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    • In terms of whether or not this is a private sale, clearly it will be for a judge to decide. It seems to me that we have somebody here who bred a litter of puppies and has sold several of them or all of them at probably around £1200 each. I think that is very different from selling your own private second-hand car to get what you can for it in order, for instance, to buy another one. Anyway it's for the judge to decide. In terms of whether or not the seller is aware of the defects – if they are a private seller – all it really means is that they are not subject to sale of goods legislation so that a purchaser in a private sale does not have specific protections. After that you have to fall back onto the common law of contract and once again I think that the liabilities are reasonably strict and I still think that even in a private sale if you bought something with defects which was represented to you as being without defects then you would probably have a good case. In this case, the dog has been accompanied by a health certificate and I think that is as good as any kind of representation dog is without defects. I think we are coming to an altogether more interesting issue. Apparently the dental defect with this puppy is observable and could have been detected by any reasonably careful examination carried out by a reasonable professional. But apparently also there is the possibility that there may be a more complicated problem which could be addressed by work costing up to £2000. What I'd like to know is whether this more complicated problem is as a result of the failure to spot the initial problem. Even if the initial problem had been spotted, with this still be a possibility that this more complicated work would be necessary? I suppose what I'm getting to his that at what point does one decide that a defect is an unacceptable defect or simply a risk that comes with purchasing all animals and therefore could still be considered as "satisfactory" because it would meet the reasonable expectations of any reasonable pet owner. To put it bluntly: are we saying here that if you buy an animal is less than genetically perfect, that you are purchasing defective goods and you are entitled to a refund? Does this mean that all animal traders are obliged to ensure that all the animals they sell are genetically perfect? This is dangerous territory: eugenics.  
    • a dn can be issued even on one default payment.
    • I think I still remain to be convinced that a court would not find the seller's offer to take the puppy back and give the OP a full refund both reasonable and acceptable.   Ignoring that this is the sale of a puppy, isn't this more akin to the private sale of a second-hand car?   I don't really know what the phrase:  "I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business" means.  Is this a business to consumer sale, or is it simply the opportunistic private sale of puppies from a domestic litter?  I think the OP needs to establish this because it's not clear to me - yet.   AIUI, if I as a private individual privately sold, say,  a car with umpteen non-apparent faults or defects with it, but I was honestly unaware of them and could not be expected to be aware of them, then I'm not liable for any breach of contract when those faults and defects manifest themselves to the buyer a week later.  Isn't that what worried private sellers of cars are told here when aggrieved purchasers threaten to sue them?  It's not immediately obvious to me why this is necessarily any different - unless this is clearly a business to consumer sale.   The OP also says:  "Our puppy was sold as having passed a full health check from Vets4Pets", and so far as I can see this isn't disputed.  Unless that health check revealed the dental problem the OP is now complaining about, but the OP never was shown it (seems unlikely that the seller would mention it but not make the results available), then I think the seller may well be entitled to rely on it.  What more could they do to ascertain the health of the puppy?   I think this is not necessarily a clear-cut claim, and from the way the OP describes the breeder I think the question whether this is a consumer sale or a private sale may not have a black or white answer.     1.  The OP mentions following advice to buy puppies bred from a "home pet" (or similar such wording).  Not clear if this was the case here, but if it was, doesn't this suggest a private rather than consumer or trade sale?   2.  The OP also suggests that the health of the puppy was misrepresented, but is this necessarily correct?  They say the puppy was advertised as having had a "full health check", but that's not the same as saying the puppy was actually healthy.  And if it was a private sale, is the seller required to declare health problems they are aware of if they aren't specifically asked?
    • Ok,    I thought it may of helped as their DN stated 2 installments in arrears when it was issued on 10/2/17, but it would infact only have been 1 installment overdue 17/01/17.   I will keep to what I already know and stop over thinking further issues. 😁    
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bigdaddy36

Express Solicitors - Breach of Contract, court summons

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55 paras.


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23 minutes ago, BankFodder said:

55 paras.

Hi @BankFodder

 

Thank you and I have reviewed the 55 paragraphs as a word document. I have the following changes, which I have made in my local version:

  • par 27- Calls were made at random times during the day – but generally speaking when I was at work and whilst driving home after work, and it was often extremely inconvenient to take the calls. There were many calls.
  • par 42 - just changed a typo - they're..

Huge appreciation, for your help, I sincerely mean it.

