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    • 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.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
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Hi all,

I'm hoping if possible to find out a few answers to some questions concerning old credit card debts

that i have been paying back via a debt management company until recently, that company recently failed to renew their license.

 

A friend recommended i should check CAG site out, and what an awesome site and community it looks.

 

I will post a new thread with my queries in the relevant forum when have checked and browsed the site properly.

 

Thank you

 

Mark

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good job they went bust then if they were a fee taking one

 

 

why the beep did you pay MORE money to manage your debts

when YOU can do it FOR FREE!

 

 

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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good job they went bust then if they were a fee taking one

 

 

why the beep did you pay MORE money to manage your debts

when YOU can do it FOR FREE!

 

 

dx

 

Hi dx,

Thank you for your reply!

 

Yes they were £25 per Month fee.

 

Tbh when I 1st got into trouble with finances i personally wrote too all of my creditors offering them direct payments from myself,

but I had a very poor response, getting a debt management team in and my monthly repayments being accepted was a big worry of my back,

and was well worth the £25 per month in my eyes, just meant the pro rata portion of the £25 fee the creditors were losing out of,

 

 

years down the line a few of the creditors said why I not deal direct or use a free service,

i was annoyed that they suggested this years down the line and had refused my initial offer of dealing direct from day 1 with them all,

 

 

i am now hearing there may be a possibility that the credit cards which i had from around 2002 may not be enforceable debts,

maybe the debt management company i used for years folding is now a blessing in disguise :)

 

I contacted Stepchange recently, but it was recco by a friend of mine to chk out CAG site,

and there's a few things i'm liking the look of after browsing a a few posts,

 

 

i will need ask for copy of all my credit agreements with all the credit cards,

i've been paying them for years :O

Thank you for your reply

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On December 28 2015, I sent 5 CCA requests to 5 collectors.

 

These were all old accounts dating back to 2002-2004,

all these accounts had served the 6 Years Credit Reference Default.

My credit reference file is now clean.

A balance on each of these 5 accounts is still recorded as being owed by the various collectors.

 

I was paying a Debt Management Company £25 per month to manage

and send regular monthly payments for quite a few years up until last summer 2015.

 

The debt management company was unable to renew their Licence in September 2015

and contacted me to say i would need to make alternative arrangements with these collectors,

 

 

this at time seemed like a nightmare, a friend suggested i take a look @ CAG Website,

on doing so I read up about sending CCA Request Letters.

 

I have just started receiving some replies and would appreciate any help and guidance,

i will list each account i sent a CCA Request to and the reply received thus far.

 

Original Lender: Morgan Stanley

Now Collected By: Cabot Financial

(YES PAYING MONTHLY STANDING ORDER, WILL STOP PAYMENT IF NO REPLY RECEIVED SOON)

NO REPLY AS YET

 

Original Lender: Barclaycard MasterCard

Now Collected By: Calder financial (NO PAYMENT BEING MADE)

NO REPLY AS YET

 

Original Lender: BarclayCard Gold

Now Collected By: Calder Financial (NO PAYMENT BEING MADE)

 

REPLY RECEIVED: We need to advise you that, regrettably, we are currently unable to fulfil your request.

As such, we are not currently able to enforce our agreement with you

and the agreement will remain unenforceable until such time as we are able to fulfil your request,

you will need to continue to pay the debt that's accrued on the account

and make payments in accordance with your statements.

 

Original Lender: Bank Of Scotland

Now Collected By: Idem servicing (YES PAYING MONTHLY STANDING ORDER, WILL CONSIDER STOPPING PAYMENT)

 

REPLY RECEIVED:

Unfortunately, we are unable to supply a copy of the Credit Agreement

and we acknowledge that until we do so the agreement cannot be enforced.

However, the balance of the account is still outstanding and we will continue to pursue this debt

which will include registering any arrears and defaults with the Credit Reference Agencies.

The balance of your account remains due and payable

and we will continue to contact you to discuss your repayment proposals.

You are free to take whatever action you consider appropriate

but we will not be releasing you from any obligation under the agreement?

WHAT AGREEMENT ? AS NOT TURNED UP AS YET?

 

 

Original Lender: Halifax

Now Collected By: PRA GROUP (NO PAYMENT TO)

Reply Dated: 08/01/2016

 

REPLY RECEIVED:

I am in receipt of your correspondence in relation to the above and have requested from our client the requires information

. Until this is received I have placed your account on hold which will cease any further collections activity until further notice.

They also returned the £1 BLANK POSTAL ORDER as they said was not required to carry out the request.

 

An Information they attached also states,

If for some reason this is not available we should provide a reconstituted copy

which doesn't have to be the actual agreement you signed.

The paperwork should:

.Tell you what your original agreement was, and if there were any made to it later

. Include your name and address at the time you first signed the agreement,

but it doesn't have to include your signature, or the date your signed it.

. Include the statements about your rights that were in the agreement you signed.

 

What does unenforceable mean?

This does not mean your debt is wiped out.

You still owe the money, and if you don't pay, it could affect your credit record?

HOW IS THIS AT ALL POSSIBLE I HAVE ALREADY SERVED THE 6 YEARS DEFAULT NOTICE?

I read can't be served twice, so surely this a standard additional letter page they sent me?

 

Any advice or guidance on any of this would be greatly appreciated!

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Original Lender: BarclayCard Gold

 

Theres nothing they can do unless they magic up a CCA - Very unlikely.

Original Lender: Bank Of Scotland

 

Theres nothing they can do unless they magic up a CCA - Very unlikely. There was an agreement and BOS have fallen over, thats what they are referring to.

