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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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angie4

Old overdraft Bank of Scotland Default Marker placed 7 years later after default

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Hi

 

Wondered if anyone would have any advice regarding an old overdraft account that I had back in 2001,

 

I stopped using this account about 2003/2004 as registered with a new bank and completely forgot all about this account.

 

I checked my credit file and had noticed that in 2011 the Bank of Scotland registered 1 default against me for £849 and the default date is registered as 01/03/11 which is nearly 8 years later.

 

Then there was another entry from 1st Credit a DCA the following month for an amount of £850 for the same debt with the default date of 01/03/11.

Can they do this ???

 

this is having a severe effect on me obtaining a loan via the bank that I have been with since 2003/4.

 

I moved address in 2013 and since then 1st Credit have been chasing me advising they bought the Debt from the bank.

 

As this was for an overdraft I'm struggling to find any information on were I stand.

 

Today I sent a request to the bank for a breakdown of the account and a copy of the default notice that was seemly issued but i have never seen!!!!.

 

Any help or pointers on were to obtain some information regarding this would be so gratefully received....

Thanks

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Hi angie4 and Welcome to CAG

 

I have moved your thread to the appropriate forum.

 

Regards

 

Andy


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Thanks Andy - apologies which one should I have placed this in ??.... thanks again

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I have already placed it ...Halifax Bank of Scotland Forum:-)


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Can an overdraft be Status Barred ???

 

Anyone got any advice ???

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Plenty of Overdrafts claims/outcome in the Legal Success forum......

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes


We could do with some help from you.

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many thanks Andy

 

, I really appreciate your help,

apologies I'm not very good with any of this stuff and I'm now even more baffled at what I should do,

 

If the DCA have registered the default on my credit file is it them that I need to approach for copies of everything....

 

I have sent a request to BOS for copies of the one that they submitted for 1 month ???......

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Only the original creditor can place the default marker and date...this is normally marked 3 months after the breach...a DCA can only change the name of the debt and update it...they cant change the date.


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Thanks again Andy

 

, there is only 1 entry on my file from BOS and then it changes to DCA but the date of the default is the same

 

, funny thing is as I'm trying to remember all the circumstance of how the debt got to that amount and I think there is a lot of charges in there but I will hopefully be able to see this from the information that I have requested from BOS ie, breakdown of the account......

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Whatever is revealed angie...you need to take it up with BoS and the ICO (Information Commissioners Office) no creditor should be placing a default marker nearly 8 years after the breach.

Say for argument sake they issued a court claim....the claim would/should be statute barred...but because they have failed to record the breach correctly...you could be prevented from pleading this.


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Again I very much appreciate your help and advise Andy.... thanks

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Hi Andy,

 

no reply from the bank, (chaser letter sent) but i did get an annual statement from the DCA which is now showing the date of assignment as 18/11/13, can they register the defaults from 01/03/11 if they were not the legal owner of the debt ???

 

Many thanks

Angie

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No....and would assume from that information that BoS never defaulted you?


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Thanks Andy , there was only 1 entry which was showing on my report from BOS which was then removed and the 1st credit took over, they have the default date on the CRA as 01/03/11. So if the assignment according to the DCA is 2 years later surely this cant be right ???? and if not what can i so about it ?? im still positive that the debt should have been status barred but because it was an overdraft im not sure of the process ???

 

Thanks

Angie

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Overdrafts and limitations work the same way as normal debts....IE the cause of action or breach...except you dont get a default notice with a current account you should receive a Notice served under Sections 76(1) and 98(1) of the CCA1974...this is notice of termination and recall notice......normally allows 21 days....to either make payment or make proposal.


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nope didnt receive any of them from memory ......

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Who would I raise the SAR with ??

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Thanks again Andy

 

, there is only 1 entry on my file from BOS and then it changes to DCA but the date of the default is the same

 

, funny thing is as I'm trying to remember all the circumstance of how the debt got to that amount and I think there is a lot of charges in there but I will hopefully be able to see this from the information that I have requested from BOS ie, breakdown of the account......

 

Who would I raise the SAR with ??

 

Thought you had already done it..as per above ?

 

Halifax/BoS


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Thanks Andy , there was only 1 entry which was showing on my report from BOS which was then removed and the 1st credit took over, they have the default date on the CRA as 01/03/11. So if the assignment according to the DCA is 2 years later surely this cant be right ???? and if not what can i so about it ?? im still positive that the debt should have been status barred but because it was an overdraft im not sure of the process ???

 

Thanks

Angie

 

it seems it is as andy said; you said the bank defaulted it in 11. then sold it to 1st in 13. 1st have then put their name on it instead of the bank, the def date still being 03/11. a new owner cant update a default date, just put their name on it instead.


IMO

:-):rant:

 

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