 

Kind regards

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Are you able to access your call records?


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17 minutes ago, BankFodder said:

Are you able to access your call records?

i will try check my previous phone bills if i can access them.

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Sent the phone company an SAR


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thanks will do

 

Hi @BankFodder

Can i please just confirm the following course of action is what i should proceed with?

  • Acknowledge to court by selecting defend the case
  • In a few days submit the defence statement to court and copy to Express including your letter above
  • Request SAR to Express
  • Obtain letter from Doctor

I would be grateful if you could help me please.


Regards
 

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5 hours ago, Stormy1976 said:

Hi @BankFodder

 

Thank you, I intend to defend the case and go through all the steps, this will be my summer time project.


I will be acknowledging the court paper today, - it's really unfortunate that my work is so demanding and I have been on 4 meetings so far.

 

Reg settlement without prejudice - no I won't accept that and if we come to this point I will ask for advice.

 

I will review the updated account and I have called my GP too for the letter.

 

Do I still send that letter please?


Also just logging SAR on line today.

 

Many thanks

 

 

I'm going to defer on the mechanics of a defence to others,

 

But one of the most sensitive subjects that any organisation, be it private or public is around depression and vulnerable people. You only have to Google 'debt collection suicides' and it's easy to see that it's toxic for them to pursue you any further. Especially for the sake of a few measly thousand.

 

You are on a strong antidepressant, my wife is on these, they are not a joke. Anybody running a law firm should know they are not a joke. In fact Tax Credits backed down over our £12,000 over payment because of this.

 

The person with the best understanding and most to lose here is the Managing Partner, hence why you send the letter to him, who has the power to stop this in it's tracks, as opposed to some poorly trained junior solicitor just out of uni.

 

You also have absolutely zero to lose!

 

 

 

 


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Thank you so much. Yes totally agree with your the topic on MH and the dreadful  stats on debt related suicide.

Kind regards

 

 

Thank you @London1971

Reading back on the post above, you make such perfect sense and I feel for your wife that she's on strong antidepressant too. Pregabalin which i take twice a day at 100ml is a Class C prescribed drug because of high fatalities, and my GP often is surprised how I manage work under that prescription.

 

But i can only do work and home, i can't deal with a lot of other things, which  is sadly why I am here.

 

Anyway, thank you for your contribution to my issue.

 

Kind regards

 

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I'm sorry but I'm sure I've made this quite clear several times.

You file the acknowledgement with intent to defend – now.

You send the SAR – now – in fact it should have been sent this morning.


Get all the reports you can from the doctor – now.

 

SAR the phone provider to get the call records – now


In about 20 days time you file a defence. Shortly afterwards you send a copy of the defence to the claimant. With a copy of the letter which I have suggested or something else which you prefer.
 

And then what I didn't tell you so far – but you really should be doing some reading on this in order to understand the steps because this is meant to be a self-help forum and therefore I shouldn't need to tell you is that normally you would file a defence within 14 days of receiving the claim papers. By sending an acknowledgement with intention to defend, you get an extra 14 days so you have 28 days altogether since receipt of the papers to file a defence. Because you don't want to be a moment late and you don't want to rely on the postal service too badly, I suggest that you send your defence to the court at day 20 – day 22.

This is assuming that you are finding it by post. It seems to me that the claim has been issued on paper – not online. You should have a look at all the papers you received to see what it says about filing a defence.

If it's been issued online then you would acknowledge with intention to defend online. Whatever you do, don't get it wrong because you will dig yourself deeper into the whole that you have already dug for yourself.

I think it's about time that you started taking some responsibility and that means that you should start reading around on this forum about bringing a small claim in the County Court and also about defending. It's important that you understand the steps. Your opponents – you are solicitors understand the steps fully. You probably won't manage to understand all the ins and outs as well as they do – that you can do pretty well in order to gain confidence and not be fazed by the things that come your way.

Do you understand the situation now?


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In fact do I gather that you haven't sent the SAR yet to Express?


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By the way, if you send the acknowledgement by post – which I believe that you will have to, then you should send it by registered special next day delivery. Keep it tracked and follow it.

When you send a copy to the claimant, then you can send it by tracked first class post.

Also, I see that they have indicated that any hearing should be held in their local court – Manchester.

