Thank you. I'm sorry that you feel that you have to protect the breeder. It's unfair to the animals and it's unfair to other potential purchasers. If you win the case then I think you should publish all the details. As you can see, the breeder is challenging your claim for the cost of the puppy because you still have possession of the puppy. On that point the breeder will be successful and quite frankly I would surrender that point as quickly as possible because you will be better off arguing winners rather than maintaining the week part of your case. The dispute as to the original amount that you were claiming from the breeder I'm afraid undermines your position in respect of your failure to observe the correct pre-action protocol. Although you obtain a refund later on, the fact is that you move very quickly and as far as the breeder knew, they were resisting a claim for £1400 vets fees – and on that basis, they were absolutely correct and your claim form now shows that they were correct to resist that. I'm afraid that is slower and more careful approach would probably have given time for your negotiation with the vet to have produced the reduction which you eventually received – and even if it hadn't, at least you could have shown that all of the steps you took were completely justifiable given your state of knowledge at the time. I wonder if you explained all of this to the MoneyClaim staff when you talk to them about the necessity for a written or telephoned warning that you are going to bring a claim. I think you are likely to win the case – but with the caveat that I have outlined above, especially in respect of costs. I think you are likely to be awarded costs of a claim for £800 – but there is an element of doubt in respect of that the basis that you failed to observe the pre-action protocol correctly and it is clear that the breeder is well aware of this and has made a point of referring to this in their defence. So your chances of recovering your £800 are good. Your chances of getting all of your costs are slightly less good. However, I can imagine that the breeder will be obtaining their own statements and so for from their own vet. I can imagine that their own vet will not want to be shown up for having missed some important indications of a disease and so I expect that the breeder's veterinary statements will be extremely supportive of the breeder's case. You will need to marshal as many statements and as much evidence as you can. On that basis of course your own vet's statement will be important – but also some corroborative evidence of how this disease develops and how long it is likely to have been present et cetera and why the breeder's vet might have missed it. This will be extremely useful. You may will have to pay a fee for this information and I would suggest that you send a warning to the breeder that you will be looking to get this corroborative evidence and that if a fee is involved then you will be asking the court to include this as part of the award when you eventually win the case. Unfortunately, you haven't included the costs of this kind of evidence in your claim – and that's because you move very quickly before being fully prepared in terms of evidence. I hope you don't have to go down this route again, but I suggest that if you do, that you bide your time a little more and make sure that you have got all your evidence together and you understand exactly what the costs might be of evidence gathering and so forth before you then go ahead and issue your claim. Of course best of all will be that you come here first. When I say that I expect that you will win, I would say that your chances are better than 80%. Normally I prefer much higher odds than that but you have issue the claim and so clearly you will have to go ahead with it. Can you confirm that the hearing really is on 6 October? Has there been an directions questionnaire? I wonder whether it is possible that you have interpreted the deadline for the submission of the directions questionnaire as being the date of a hearing. Even directions questionnaire by 6 October would be very fast but as I have said, a hearing date of 6 October would be really quite remarkable
are you saying the driver is resident in foreign parts? dx
with regards to costs being different they are correct. All together we originally paid vets 1400 pounds they then refunded us after we challenged some of the costs and they refunded us part. Hence only claiming for the 800. We had one photo with the puppys eyes open but whose to say it was even him and that's irrelevant as the state of him when we got him home wasn't the same state as any previous photos. I contacted swansea council and they told me that they hadn't said that to them and quoted to me what they actually had said via email. After all is said and done ill happily name breeder but I dont want both our addresses being online for all to see.
CEL 2017 ANPR PCN - Burger King, West Forest Gate, Wokingham, RG40 2AT - First contact 32 months since 'breach of terms'To update, still no response from CEL to my snotty letter. Have they vanished.... hmmmm.... doubt it!
Hi, Member at a David lloyd for now over 12 month period on a family platinum - £240 per month Issue one: DD paid of March, club closed 10 days in march. Offered member vouchers (5) or restaurant discount. Refused this via email several times in June and also contacted Manager. Manager responds today, advises no monetary refund for the 10 days as they were forced to shut due to covid "no one is getting a refund and nor will you". Q: Is this even legal? Issue two: Discussed freezing membership on 18th Sept with Sales Manager, provided proof of surgery, email proof. Manager responds today advising freeze from October 1st to Dec 1st (For FREE - Woo...). Q: Should the freeze not commence from date of request? Should there be a refund for the period 18th - 30th Sept for the one party on the membership? Q: Can I use this freeze/unusable gym time to utilise a 3 month notice In general, experience over past 2 years with DL has been shocking and they don't care about their members. Hope anyone can comment. Thanks!
Ahmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall noticesAhmed Alwaheeb's firms sold cars riddled with faults – and which sometimes had government recall notices. https://www.consumeractiongroup.co.uk/topic/427369-ahmed-alwaheebs-firms-sold-cars-riddled-with-faults-%E2%80%93-and-which-sometimes-had-government-recall-notices/&do=findComment&comment=5071860
@curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
@skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
Jennyripper1974 posted a post in a topic,I’m in desperate need of help
I bought some clothes online in may through Evans and paid through PayPal
returned them all seven days later
I waited the 14days for my refund and no refund came
I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it.
evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
I contacted PayPal
they said the dispute had been closed but Evans at no point had attempted a refund.
fast forward to today
I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
I’ve also contacted their customer service too
all I get is PayPal have cancelled refund because dispute is still open.
I have proved that the dispute is closed
I have got an email saying that if Evans sent the refund they would accept it
but up until the date I got the email they have not once attempted a refund .
I have sent them a letter before court email
I have even offered to have the full refund as a gift card just to get this sorted !
I’m literally at the end of my tether and don’t know where to turn next !
i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
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