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    • @dx100uk  I have received only the charge for this journey.  Sorry for my ignorance but what is a SJP?  the charge has been made at 21 june  2020 but I received this only yesterday. Now they ask me to make my plea and I have 21 days to do so, but I want to try an out of court settlement. There is not any court date on the papers they sent me now though. 
    • Licensing is only required for quite serious breeders who keep multiple breeding dogs, some perfectly good breeders don’t need a license and some dreadful ones are licensed so it’s something of a red herring.   What breed is the pup?  You don’t say and this ‘breeder’ doesn’t sound like a breeder at all from your post.  That said, they seem to have been quite responsible in that the pup was vet checked and vaccinated before you took it.   Has your insurance company confirmed this was a pre-existing condition they won’t cover?
    • 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.  
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Phantom943

Cabot/mortimer claimform - for old Cap 1 card***Claim Discontinued***

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I received a Northampton generated claim form on Friday for an old capital 1 credit card debt.

 

The total including court fee and legal costs comes to some £800.

 

The claim has been issued by Dryden via Cabot,

both of whom i have no direct dealings with but have in recent months received threatening letters and demands for payment etc,

 

 

i have not acknowledged any of them.

 

The claim states that this account was opened in 2005 and i have failed to repay.

 

I cannot recall when this account was last used but it would of been some considerable time ago

and i would imagine around 2007 at the latest.

 

I have obviously to do something with the claim form within the time allowed.

 

I'm minded to defend the claim as i would imagine it was subject to fees etc.

 

At around that time i was in serious financial difficulties and battling to save the family home

so i have little doubt the money or at least part of it may well be owing.

 

What is my best approach to this and how do i determine if this is too old to chase.

 

I have looked through a fair few threads but must say im a little overwhelmed by the sheer volume of information

and threads so don't want to jump in and go down the wrong route.

 

Any assistance would be greatly appreciated.

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Thread moved to Financial Legal Issues in view of the claim form received.

 

If you could read the following link and then copy and paste your responses here to enable the best advice on how to proceed and deal with the claim.

 

 

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

 

 

Regards

 

Andy


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Name of the Claimant ? Cabot Financial

Date of issue – . 06/01/2016

 

What is the claim for – the reason they have issued the claim?

 

 

1.By an agreement between Capital One and the defendant on or around 16/06/2005 ('the agreement')

Caital One agreed to issue the defendant with a credit card.

The defendant failed to make the minimum payments due and the agreement was terminated.

The agreement was assigned to the claimant.

2. THE CLAIMANT THEREFORE CLAIMS 6xx.xx (note there was no £ sign on the claim form just numbers.

 

What is the value of the claim? £800

 

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

 

When did you enter into the original agreement before or after 2007? 2005 according to the claim.

 

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. Cabot Financial.

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not to the best of my knowledge.

Did you receive a Default Notice from the original creditor? Not that i can recall

 

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

 

Why did you cease payments? Significant financial difficulties.

What was the date of your last payment? Not Known

 

Was there a dispute with the original creditor that remains unresolved? Cannot remember.

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan?

As far as i can recall Cap One would not agree to any payment plan,

but i cannot remember as dealing with so many organisatiosn at the same time many years ago.

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You need to ring Cap One and ask for the last payment date.

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Will do, just going through paperwork now to see if i have any records of this account. Many thanks.

 

Just a couple of more details i got from from credit report:

It appears that Cabot have made an entry:

LENDER BALANCE UPDATED STATUS

 

Cabot Financial (Europe) LTD £ XXX 31/12/2015 Default

 

Account type: Credit Card

 

Account number: ****2932 0

 

Account start date:16/06/2005

 

Opening balance: £ xxx

 

Repayment frequency: Monthly

 

Date of default: 07/05/2010

 

Default balance: £ xx

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is there any payment history on the credit file?

 

 

if you've not paid or written to anyone regarding this card and signed the letter

in the last 6yrs

it will be statute barred.

 

 

have you ack'd the claim on MCOL website yet?

defend all

leave juris unticked.


