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sparkeyrjp

Kennel cancelled booking for dog ***Resolved***

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Understood , so my next step is to consider LBA , then MCOL .

Apart from court fees , it looks like , if I loose , I could be stung for defendants expenses .

So I have to be 100% sure of success , and it is looking like my success is hanging on the whim of a judge .

And me being accurate with the relevant sections. , which should be this , Which I have now read through .

Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 ,paragraphs 61/76 excluding para 75.

I assume my claim would be phrased thus

"Return of half of monies paid for Kennel boarding fees ,in contravention of Consumer Rights Act 2015 UK Public General Acts2015 c. 15PART 2 when defendant refused to accept dog due to suspected illness , half claimed as half settled by insurance  "

 

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I've just looked through this whole thread again and I have some questions to ask.

To begin with I suddenly realise that you have never mentioned any figures here. So how much are we talking about? How much did you give them? And presumably they are saying you can't have any of it back.

What do you do with the dog as this can also were prepared to take it?

I'm reading it again and I may have a couple more questions


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The total amount was around £450 and I paid in full

I think you asking what we did with the dog , we are lucky to have a daughter ( a single mum with son )who jumped in to help straight away .

She moved back home with our grandson and dog sat

 

Edited by sparkeyrjp

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Thank you. You shouldn't be claiming for the return of half the money. If you are claiming on the basis that this is an unenforceable penalty or an unenforceable unfair term, then the entire term of the contract. The void and unenforceable and there is no power in the courts to make an apportionment.  Therefore your claim must be for the entire £450. Personally I wouldn't allow them to get away with any unfairness. I'm extremely dubious about the other term which apparently allows them to take ownership of the dog if it is not collected within 14 days.

They are only entitled to recover any administrative expenses caused by any breach – assuming that the breach is yours. Have you asked them to account for the £450 and to explain why this might amount to their administrative expenses? Of course it can't possibly do because as that is the full cost of keeping the dog then there must be a margin included in the £450 which represents their profit – otherwise there would be no point in them running the business.
Of course, if the breach is theirs then they would have to return the £450 to you plus any other losses that they had caused you. For instance, if your daughter had been put to any loss which you had to reimburse her for then it might be reasonable for you to claim that as well. Let us know.

Have you send them a letter of claim yet? If you want to be super-nice then you might offer them a small sum by way of administrative expenses as an alternative to forcing you into legal action. I would suggest no more than 70 quid – but I think first of all I would invite them to account for the £450 and explain why they say it equals their administrative expenses.

I don't expect that you will get any reasonable answer and they will simply say that it is in their terms and conditions – but at least you will have something in writing from yourself – and then from them to show firstly that you have tried to be reasonable about your approaches to them and secondly that they are merely relying on terms and conditions and it has nothing to do with administrative losses
 


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I will try to break down the answers to individual points

Thanks for taking the time to offer considered replies

 

RE admin fee offer I addressed this in post no 4, and was questioned as why I was offering , confused !

But I can revisit that with an offer ,

Not sent a LBA or formal letter as opposed to email as yet , which I can do

 

I have addressed the question of their losses in a roundabout way , they bleat on about it being , unfair that they kept a booking open for me , and would lose money by refunding me

 

 Yet  in another message they tell me they had to turn down many requests for bookings , to which I have suggested they would have to prove they were not able to fill the vacant place at short notice ,so having  minimal losses  . I have covered losses indirectly .I will though ask directly for them to quantify their losses in this specific instance .

 

My daughter moving back home incurred  us or her no additional expenditure ,in fact for her , she would have had less outlay , think “bank of mum and dad “😘

With regard to claiming the whole amount , I take it I should address this in any CC action, then  indicating I will be  refunding the insurance company , as the kennel are already aware the insurance company have settled on half of the amount in question

 

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Okay, you're not in any particular hurry so I suggest that you write to them and ask them if they will account in detail as to why they consider they are entitled to retain the entire £450 and whether they believe this reflects their administrative losses and if so you believe that you are entitled to a detailed breakdown of those losses.

I would be careful about the letter not to couch it in terms which might be interpreted as an admission by you of any breach of contract.

You can post a draft here if you want.

I think that you can look forward to issuing a claim in January. I think it's very important to send the letter which I have suggested here and so I can't really see that you will be in a position to issue any claim until the New Year.
It will of course have to be preceded by a letter of claim which you will probably send a few days after having received their reply to your enquiry – or in any event in the first week of January.


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Thank you very much for your reply , and recommendations.

I will start composing and refining a draft letter , and get back with it for your comments .

It will take a day or so , in order I can write , think and refine .

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If it takes that long then it's too complicated and too long


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First draft

 

"In order to lay this matter to rest , I ask you to account in detail why you consider you are entitled to retain the full amount of fees, and if this fully reflects your administration  losses by refusing to accept out dog .If this retention of fees reflect your costs , please supply a breakdown of those costs. Also evidence you were not able to fill the vacated place .

To be clear , do not refer back to your terms and conditions , I have explained previously that Consumer Rights Act ,Part 2  Unfair Terms over rules them .

I await your considered reply within 14 days . If I receive no reply or unsatisfactory reply . My next communication will be a letter before action , followed by action in the  County Court  ."

 

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Quote

First draft

 

"I do not accept that it is we who breached the contract but in the event that that is the case, I ask you to account in detail why you consider you are entitled to retain the full amount of fees, and whether this fully reflects your administration  losses by refusing to accept our dog .

If this retention of fees reflect your costs , please supply a breakdown of those costs. Also evidence you were not able to fill the vacated place .

To be clear , do not refer back to your terms and conditions , I have explained previously that Consumer Rights Act ,Part 2  Unfair Terms over rules them .

I await your considered reply within 14 days . If I receive no reply or unsatisfactory reply . My next communication will be a letter before action , followed by action in the  County Court  ."

 


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Thank you

Although I am sure their fall back will still be T&Cs.

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I'm sure you're right but there is no point in prompting them. Simply send the minimum


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Thank you , will get it on headed notepaper and send signed for .

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Why headed note paper? Are you a business?


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Sorry , just meant as a formal letter with my address , and addressing the owner by name and business name and address

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Matter resolved !!

I finally received a response to my email sent  to the kennel  28th November .

In that mail  I had pointed out that their T&Cs are over ruled by CRA , and it was on that basis I would be proceeding , they had previously written that they had legal liability insurance , and were happy to defend , I suggested they contact their advisors to explain CRA .

My guess is that they did and were advised to settle which they have done .

It was only due to their lack of response that I came here for advice on how to proceed .

And I am grateful for your time spent in considering the problem and advice given.

They are settling on the remaining  half of the fees  ( remember the insurance co have already paid me half of the fees )

I am contented to accept this , even though they still end up with a healthy profit on the transaction , there was always a chance I might not be successful in court .and end up with egg on my face . With the insurance pay out I now have no financial loss .

I know this will not be entirely satisfactory from your point of view. But for me ……..

If anyone asks me to recommend a kennel , I know one I will not recommend

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Well done and thanks for the update and conclusion.

Thread title amended

 

Andy


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That was quick! Excellent news, sparkey, well done.

 

HB


Illegitimi non carborundum

 

 

 

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Well done. Don't worry about us not being pleased. We are very pleased for you and the most important thing is that you stood up to this kind of thing and you have a better sense of your rights in the future as will anyone else who follows the thread


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Donation made

Now on to my ongoing tussle with BT/Lowell , read elsewhere

 

Rod

Edited by sparkeyrjp

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