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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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    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
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      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
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    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
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    • The controversial sub-prime lender says the City watchdog is investigating its practices.
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Preventative Measures.

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I am just about to open an account with A&L as a parachute - I'm currently with Cahoot - but was curious whether you could state when you open an account that you disagree or dispute any charges they make that would be considered unlawful, punitive etc.

I know they could turn round and say sod off, but normally with a contract, a business one anyway, you would hammer out the terms and eventually agree on the end result. Has anyone considered this?


Cahoot DPA Sent 070406

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We have been thinking about this for a while. there is a section in the UTCC that reads

Unfair Terms

5. - (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

 

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

 

(3) Notwithstanding that a specific term or certain aspects of it in a contract has been individually negotiated, these Regulations shall apply to the rest of a contract if an overall assessment of it indicates that it is a pre-formulated standard contract.

 

(4) It shall be for any seller or supplier who claims that a term was individually negotiated to show that it was.

 

We have thought about trying to negotiate individual terms but have not had the opportunity to carry it out in practice yet. If we tried to place a bet on it the odds would not be good.

 

It would be easy for us to say give it a go but as we have so far not had the nerve to do it ourselves it would be unfair (and how would that look on a forum that relies on the fight against unfair terms!) but if you fancy a challenge we would love to hear how you get on.

 

What does anyone else think?

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I agree completely - and it is strange because this post discusses Ts&Cs for a credit card which specifically state that

MPORTANT – READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS

The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, we cannot enforce this agreement without a Court order.

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4258&page=2


Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I must admit I have quoted term & conditions back at a store card (Argos and Homebase).

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4016

 

Admittedly they haven't replied as yet (I think they are still scratching their heads!) but the bottom line is that the terms must be free for each party to negotiate on.

 

Do you know what really gets my goat about all this. These banks, credit card companies etc - they have full time well paid legal staff who must know about UTCC. If only we could get our hands on the advice they have given. I know there's legal privilege but even so the hierarchy of these organisations must know what they are doing is wrong.

 

Did you see Maxie's post about her (I think it's a she -sorry if it's not) Court appearance today.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=4717

 

He did however say that the the original claim that the charges levied were "without question penalty charges and indefencable at law" these are his exact words - interesting!

 

It must surely follow that the Courts will agree the view that the whole contract is unfair purely because there is no negotiation.

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I have to say I'm am very sorely tempted to try this but as its a safety net for elsewhere I am a little reluctant on this occasion . However if the need arises soon.....

 

Keep up the good work folks.


Cahoot DPA Sent 070406

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Hmmm, my thoughts to. Perhaps when all my claims are settled and I have spare time on my hands....

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This topic was closed on 2019-03-08.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group


Cahoot DPA Sent 070406

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 5193 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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