Original Lender: halifax

Yeah PRA send that out as standard... Dont worry, Ive seen it 100's of times :)

Dont take everything literally. They are robotic responses :)

 

Hope it helps for now :)

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Fkofilee ... thank you for your kind reply, always nice to hear its the standard and expected norm, i'm going to STOP PAYMENTS that i am still making now hearing this !

 

I was amazed when read the info on sending a CCa Request and how worthwhile it can be be especially with very old accounts, the CAG community is awesome !

 

Many thanks for your advice

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OOI Who was the DMC?

 

DebtSolutions 4U was their name, before them i was with DebtCall for 1st couple years

 

I wish i had learned of CAG years ago, better late than never suppose :)

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You should cease payments until they fulfil your CCA requests. You have been well and truly cash cowed for years.

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If I have been of any help, please click on my star and leave a note to let me know, thank you.

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You should cease payments until they fulfil your CCA requests. You have been well and truly cash cowed for years.

 

This is looking very true mikeymack2002 :(

 

I had spoken to StepChange last September 2015 this is a free advice organisation, approved by many Creditors, now i think i know why :(

not a mention of making CCA Requests :(

 

A friend suggested i browse the CAG site, and its looking like the best advice i have ever received, so much good info that seems to be working out well for me thus far, brill templates to work from and an excellent community here, which i am really appreciating, thank you all :)

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How much of that £25 that you were paying to DS4U were they actually passing on to the creditors? Any? All?

 

Ruddy fleecers, making a profit out of others misery.

  • Confused 1

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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How much of that £25 that you were paying to DS4U were they actually passing on to the creditors? Any? All?

 

Ruddy fleecers, making a profit out of others misery.

 

All of it Bazooka,

My monthy payment was actually £122 per month, £25 of that £122 was DS4U monthly fee!

 

But i tell you what really miffs me, not the £25 per month .. but the fact from day 1 back in 2004 i asked to deal directly with each creditor, and offered them a pro-rata payment and the response i got was terrible, hence why i involved DebtSolutions4U which they did accept £1 token payments from for 1st 6 months, DS4U never charged for that service too whilst i had negative income .. years down the line the creditors had cheek to say why dont you deal direct with us or use one of the various free services?

My reply was, because none of you agreed to my original offer back in 2004 to deal direct with me, and now you realise your losing out on your pro-rata portion of their fee you suggest this to me, no way i will pay the £25 fee still!

 

I was just happy to get none of the continuous phone calls and letters when DebtSolutions4U were accepted by all the creditors, now i know what i know .. i should have tried contacting creditors myself again, but tbh i never got any nuisance calls or letters whilst under the banner of DS4u, and if i only knew about making CCA Requests even after the 6 years default period had lapsed would been around 2010, i been paying these creditors fora very long time now 2004 - 2016

 

It was only as i said in my earlier post, due to DS4U not able to renew their licence in Summer 2015, and I being told by them i will need to make new arrangements with creditors to pay them, lead me to talking to a friend about it and he said check out the CAG site.

 

A true blessing in disguise it seems at mo :)

Edited by SaveTheSheck£es

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Oh dear!

Exactly why fee paying DMC's are a con and need to be avoided at all costs!


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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Oh dear!

Exactly why fee paying DMC's are a con and need to be avoided at all costs!

 

If only i was aware of CAG all them years ago!

 

Tbh it was such a relief for the calls and letters to stop from the creditors by involving a third-party DMC at that time, and as said at time when I first used DebtCall .. the service was actually free, due to me having a negative income at that time!

 

My advice would be to anyone SAME AS YOURS ... NEVER USE A PAYING DMC and with a bit of research patience and understanding, you can resolve all issues yourself, I would never of believed it was possible if had not read the many first hand experiences of others on this forum.

 

BUT with patience, browsing this great CAG site, it definately became much more understandable for me!

 

The experiences of others kind enough to post threads about their experiences and questions on here is priceless!

 

CCA Letter requests was something I had never heard of until my friend mentioned the CAG Site and what i should look into, I could not believe how important it was to send CCA requests to creditors, the posts by many others made me confident in sending, well nothing to lose all to gain ... a win win scenario in my eyes :) :) :)

Edited by SaveTheSheck£es

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If only i was aware of CAG all them years ago!

 

Tbh it was such a relief for the calls and letters to stop from the creditors by involving a third-party DMC at that time, and as said at time when I first used DebtCall .. the service was actually free, due to me having a negative income at that time!

 

My advice would be to anyone SAME AS YOURS ... NEVER USE A PAYING DMC and with a bit of research patience and understanding, you can resolve all issues yourself, I would never of believed it was possible if had not read the many first hand experiences of others on this forum.

 

BUT with patience, browsing this great CAG site, it definately became much more understandable for me!

 

The experiences of others kind enough to post threads about their experiences and questions on here is priceless!

 

CCA Letter requests was something I had never heard of until my friend mentioned the CAG Site and what i should look into, I could not believe how important it was to send CCA requests to creditors, the posts by many others made me confident in sending, well nothing to lose all to gain ... a win win scenario in my eyes :) :) :)

 

 

Now you know why CAG exists. Better late than never. Just imagine all that money you paid out for nothing. I bet they had a great Xmas do with it all!!


If I have been of any help, please click on my star and leave a note to let me know, thank you.

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I have just received a true copy of my original CCA from Halifax, back dating to 2001, so will now need to sort a repayment offer with them, they are the only 1 from 5 to provide thus far, so tbh i have still had a great result !

 

Better late than never, very true :)

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