Taking a breeder to small claims court

[hightail]

3 hours ago, Irena said:

Could someone argue that (and I'm going to use an actual good because it's easier to imagine) say I bought a new boiler and it broke down over Christmas. I then contact the seller saying "the boiler is broken, I'm getting it fixed because it's cold and I need it fixed asap" and use my insurance, and then ask the seller for a discount (which is, admittedly, lower than the cost of fixing the item). 

 

This is where the problem lies in the law which regards animals as 'property' and when buyers refer to the Sale of Goods Act for remedy.  No decent owner wouldn't attempt a speedy 'repair' i.e. veterinary treatment when needed, in fact not doing so carries the risk of prosecution.  Question is, have you lost the chance to reject the goods if you do so and can you hold the seller responsible for the cost of the repair?  A true emergency repair probably isn't what most owners would want though there is a fair point that costs should be kept to a minimum if it's undertaken.

 

Exactly how long after purchase was the disease diagnosed?  If the kitten was apparently healthy for a reasonable period after purchase then there's no way the breeder could have known.  FCoV has next to no symptoms (if any) and you have correctly identified the stressors which can cause seroconversion. Did the kitten come with a period of free insurance and did you keep this up?  If you did what exactly are you claiming from the breeder?  The excess maybe?  If more, what and why?

[hightail]

When you buy a fridge you are happy to reject the goods if they're 'faulty'.  There isn't any emotional involvement, I've never known anyone bond with a fridge.  You reject it, send it back and get your money back.

 

On 06/01/2020 at 17:40, Irena said:

Diagnosed about 8-10 weeks after purchase

 

This is quite a long time.  I've known of kittens seroconverting because of the stress of rehoming but it tends to happen quite quickly.  In those cases the new owner is absolutely entitled to reject the kitten and a refund of the purchase price.  You don't get to keep the goods and get your money back though.

 

Is this cat a registered pedigree?  How old was it when you picked it up?  Something isn't right here.

[hightail]

And I feel for you but I wouldn't do you any favours if I didn't point out all the complications.

If GCCF registered then this kitten was at least 13 weeks old when you got it and had a complete record of two vaccinations yes?  It's another point that this means it was vet checked - twice, vets do a complete health check including weight when you take kittens in for vaccs at 9 and 12 weeks.  This means the breeder has 'expert opinion' as to the health of the kittens just prior to sale.  Difficult to point to negligence with this background.

 

I'm not saying you're wrong, just pointing out what you'd be up against.

[hightail]

Of course you can argue it but that doesn’t mean you’d win.  If the breeder is refusing to speak to you you would probably win by default as they’ll not bother replying to a court claim. Then you’d have to take action to recover whatever you were awarded because a breeder like that isn’t going to pay up.  The chances of you ever getting paid anything are slight.
 
I honestly think a better course of action is putting a formal complaint in to the GCCF first.  It would cost very little and if upheld you could use it in any future proceedings.

[hightail]

From what you’ve said so far you weren’t sold a sick kitten.  You were sold a kitten which ‘probably’ carried FCOV - as do an estimated 80% of the feline population.  They’re not considered sick unless and until they convert to FIP.

 

What are are the dates on the kitten’s vaccination record?  You say selling under 13 weeks isn’t a problem but there must be a clear 7 days from second vac before a kitten can leave the breeder.

[hightail]

Pretty sure your complaint will be upheld then.  It used to only be a recommendation that kitten’s were kept fora week after second vac but it’s been a rule for a fair few years.

[hightail]

You can use the fridge argument which is perfectly correct.  What I said at the start is that the same argument is simplistic where a living being is involved.  Where will your presumption get you if the breeder can show clear titre tests for their cats?  I’m not saying they would/could but they might.  You can’t know.

[hightail]

Right with you there, just pointing out it’s a risk you take.  You can’t prove the kitten was +ve when you bought it whereas they can (potentially) prove it couldn’t have been.

[hightail]

6 hours ago, Irena said:

(they can't make me claim on insurance I think)

I think you’re probably right though if it is brought up that you have insurance it may be questioned why you choose to go after the breeder instead.

 

As a general point for anyone reading this, and as I wrote in the guidance on buying a kitten, there isn’t a single good reason for a breeder not to provide a free period of insurance.  It costs nothing, in fact we’re rewarded for doing so.  

 

[hightail]

42 minutes ago, BankFodder said:

We are discussing a simple contract for the purchase of goods here

In theory yes but in my experience if these things get to court all sorts of things come up.  I've tried to suggest the sort of things I know have made a difference in the past so the OP is aware and ready.  I've never known it be as simple as a defective fridge.

Edited January 7, 2020 by hightail

[hightail]

What type of FIP does the kitten have?