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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.
    • 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  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
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      I was in Sainsbury’s today and did scan and shop.
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MrNumbskull

PayPal saga

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This is a somewhat complex story, so I'll try to keep it brief. 

On 6th September, I was the victim of a very sophisticated hack.

I have no idea how it was done, and because of this it really does bother me about online security.

 

I have accounts at several online key retailers.

These keys can be bought (in the form of a code) to enter into online platforms such as Steam, Xbox, PSN etc. 

 

On 6th September I briefly saw an email from PayPal whilst I had my browser open.

It was a receipt for some game keys.

 

I did not recognise the amount (£43.99).

I logged into PayPal immediately (not following the email link) and saw three transactions.

Two transaction from vendor 'A' for £43.99 and £109, and one more from vendor 'B' on the same day for £105. 

 

I logged into the respective websites and quite clearly for vendor A, my account showed two purchases that day for those amounts.

I then logged into vendor B, and saw the single transaction for £105, but this was subject to an identification security check, so had not been processed.

This vendor B transaction was fairly quickly refunded to PayPal as I had contacted the vendor and alerted them to the dispute, along with the fact that the goods had not been released.

 

I went back to PayPal and marked the transactions as disputed.

Within a couple of hours, they replied saying that my claims were denied, and that there was no evidence of unauthorised use of my account. 

 

I appealed the decision and again, they denied the claim with the same line, that they did not see any unauthorised access to my account.

I pointed out that under the User Agreement, I would not be held responsible for transactions that I didn't make, but they ignored that.

 

I have a PayPal credit account with about £280 outstanding.

I was due to make the £100 monthly payment within a week (via direct debit), and guessed that they might try to tag these (now two outstanding) fraudulent transactions onto the DD, and straight out of my bank account.

 

I phoned the bank and cancelled the direct debit (this was on the 6th September evening).

I was not able to remove the bank account from the PayPal account as there were transactions which where pending (the direct debit I guess).

I also removed my credit card from the account on the 8th September.

 

 I have been in dispute with PayPal all of this week.

The first few replies, they suggested that it would be more convenient to call them, but I said that I wanted to use the messaging (email) system so that I'd have a copy of the dispute details. They now won't reply to my emails AT ALL.

I have told them that I no longer have access to a bank account, but I can make a bank transfer (from someone else) to cover the PayPal credit payment.

 

Forward to Friday (13th Sep), I see the two fraudulent transactions totalling just over £150 appear on my credit card statement, even though I had removed it as a payment method (and they let me) 6 days earlier.

 

I have called the credit card company, briefly explained that I removed the card from the PayPal account due to a dispute, and that they had made fraudulent debits to my credit card account several days later. The CC company blocked the card and said they would reverse the transactions.

 

The main problem (assuming the fraud on the CC gets sorted) is that I need to pay the PayPal credit statement shortly.

I was quite prepared to turn my back on them completely.

 

However, I just looked on my credit score thing online, and PayPal credit have been showing the monthly payments (all green) for the last 18 months.

If I don't pay this, it's going to damage my credit rating, and most importantly, is unjust.

 

I see there was some advice about ignoring PayPal debt which I was prepared to do, but it appears that in the case of PP credit, it shows on your file.

If there's an opinion that a single bad debt won't do much to my credit score, I only monitor it now because a mobile phone billing mistake trashed my score a couple of years ago and I din't know about it until I needed to borrow money. (In that case I contacted EE and they wiped that history and my score shot straight back up).

 

PayPal are quite slippery.

I've asked them for an address for UK legal correspondence and they ignored me.

I asked repeatedly for a way to pay them without giving them access to my bank account and they're now ignoring me.

I've reported it to Action Fraud and sent the crime number to them and they've only replied with 'call us'.

 

Advice?

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