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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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Ty1874

Hoist/Howard Cohen - Santander Overdraft

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They are the claimant...let them conduct and negotiate any acceptable settlement figures...of course you can always say no:wink:

 

Thanks again - will let you know how it goes..

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So far no contact from Hoist in regards to any settlement.

 

I have a question - has anyone had any success getting the case dismissed as the default notice does not comply with the Credit Consumer Act??

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So far no contact from Hoist in regards to any settlement.

 

I have a question - has anyone had any success getting the case dismissed as the default notice does not comply with the Credit Consumer Act??

 

You are a long way off that stage yet...wait and see if the claimant inform the court if they wish to proceed.

 

Andy


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so today have received a general form of judgement or order???

 

 

how has that happened and no case has been heard? what are my options?

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What does the Order state TY ...verbatim?


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Stay is lifted the claimaint to recover cost and interest to the date of judgement.

 

i need to pay before 17 May 2016.

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im hoping i can make some type of application to get this case set aside if not im screwed for 6 years.

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Lifting the stay is normal process......does it state you have a judgment against you..they cant just lift the stay and move to judgment...I cant advise TY with sections of the Order being stated...can you type it out or scan it?


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yep the exact wording is

 

Upon reading the claimants letter dated 20/04/16

 

It is ordered that the

 

1) the stay be lifted

2) the claimant recover against the defendant the sum of £2300.00 and £180 for cost amounting to total.

 

it is ordered the defendant pay the claimant the sum of ___- on o before the 17th of May.

 

thats it.

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Well as stated you cant just lift a stay and get judgment...so there is a part missing here.....along the lines that they must have made application to strike out your defence and request judgment or request Summary Judgment or both....or you failed to follow a court direction after mediation with allocation process.

 

Or there was something wrong with the way you acknowledged service and submitted a defence....I dont think we have the full story.

 

Andy


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Hi Andy,

 

I followed every advice given.... literally can't sleep.

 

Can i apply to have it set aside based on the following points:

 

Holding defence not adjusted- no direction from court enabling adjustment of defence? -

 

No attempt made by claimant to make contact as per mediation order?

 

Thanks for you help!

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I would ring the court that issued the Order and request how can a claim be lifted and judgment applied when a defence has been submitted? Has there been any other applications or orders that have gone astray that you are not aware of ?

 

Once you get that detail you can then consider whether you have grounds to set a side.


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So quick update.... call the court on friday it turns out the judge issued judgement by mistake!!

 

 

Hoist had asked for the stay to be lifted and the judge granted judgement in error..

 

 

They are going to send me confirmation of this by the end of next week so fingers crossed.

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:-)

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Just a question - do i need to apply to amend my defence? non compliant default notice - charges etc..

 

At this point I still have the holding defence.

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IMHO no

Neither are that relevant


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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Wait until you receive further in formation from the court re their application and any further directions.


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ok many thanks..

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So who do you complain to when the judiciary make fundamental mistakes then? My local court decided to send all my paperwork to my previous address (I got a backdoor CCJ because the DCA done this too) rather than using the address I supplied on my N244 form. If the courts cant get the basic stuff right who are we supposed to turn to?

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update

 

How now received a letter saying the judge has reviewed my file and will need £255 to set aside judgment??

 

This is weird as the case has never been heard? only got as far as allocation questionnaire.

 

Confused.com

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Why should you set a side and pay a fee when they applied the judgment by error...the claimants have to pay a fee if anyone to make their application.


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Not really sure what to do next tbh.

 

I have sent them an email yesterday in regards to this

as it seems they want me to pay to set aside a judgment that should not have been made?

 

 

Is it possible hoist could have applied to have my holding defence struck out?

thats the only thing I can think of?

but would the court not notify me if that was the case??

 

Have been trying to call them all morning...

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Not really sure what to do next tbh.

 

I have sent them an email yesterday in regards to this as it seems they want me to pay to set aside a judgment that should not have been made? Is it possible hoist could have applied to have my holding defence struck out? Possible but the court should have informed you thats the only thing I can think of? but would the court not notify me if that was the case??

 

Have been trying to call them all morning...

 

Only the Court can unravel what has gone on here....only an application for strike out or summary judgment would allow them to proceed to judgment once a defence has been submitted and the claim is stayed.


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just an update

 

 

the judge has had a look at my holding defence and decided that I have no case.

 

 

He has therefore granted judgment on his own accord as not to waste the courts time.

 

 

I need to apply for set aside and come up with a reasonable defence.

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" the judge has had a look at my holding defence and decided that I have no case. "

 

And how have you found that out Ty ? Have you received an order...does it allow you set a side the order?

 

Andy


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