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    • I don't know if you have seen this thread below-you should have if you want to learn how to know enough to fight off both your current claims against you. But just in case you missed it.... It contains very strong reasons why if you include them you will win in Court should they take it that far.
    • In terms of whether they were licensed or not, it's not a red herring to the extent that it would have made it a little clearer whether or not they were trading. However, if you sell a litter of puppies at £1200 each, then I think that the issue of whether somebody is making profit out of it is beyond question
    • Of course it would be helpful if it is possible to say that the breeder should have known about this – but liabilities in contract are pretty strict and so it's not especially relevant. The fact is that you bought defective goods and you are entitled to reject them or to insist on a repair at your option. You are not obliged to reject the goods. Whether or not the breeder was doing this for the first time and whether or not this breeder was doing this as their main occupation is not relevant, in my view. If they were selling the puppies for profit then it was a business matter. I don't think that they can avoid liabilities under the Consumer Rights Act simply by saying that they are a small business et cetera. It's a bit like dealing with eBay traders who try to say that they are simply private traders and not commercial traders. They are still caught by the act and they still although their customers the same level of responsibility. Where the issue of whether or not the defect could have been detected by Vets4Pets if they had exercise reasonable care becomes an issue if you wanted to join them in the action on the basis of negligence. It seems to me that they had a duty of care to anybody who is likely to be affected by the report – meaning anybody who might relying on the report when making a purchasing decision. Furthermore, they had a contract with the home breeder and if they should reasonably have detected the defect then they would have breach the contract by not picking it up. In that case you could bring them in as a second defendant relying on your third party rights which you enjoy under the Contracts (Rights of Third Parties) Act 1999.   The intention or motive of the seller – shamelessly profiteering – or otherwise – is also not relevant. The fact that they are naïve about the business is also not relevant. If they undertake to sell any goods – and maybe especially sentient beings, then they have a clear responsibility – both legally and morally to be fully aware of all aspects. In the independent quotations that you obtain, you should probably ask the question as to whether or not this defect could reasonably have been detected by the Vets4Pets exam.  
    • I'm not a dog owner so apologies if this is a dumb question. At the age when Vets4Pets did their check would it have been reasonable for this condition to have been identified? Or is it something which only becomes evident when the puppy is a few weeks older?
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    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 5 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 7 replies
    • The courier industry – some basic points for customers. Read more at https://www.consumeractiongroup.co.uk/topic/421913-the-courier-industry-%E2%80%93-some-basic-points-for-customers/
      • 1 reply
    • The controversial sub-prime lender says the City watchdog is investigating its practices.
      View the full article
      • 0 replies
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Hi there. I'm wondering if you could help.

I've got a bit of an usual BT billing issue and I'm looking for some advice.

 

I'm coming to the end of my minimum term with BT and I've placed in my cancellation. However, it turns out that due to some billing glitch, I haven't paid a single payment to BT for the whole year contract. I'm one of those who just let direct debits come out the bank without really paying close attention ( I really should.... I know!)

 

They are now requesting the full year payment upfront which I obviously cannot afford. I've logged into the BT website to check the bills incase there has been any late payment fees etc to find that absolutely every bill - clearly addressed with my details and the package that I subscribe to (phone and broadband) have all had a total balance due of £0.

 

Where do I stand with this?

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so could you not do a DD guarantee reclaim via your bank and get all the money back to pay them as ehere has it gone?

it must have gone off the bills surely?


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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I've looked... the direct debits has been set up since day 1 - the actual bills themselves have all be £0 with no payments due hence no payment requests by Direct Debits have been made.

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they are not asking for the payment upfront, you ahve already had the service, they are asking for it as a lump sum in arrears. As it is their cock up they should give you time to settle the bill, payment over 4 months would be reasonable. Your real problem is getting through to someone who can sort this out for you.

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