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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 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  
    • 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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Batesy96

Xcersie4Less / Spratt Endicott Solicitors

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I had an account with Xcercise4Less and i missed one payment because i was on holiday,

 

 

When i got back i found i had all these charges on my account that made up to around £60.

 

 

Obviously i didn't want to pay this,

so i called them up and contacted them

and they allowed me to make a new account with the charges on the old account being dropped.

 

 

However a few weeks later i started receiving letters from Harlands saying i had to pay,

i tried to phone them but they didn't answer after trying them a couple of times. So i just left it.

 

 

I have now received a letter from Spratt Endicott Solicitors saying that they will take legal action in the next 7 days if i do not pay the balance of £241.40

 

 

. I am a student and can't afford to pay this much especially considering the yearly fees for the gym are £120.

 

 

I just wondered if anyone could advise me on how to hand the situation?

 

Thank you

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Is this Spiceball , Reflex, or bannatyne bodicote?

 

Its ok, i am on your side

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It's Xcercise 4 less

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If you do not mind me asking what area do you live , i have had dealings with Sprat Endicott

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Newcastle-Under-Lyme, Stoke. What was your situation?

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read the letter properly it does not say WILL anywhere!!

 

 

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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Probate, i cannot understand why a local solicitor hundreds of miles away is handling this but never mind

 

Are the charges listed on the finance agreement you signed and if they are disproportional they can be reclaimed

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It just says it "may result in legal proceedings"

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I don't know, I didn't sign anything?

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Ok

 

did you take up a free intoductory offer and to confirm

 

How can you have an account and miss one payment if you signed no contract??

 

You never signed anagreement at the Gym (Trade Premisis) is that correct???

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i had to click something saying "i accept" and i had a direct debit and i missed one.

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Ok then

 

You did the membership on line

 

Is that correct??

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Well it was in the gym but it was done on the computer by the receptionist.

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How long ago was this ??

 

Is it more than a month??

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Yes it is more than a month ago, about 4 or 5 months ago.

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This is now going to be difficult as you have signed and accepted a contract.

You cannot even argue changing your mind due to the time span

 

You can get out of the contract if you have a medical condition that makes exercise dangerous

 

You need to download a copy of that agreement and look at the terms and conditions with charges. We can challenge the cost on that as unlawful penalty charges

 

Phone the Gym up and ask for a web address or contact xerciseforless head office for the link

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It was 12 month yes, But the cost of the 12 month contract is £120, they want me to pay £240. And yes.

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£240 will be the standard two year gym membership terms, the same as a mobile phone contract

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So you think its best not to ignore this and set up a payment plan?

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I would negotite a settlement, say you will pay for xyz months membership but 24 months will cause problems as you are a student and did not realise what you were signing with the contractual terms

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Hi Batesy,

 

A lot of posts here already but not much use I'm afraid.

 

This is almost certainly not a 24 month agreement. If it was, you could cancel and walk away without paying a penny !! Agreements longer than 12 months became history following the AMSL case in 2011.

 

Spratt Endicott are used by Harlands/CRS to threaten folk into paying. Stand up to them and they'll scuttle off quickly. We'll help you deal with this.

 

Do NOT call the gym or Harlands/CRS at all. Keep all communication in writing only, preferably letters not emails.

 

I'll draft a letter to Spratt Endicott in a mo .............

 

:-)


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To Spratt Endicott :-

 

Dear sir or madam,

 

I refer to your letter of xxdate regarding gym membership.

 

This matter was resolved with the gym direct and Harlands/CRS had no right to involve you as a third party.

 

If you contact me again, you will be included in my formal complaints to Trading Standards and The CMA. I will also complain to the SRA.

 

Yours faithfully,

 

:-)

Edited by slick132

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Letter to Harlands :-

 

Dear sir or madam,

 

Gym membership at Xercise4Less in [town/city]

 

I refer to demands from Harlands/CRS for payments.

 

Agreement about this matter was reached with the gym and you have no right to make your demands.

 

Furthermore, you have no right to involve a third party, namely Spratt Endicott, in this matter.

 

If you make any further demands, or cause them to be made by any third party, formal complaints will be made to Trading Standards and The CMA.

 

I suggest you confirm with the gym that I renewed gym membership on the understanding that all charges for the old membership were dropped.

 

Yours faithfully,

 

Get free Certificates of Posting from the PO when you send both these letters.

 

Ignore contact from Harlands/CRS or anyone else for now, but keep us informed.

 

:-)


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Ok, thank you! I thought i was in serious trouble here but from what i have seen and what you have said it seems that this 'Harland's" Company is very dodgy in its methods.

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