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    • 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.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
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      I was in Sainsbury’s today and did scan and shop.
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Enforcement1968

How can I enforce a CCJ against a Limited company?

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I have a CCJ against a Limited company who did some work for me.  It is a small company, two Directors, supposedly husband and wife but this is questionable. 

 

The Judge made judgement in my favour, their counterclaim was dismissed completely.  The date of payment came and went and despite numerous attempts to engage, they refused.  They then applied to Companies House to have the company struck off the register.  I have managed to get Companies House to agree my objection to the strike off.

 

I have instructed the Sheriff's office but they hid in the house and refused to answer.  They then sent a letter to the Sheriff's office stating that the company had been wound up and no longer exists.  When I sent an email to the company informing them that Companies House have agreed my objection, they sent an abusive email to me, I've now received two abusive emails.  Amongst other things they were gloating that they were not going to pay, there is no personal liability and they've started a new company and moved on. 

 

Other than what I'm already doing, can anyone suggest any alternatives?  These people are serial offenders.  They left Australia and moved to France having set up a go fund me page to received donations for a renovation to a property for sick kids.  He has been previously bankrupt and has changed his surname so that he can become a Director of a company.  She had a company with her ex husband which went bust.  They have moved five times in 14 months to avoid me. 

 

They have claimed on their public liability insurance for the incident at my home and pocketed the money. They claim that their works van was scrapped, it's still a live vehicle on DVLA.  They started a business working in a Café and then sold it on and have not paid the business rates to the local council and now received a CCJ against a company which they are trying to close to avoid paying me.

 

  What can I do? 

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Hi and Welcome to CAG

 

I have moved your thread because you posted it in the CAG Legal Library...your thread is now in the General Legal Issues forum ..please continue to post here to your thread.

 

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Andy


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