Of course when it comes to allocation you will be given an opportunity as to which court would you prefer the matter to be heard – and you will give the name of your own local court. Because you are the defendant and also because you are a litigant in person, the case will be transferred to your local court. However, when you get that allocation questionnaire, let us know and we will make sure that you are able to fill in correctly and to your greatest advantage.


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Also, have you contacted your insurer and inform them that you are going to be bringing a claim against the third party?

Also, do you have the identity of the third party and all of their details insurance details et cetera?


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Hi @BankFodder

 

I have submitted the SAR electronically maned for Expresses  data protection officer as advised on their website and about to post the acknowledgement to court-  next day delivery and signed for.

 

The court papers were issued to me by post, there are options to respond by email, but I haven't got the patient with our flimsy scanner -so going to post them.

 

I have read a bit on the forum and i endeavour to do a lot more of it to familiarise myself with the County Court stuff-as you say above, albeit I might not understand everything so will be here asking sensibly. ( I am also not English!- so certain terminology might be an issue)

 

I understand I am in a bad place- and I will fight it even though they are sharks!

 

Thanks and have a good evening.

Kind regards

 

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Where are you from? Do you have a pronounced accent? Do you think you have a good ear for English?


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Thank you @BankFodder

 

I haven't contacted my insurance yet but i will do so this week, it's been so much to take on from yesterday. I have submitted the SAR, completed the acknowledgment, and contacted my doctor so will see him tomorrow.

 

I will now write to the MD as you suggested. I have made a list to follow the sequence of events.

 

I am from South Europe, and i have lived here for 22 years. I got educated here to Master's level.

 

I have a very good ear for English- married to an Englishman. I head up a Transformation  department in a local government establishment, so I have 12 Project & Programme Managers i hope i understand them and so do they. But obviously i didn't study law.

 

And thanks for all your effortless contribution, and the strong push..to get things done. I do work very hard, 10 hour day- particular now at this time- but still now excuse to be slack. So thank you once again.

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thanks. I was hoping that we might be able to leverage the fact that English was not your first language and that it was obvious during the telephone call and yet they continued to recite their are legally technical script at you when it was obvious that you you might not have been fully able to understand.

It seems we'll leave that one alone

 


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Ah I would have liked that. Thanks Bankfodder.

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You haven't responded as to whether you have actually sent off the sar today


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Hi @BankFodder

 

i replied to an earlier post stating that I have sent the SAR letter attached and   by email this afternoon.

 

I have directed the SAR letter to Express solicitors Data officer 

 

her direct contact details were on Express website. 


thanks for checking though. I would have probably missed it if it wasn’t for one of you’re earlier posts.

 

thanks for today- and have a good sleep. 

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Good morning @BankFodder@London1971

 

Just a quick update, -

  • SAR to Express Solicitors - submitted on 29/6
  • SAR to telephone provide - to be done today
  • Acknowledgement letter to court - 30/06/20
  • Doctor letter- 30/06/20 - expected
  • Letter to MD of express - 30/06/20 (yet to be sent)
  • Defence -  submit in about 20 days
  • Read on this forum about County Court Claims- ongoing

 

Thanks for your help to get me to this stage. 

 

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Excuse me but what letter are you proposing to send to the MD of express?

I'm not sure that I suggested you should do this. Please don't send anything until we know what it is


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1 minute ago, BankFodder said:

Excuse me but what letter are you proposing to send to the MD of express?

I'm not sure that I suggested you should do this. Please don't send anything until we know what it is

Oh Ok, i am going to check the links above, there was a letter put together which suggested I send to Express solicitors... let me check.


I might have got it completely wrong.

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The only letter which I suggest you send was one which accompanied the defence when you eventually serve the defence on them.
 

If anyone else suggested a letter then that was wrong.


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20 hours ago, BankFodder said:

 

 

Okay at some point you will file a defence. Then within a couple of days of that you should send the defendants a copy of the defence accompanied by the letter which I have suggested below if you're happy with that.

It's a pretty abrupt and aggressive letter. You can amend it to suit your own style.

 

Did you give them any indication that you were in shock or in depression at the time that you had the initial conversation with them?

@BankFodder ok, so it was a bit intense the past couple of days therefore apologies for confusion. The above letter goes to the defence team. Am i right please?

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Once again, it's been explained.

When the time comes to send a copy of the defence to express then you accompany it with the letter which I have suggested or something which is more to your taste.

You make no other communication with express at the moment – other than the SAR.


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