

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:thumb: Shukran...
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Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Andy, have pm you with an update.

 

Thanks

 

NDY.

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Hi Folks,

 

Well today was ok, managed to get through the meeting with the judge without pooing myself.

 

The claim has been adjourned for a further period subject to new evidence submitted.

 

I have to submit a further witness statement in support of my contentions that the claim is statute barred.

 

Kinda mixed feelings, but pleased that it wasnt the slam dunk that BC believed it would be when communicating with me and the courts.

 

NDY.

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Excellent achievement...almost as a good as a victory....so now a fresh Witness statement in support of your statute barred argument and gather all evidence that the £1 payments were in fact payments for section 78 requests...then it should be a slam dunk.

 

well done.

 

Andy


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Do I await a new date in court or do I compile this now and send it in, with a copy to BC?

 

Thanks :)

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Have you not received anything fresh from the court NDY since the last hearing...? General Order ?


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not heard anything yet but assume I will get something through in the next few days. Judge did say that it would be at least 6 wks from then before a new date.

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Well there is nothing to stop you making a start......as they may inform you 1 day before the way the court systems are currently working:-)


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**UPDATE**

 

Case struck out.

 

Can I now ask advice regarding PPI owing on this account - am I able to claim it back?

 

Thanks

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hey well done

yes you can reclaim the PPI.

 

 

dx

 

 

 

 

 

 

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Please help.


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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Thanks DX,

 

And to Andy and all of the other moderators and members who assisted in helping me to this stage.

 

I wont go into details at the minute, but I am delighted and relieved in equal measure.

 

This also puts the account clearly into SB territory so even if they decided to come back at me they could not get the case opened.

 

Does the SB issue in any way hamper my potential claim for PPI?

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shouldnt do

please do it yourself

not via a CMC.

its easy if you read a few PPI or CAP1 PPI threads

use the search CAG box of the red toolbar


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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Delighted for you NDY.....

 

If you could expand a little for the benefit of others in the same position and why it was struck out ...did the claimant fail to show or did it actually get a hearing ?

 

Thread title amended to reflect the outcome.

 

Well done...and please consider making a donation to help us keep helping others.

 

Regards

 

Andy


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It was struck out due to non-attendance by the claimants/claimants representative. However, I believe that this was either deliberate to avoid costs because they believed they would lose, or a technical oversight - the original solicitors BC was changed last month to Lowell Solicitors and the original Witness Statement and letter from BC stated that they would not be attending and they did not think to re confirm non attendance....I'll live in the world where my case was so good they weren't going to win anyway :D

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I would think the latter as it has happened on quite a few BC claims on the change of representation.

 

Andy


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