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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No there are no payments showing and no record of the account on the credit file (Noodle) only the stuff that Cabot have entered, i haven't done anything with it as yet as i wanted some advice before completing the form.

Many thanks

Edited by Phantom943
Provide more detail.

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you don't do anything with the form...

go up on the MCOL website mentioned on the forum

 

create a new individual user

note the gateway number you get back

 

them login to MCOL

respond to a claim

using the required details from the claimform

 

select the AOS box

defend all

leave juris unticked'

 

exit mcol.

 

 

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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Thanks for the advice so far.

I have acknowledged the claim and intend to defend, what is my best approach going forward compiling my defence please?

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when did you last pay cap1 anything or use the card?


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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As indicated earlier in the thread i havent a clue when the last payment to Cap 1 was made and there is no record of the account on Noddle which woudl suggest to me it was a good few years ago.

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or there was a previous default years ago

which, when it reaches 6yrs causes the account to vanish

that doesn't mean you haven't made a payment since that happened.

 

 

no harm in ringing CAP1 up

you can do it now they are 24/7

 

 

you'll prob have to just through a few security hoops to get passed the wolves at the door

but if you do

simply ask them the simple question

 

 

when was my last payment or use of the card please?

 

 

the claim is nowt to do with them, they wont know anything about it

so don't tell them why you want the info.

 

 

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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pm advice is not allowed

 

helps no-one bar you.

 

if every thread here resulted in it going off forum

 

no-one would benefit from reading how others dealt with their situation.

 

there is no reason to hide anything by PM

other than unwanted... pers info

 

post your info up for all to see

but redact it of pers info.

 

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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Thnks

that makes perfect sense

 

Will edit the info later today and post it up.

 

In short It looks like this is less than six years by around three months.

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I have trawled my documents and found a number of items relating to this account,

in short the account does appear NOT to be time barred its short of around three months.

 

But here's a run down of the history of the account to date:

 

The last payment on the account was 20/04/2010.

 

Cap 1 Then sent a "STATEMENT OF DEFAULT" dated 07/05/2010 and closed account letter.

 

On the 09/05/2010 Debitas were instructed to collect the outstanding balance.

 

Between May and October / November Capquest were also chasing this account.

 

I have one letter only from Debitas and one from their solicitors threatening court action nothing further was heard from them.

 

Capquest were subject of a complaint and in November wrote saying

"due to the nature of your dispute, Capquest have made the decision to close the above referenced account

and return it to Capital One in order that they may assist you further..

. Please accept my apologies for any inconvenience this matter may of caused you.

 

I am assuming from memory this was because there were two DCA's attempting to collect on the same account at the same time.

 

On 07/04/2011 a Final Demand was received from Credit Solutions, no other correspondence has been found from this organisation.

 

I have found no other correspondence from anyone

until:

08/05/2015 Capital One wrote with a "Statement of activity" this seems to indicate Capital One still had the account.

 

The next letter i have found Dated 22/10/2015 is from Cabot Financial telling me they would like to help take some positive steps to repaying my balance.

Whilst i cannot be sure this and a follow up letter dated 19/11/2015 are the only one's received from Cabot.

 

I have not been able to locate any notice of assignment and i cant remember ever having received one

though Cabot make it clear in thier letters they are the current creditor.

 

I have not since dealing with CapQuest entered into any agreement

or dealt with any of the organisations in writing at any time.

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don't speculate and/or rely upon old docs

 

 

go ring cap1 and ask them.


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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Crafty bunch,

they simply ignored the CCA,

then issued a reduced fee offer,

then stated that they had received my defence,

no defence sent just the CCA,

another offer of 50% reduction.

 

 

Bored with their games

 

 

emailed them and asked why they had failed to repsond to the CCA request etc.

 

 

As if by magic and what appears to be pretty standard now they discontinue the claim.

 

 

No doubt it will get passed on again for soemone to try ttheir luck.....

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Excellent well done Phantom943

 

Thread title amended to reflect the outcome.

 

Regards

 

Andy


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 The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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