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    • 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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louise2012

The work programme

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I did the work programme with working links. Most of the time I just went in every 2 weeks to do a one hour job search. Sometimes they just phoned me for a quick chat, so I didn't have to attend. If they think you have no chance of getting a job, then they will mostly ignore you for the whole 2 years. They have targets to meet, so they will focus on the most employable people.

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My lodger was put on the work programme

and despite my negative feelings towards them actually have paid off. within 1 month hes now in full time employment.

 

Does not excuse all the underhand stuff they pull on most people though


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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The main issue with this is that people who are sick and on ESA WRAG are mandated to do this nonsense, for many it is totally pointless because there health conditions aren't likely to ever improve enough to allow them to work, this and i would suspect even attending the WP is a challenge for some

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A question i have not sure if this is the right place but regarding universal job search i was told at the Job centre i had to choose 3 jobs to search in my commitment form is this true as whilst reading the forum its opened my eyes to how slimy these people can be.

Is this when claiming JSA (claimant commitment ) ? If so then it is whatever steps to finding work that you agreed at the initial interview ( day 1) UJ isn't it's self mandatory, but if you have agreed to use it, (claimant commitment) then if you are found not to be doing it they can raise a doubt for failing to carry out what you agreed to do,

On another note a work coach can Mandate a jsa claimant to create account & upload public CV, Subject to taking in to account their personal circumstances, such as internet access and access to a pc at home, as well as them accepting cookies , as well as any health conditions that would make attending the JCP frequently a problem

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Yes JSA claiment commitment. Reason i ask is i was really pushed into thinking of 3 jobs i could do when in truth i had major concerns about holding them down. Does baffle me how they think folk want to live off £70 odd quid a week. Thanks for your help hopefully i'm due a claiment commitment update soon either that or someone might believe i have little to no chance of getting/holding down a job.

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according to official gov sources the work programme is due to end in/by 2017 well in it's current format at least to be replaced with the Work & health programme , is it yet another evil method of persecuting the sick & unemployed, if IDS has had any say it in it no doubt it will be

 

https://intensiveactivity.wordpress.com/2015/11/28/work-and-health-programme-will-it-treat-the-unemployed-as-ill/

I'm surprised that there hasn't been that much reported about this , so far as 2017 isn't light years away,

And more alarming if true is thishttps://kittysjones.wordpress.com/2015/10/28/the-government-plan-to-nudge-sick-and-disabled-people-into-work/

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I was due to see my advisor today on the work programme, however I had to do job search instead of seeing her. Also I've had no reminders for future appointments but have to go tomorrow which I was told verbally before I left this afternoon. Anyway, do I show the letter to her tomorrow about the appointment today or should I leave it.

 

Thanks

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To begin with I actually gave them the benefit of the doubt despite knowing a guy who took a job as a zero hours cleaner, just to get away from them. He has dyslexia and they, possibly deliberately, sent him the wrong days/times for his appointments. Whenever he showed up they claimed it was the wrong day/time and he was sanctioned many times...

 

At first I was very enthusiastic & it did give me a kick up the booty. Had many interviews and new re-gained focus... until the lies started. Then the manipulation and mind games... and finally the hounding. Pretty much all the staff from the first time I attend are no longer at the centre, just a few stragglers left hanging on. Almost anything I was told by them I queried at the JCP, often to be told ' Erm no! who told you that?' when i replied it was a WP advisor they'd just roll their eyes and say 'Oh that lot?' Our JCP know they are useless, I've seen a lot of people still accessing the PCs for mandated Job Searches meaning they must have come back from being on WP and mandated to access the internet in the JC. It's a sad state of affairs. Probably some of them are dregs but I bet they weren't in the slightest on Ingeus radar... they only look at those able to make them the ££££.

 

During my time there though I found the majority of the people genuinely wanted to find employment & most were doing all the could to get themselves back into work. People also supported each other, quite a few times I was going to accept a role only for someone else on the programme to say "really going to take that job? it won't last/not contracted... don't do it" to this WP folks would be angry and snarling under their breath... At least the clients helped each other!

 

In short my time was wasted (so many late appointments with an advisor who was NEVER on time) & I have gained nothing except more anxious & unhappy. Could say it's been a contributory factor to my current status & well being. Ingeus don't care, not about clients, their lives and any genuine barriers they have to getting back into the working world. They just want money for "their part" in finding a job for you... even when it's totally useless, below your skill level, likely to leave you financially worse off & destitute... so long as they get a bonus and payout from DWP. System a shambles, Press the destruct button Please! :sad:

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In short my time was wasted (so many late appointments with an advisor who was NEVER on time) & I have gained nothing except more anxious & unhappy. Could say it's been a contributory factor to my current status & well being. Ingeus don't care, not about clients, their lives and any genuine barriers they have to getting back into the working world. They just want money for "their part" in finding a job for you... even when it's totally useless, below your skill level, likely to leave you financially worse off & destitute... so long as they get a bonus and payout from DWP. System a shambles, Press the destruct button Please! :sad:

 

My first experience of A4e left me with the firm impression of a disorganised office staffed by headless chickens who didn't have a clue what they were doing. This impression was reaffirmed at subsequent meetings where they appeared to make the rules up as they went along. Also had the long wait for an "adviser" that couldn't keep to a schedule. Passed comment that "You expect me to be on time, there is an expectation that you also do the same".

