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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 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 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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lukesshenry

Lowell/Carter Claimform - o2 debt

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I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me.

 

I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell.

 

2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582

 

I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue.

 

Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement?

 

Thanks for your time reading this.

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Hello and welcome to CAG.

 

Is this a blue court form N1 that you've received? If so, could you have a read of this stikky and give the guys the information they need in order to advise you please?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

My best, HB


Illegitimi non carborundum

 

 

 

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I had a letter last week from Bryan and Carter saying they are legal representation of Lowell Portfolio 1 Ltd and that I have an outstanding O2 Phone Bill from 04/2009 for £460. They said if I did not pay up they would issue a CCJ against me.

 

I gained a copy of my credit report and noticed there was a default dated 03/04/2010 from Lowell.

 

2 weeks later (Yesterday) I had a claim form come through from the court with a CCJ notice to which I have limited time to reply for the amount of £582

 

I called Bryan and Carter and asked for a copy of the credit agreement and they were very rude I said I did not recognise the debt and needed more details to investigate the issue.

 

Can they do this or is there any other way around this other than paying the money without even seeing a copy of the credit agreement?

 

Thanks for your time reading this.

 

They don't have to supply a CCA for a phone debt. But they have to evidence the debt and anything mentioned in their particulars of claim.

 

If you had an unpaid bill from April 2009, it should be statute barred and the default date in 2010 is wrong. If you are sure about the account being unpaid in 2009, you can defend on tbe basis that the debt is subject to statute of limitations and that the claimant is held to strict proof by way of original creditors statements of account in regard to an accurate default date.


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Name of the Claimant ? Lowell Portfolio LTD

Date of issue – . 06/10/2015

 

What is the claim for – O2 Phone bill 2010

What is the value of the claim? £580

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile O2

When did you enter into the original agreement before or after 2007? 2010

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. lowells

Were you aware the account had been assigned – did you receive a Notice of Assignment? No

Did you receive a Default Notice from the original creditor? No

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

Why did you cease payments? Was not aware this existed

 

What was the date of your last payment? never made one

Was there a dispute with the original creditor that remains unresolved? Not that I am aware of

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt managementicon plan? No

Thanks for the quick response :)

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They don't have to supply a CCA for a phone debt. But they have to evidence the debt and anything mentioned in their particulars of claim.

 

If you had an unpaid bill from April 2009, it should be statute barred and the default date in 2010 is wrong. If you are sure about the account being unpaid in 2009, you can defend on tbe basis that the debt is subject to statute of limitations and that the claimant is held to strict proof by way of original creditors statements of account in regard to an accurate default date.

 

 

 

Name Mr XXXXXXXX Date of Birth 12/05/1989

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

Edited by Andyorch
Missed Default date/Name removed

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Name Mr XXXXXXXX Date of Birth 12/05/1989

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

It would be helpful to get hold of confirmation from 02 of when the last unpaid bill was and when this would have been in default under the accounts terms and conditions. If you can get 02 to confirm this, then you can defend with 100% certainty that the debt is statute barred, so cannot be subject to court enforcement. And Bryan Carters are then likely to not proceed.


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It would be helpful to get hold of confirmation from 02 of when the last unpaid bill was and when this would have been in default under the accounts terms and conditions. If you can get 02 to confirm this, then you can defend with 100% certainty that the debt is statute barred, so cannot be subject to court enforcement. And Bryan Carters are then likely to not proceed.

 

Just spoken to O2 via online chate and they do not have an account for my name and address or any address that I have previously lived at, I have saved the online chat.

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Hi

 

You may wish to rethink your user name...if that's your real name...

 

Regards

 

Andy


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Actually.. Im going to step in and ask a few more questions. When is the debt from? This WILL Determine whether a CCA Request is required for this account.

 

As a general rule of thumb, CCAs are not required for Utilities accounts, but O2 set up the Refresh Tariffs where your phone is paid aside of your airtime under a Consumer Credit Agreement.

 

If you can remember if the account was subject to it, then it could mean you may have to tweak any defense that you reply with.


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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Name Mr XXXXXXXX

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

This is all the info I have from equifax.

 

O2 do not have info of the account when I spoke to them (conversation saved)

 

 

Sorry I can't be more helpful with the info.

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Acknowledge the claim on MCOL and state you will be defending the claim in full. The sooner you do this the better, and then send in a Statute Barred defence - it will then be up to Carters/Lowells to provide documentation otherwise.

 

Its a bit too late to do a CCA request to all parties although it would be helpful to do one.

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Name Mr XXXXXXXX

Terms 0 @ £ 0 (Monthly) Status Defaulted

Current Balance £ 460 Start Balance £ 0

Credit Limit £ 0 Default / Delinquent Balance £ 460

Start Date 20/04/2009 Date Updated 15/05/2011

Date Last Delinquent Date Satisfied

Default Date 03/04/2010

 

This is all the info I have from equifax.

 

O2 do not have info of the account when I spoke to them (conversation saved)

 

 

Sorry I can't be more helpful with the info.

 

Can you remember this unpaid 02 account ?

 

You seem to be unsure about it.

 

If so, try to get an 02 reference number or details from Bryan Carters, so you can make enquiries with 02. I suspect that 02 have deleted you from current systems and you will need to ask them for information from archived old accounts using any reference number you find out.

 

See what you can find out and post back.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Can you remember this unpaid 02 account ?

 

You seem to be unsure about it.

 

If so, try to get an 02 reference number or details from Bryan Carters, so you can make enquiries with 02. I suspect that 02 have deleted you from current systems and you will need to ask them for information from archived old accounts using any reference number you find out.

 

See what you can find out and post back.

 

No I cannot remember it at all i'll call Bryan and Carters for info and get back to O2 and see what I can muster up.

 

Thanks

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Claim has been acknowledged and I have selected defend in full.

 

So I now send a Statute barred defence?

 

Is it worth the CCA request?

 

How long have I got to submit the defence, should I find out more info first or go for it?

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You CANT Send a CCA Request if the Account wasn't subject to it. You need to FIND out!

If it wasnt subject to a CCA then it wont work!


 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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I wouldn't be speaking to carter on the phone.

 

 

can we have to full particulars of the claim please

 

 

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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Try staying off the phone unless you can record the conversations. As you have already found Carter is extremely unhelpful.

 

Use the CPR route and you will get a more beneficial response.

 

Hello to the 21 guests on a Saturday morning.

#

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After speaking to O2 and carter this is what I've got to work with

 

Carter:

 

03/04/2010 default

 

27/01/2011 debt purchased

 

****** account number

 

online 18 month

 

O2 opened in 20/04/2009.

 

And Phone disconnected on 05/11/2009

 

No details of any payments

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I'd do the statute barred defence. That would give them the grief of proving the alleged debt.

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sounds like its SB'd

 

 

go ack [aos] the claim on mcol website

 

 

then when you are ready

 

 

file the SB defence

 

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

.

.


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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SB defence has been submitted thanks all for your help on a Saturday morning I really appreciate it. I will update you as I go along (Not sure what to expect yet) Enjoy the rest of your weekend. :)

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I have received notice of proposed allocation to the small claims track this morning, what should I do now? Seems this just does not want to go away!

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So no acknowledgement of your SB defence?

 

WHO has sent this allocation to SC track?


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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Bryan Carter said they received my defence and wish to continue unless I paid up. (I ignored)

 

Received SC Track today from The court office at the county court business center

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std practice if you read other carter threads.

 

 

doesn't really mean anything


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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