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    • By the way – here's a troubling little question: – If the puppy were to be returned to the breeder, the breeder now finds that they have on their hands and unsaleable puppy. What do they do? Put it down? Abandon it to a rescue centre? I think that when people decide to buy designer animals, then they need to reflect on this.   It may become a loving pet to the new owner – but maybe it is simply "goods" to the breeder.
    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred – so that effectively there is no breach. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
    • Thanks LFI, the more ammunition the better, and I am always grateful for that.
    • Thanks DX i was a bit hasty posting it up.   Mind you, legal letters are just so unconventional the way key dates just blend into text. In any other kind of letters these dates would be given paragraphs on their own. This is the legal world I am now well and truly entrenched in though!   Anyway, I'll keep reading up on the website, and as you say this forum.
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Hi 

 

I'm self employed and undertook some work for a guy I  did a bit of PAT Testing for 3 years ago 

I stopped when he had a complaint  as I wasn't happy with it and with his unprofessional manner which involved him  trying to persuade  me to carry on without a legal requirement   which was calibrated  equipment 

 

However I have a few other jobs which I did for him  the same customer but different retail outlets that were signed off by the store manager  stating that they were satisfied with my work and the work was complete

The guy is refusing to pay me  it's only £950   but it's the principle  how do I write a final letter to him  before starting a small claim.?

 

Thank you 

 

Andy 

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you head the letter as a letter before action and then you say how much money is owed and why ( so £950 for agreed PAT testing at xxxx on such snd such dates invoiced on xxth of yy 2017) and that this amount still hasnt been paid despite previous requests. Give him 14 days to either pay or state why the money is not due or you will use the small claims procedure to recover the money plus your costs and interest.

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