 

As for the destruct button, I have repeatedly pressed it, but like most things connected to the Work Programme, it doesn't work.


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No... you can't eat my brain just yet. I need it a little while longer.

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Headless chickens? lol! They have so much paperwork to do, possibly explains why there are so many errors in the letters they send to clients... I once had a letter sent with the "You didn't make your last app, so we have arranged a new app time/day for you"... I was puzzled as I attend every app with them, phoned the 'advisor' and in fairness they did apologise that it was a mistake. Still this is what I mean by mind games.

 

I hear next year there'll be "health advisors" appointed to each WP... & they can contact your GP too... god help anyone still attending at that time. Taking health advice from Ingeus/A4E/WL? :jaw: I think not...

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Doesn't the data protection act (because you've not given your permission) make it illegal for them to contact your GP?

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That's a point, Nystagmite. I would have thought they would need a specific form to give them permission to approach someone's GP, the same as an insurance company or an employer. I think it would be covered by the Access to Medical Reports Act 1998.

 

How would the WP know who your GP is, btw?

 

HB


Illegitimi non carborundum

 

 

 

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I hear next year there'll be "health advisors" appointed to each WP... & they can contact your GP too... god help anyone still attending at that time. Taking health advice from Ingeus/A4E/WL? :jaw: I think not...

 

I recall seeing several adverts about two years ago from various WP providers attempting to recruit "Health Professionals" to deliver certain provisions under the Work Programme. Primarily, they were looking to recruit newly qualified individuals from a variety of disciplines, if for no other reason that it would be a lot cheaper than finding someone with real world experience.

 

They would still need express and explicit consent to contact your GP and gain access to your medical records.


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No... you can't eat my brain just yet. I need it a little while longer.

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That's a point, Nystagmite. I would have thought they would need a specific form to give them permission to approach someone's GP, the same as an insurance company or an employer. I think it would be covered by the Access to Medical Reports Act 1998.

 

How would the WP know who your GP is, btw?

 

HB

 

I'd guess they'll slip in a form requesting GP's details whenever a client enrolls onto the Programme. Back at my induction I could see quite a few people scouring the forms in detail, others however happily signed away all their rights to data protection... When anyone questioned anything on these forms, the reply was always "it's mandatory that you sign, we own you now!"... :-x Lying Puckers!

 

Hopefully these plans will never come to anything. Intruding on the confidential GP/Patient relationship is bad enough but this could give WP providers another reason to gain a sanction/raised doubt... i.e.: no doctors note for one days missed appointment? Doubt raised = Sanctioned! Then the client would have to go through the appeals process, taking up more time while they struggle financially, meaning WP could put more pressure on them to take one of their 'opportunities'.

 

It's all about who has the power. Many clients are still unaware of the rights and power that they have over WP providers. Thankfully sites like these have been spreading the word.

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Hopefully these plans will never come to anything. Intruding on the confidential GP/Patient relationship is bad enough

 

There were a couple of pilot schemes being set up a while back, mainly aimed at ESA claimants. I haven't seen any reports as to whether these produced any quantifiable results. I suspect the extra costs of employing suitably qualified staff exceeded the financial returns and the pilot projects were quietly shelved.


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No... you can't eat my brain just yet. I need it a little while longer.

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Yay!!! Haven't seen a troll for a while......:welcome:

 

I'm a troll?

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I remember this being mentioned years ago and some people complaining. It was something, I do believe, about how non-medically trained people are supposedly giving medical advice. I've got a lot of complex medical problems and at times, the medical profession have said they don't know what to do with me (because I can't have a lot of medication / my situation is just too complex) so goodness knows what people from WP think they can do!

 

I also wouldn't allow someone like them access to my medical records either.

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I'm a troll?

 

No think BB suggested jonnietemple might be.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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That link doesn't work for me, louise.

 

HB


Illegitimi non carborundum

 

 

 

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The link was working yesterday, but I'm getting a "502 Bad Gateway" error which usually indicates a problem on the server hosting the page.

Did find this link to what looks like the original letter: http://54yearsintheuk.blogspot.co.uk/2012/05/open-letter-to-avanta-work-programme.html


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No... you can't eat my brain just yet. I need it a little while longer.

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I thought they abolished the Work Programme ? How can this STILL be going on ? They are worse then useless, no idea how to help the unemployed with their outdated offices and lies...

 

I've been able to put off singing on for Universal Credit for at least another month but last time I had finished the two year sentence on the WP... PLEASE don't say they'll send me back there again! Is this nationwide? Do they still have it in Scotland ? Surely not!

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PLEASE don't say they'll send me back there again! Is this nationwide? Do they still have it in Scotland ? Surely not!

 

Unless the rules have changed, I was under the impression that you couldn't be referred back to the Work Programme once you had completed a two year stint.


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No... you can't eat my brain just yet. I need it a little while longer.

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Unless the rules have changed, I was under the impression that you couldn't be referred back to the Work Programme once you had completed a two year stint.

 

 

Apologies Mr. P. can you send me a link to that please? I've been in the SG for 5 years, they're looking at kicking me off that shortly into the WRAG, are you saying this is no longer the case, it doesn't exist?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Could be referring to the new Work (and health) programme which is being rolled out across the country.

 

You can be mandated to go the WHP regardless of the fact you have served 2 years on the WP.

 

Same thing just rebranded.

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