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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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Badger91

lowell and cap1 debt - if they fail my CCA - is a section 10 notice still applicable?

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no you do not enter into pointless letter tennis?

they know the rules alot better than you appear too.!

 

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

this is sounding rather freeman of the land tactics to me you've followed?

 

 

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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No dx,  you are mistaken, I changed my name back in 2017 for personal reasons I am not going disclose on here and informed Capital One, I have updated all my creditors every time I move, I don't appreciate your assumptions,  the CCA request and the section 10 was found on this forum, I have asked for your advice on how I should proceed.

 

I am aware the debt is mine however do not agree with the balance that is stated, if no CCA agreement is found I won’t be paying, as I was under the understanding that no further action could be taken to enforce the debt. 

 

if the CCA is found, and they provide a full statement showing how they have calculated the balance then I will pay if it turns out to be correct. If it is different then I will pay what is actually owed.

 

I am not claiming to be an expert on the matter that's why I came to a site such as this for advice.

 

Plus why are you assuming I have moved as I have not included my address in this forum,  Lowell already had my correct address, so I haven't informed them of a changed of address as it is correct. 

 

I am thankful for everyone's advice including yours however I do not appreciate your aggressive tone with your ............s on the end of your replys,   what's that about ? And your assumptions,  if you do not wish to answer my questions then don't, but I am asking for advice because I require assistance, you reply as if you expect me to know.

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Loads of people do move home,  that's why, with Lowell , you need to specifically update them with your address each time you move otherwise they will, almost without a shadow of a doubt issue you with a Court Claim that you won't know about until one day you get turned down for credit or a mortgage.

 

On the other hand, if you CCA request Lowell they will almost definitely not be able to come up with the goods, and the loan will become unenforceable.

 

We are sounding harsh because it really is that simple!


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1 hour ago, dx100uk said:

is a cca request a good idea as they have already failed it?

though you appear to have moved etc and changed name

was that to avoid debts?

 

london1971, I get that completely,  however that's not what dx said, he said I appear to have moved, I haven't said I have moved, how does it appear I have moved throughout our discussion on this thread that that is the case, and how does it suggest that I haven't updated anyone as to where I live, because I have updated Capital One  and everyone else where I live that is how Lowell contacted me. 

 

On another note, if a CCA has been requested and it has not been provided, then can a court claim be still issued, would I have to go to court and make that point that the CCA was requested and that the debt had become unenforceable unless it can be provided in court ? 

 

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Okay lets calm matters down.....yes a lot of assumptions which are made because normally posters fail to explain the finer points which affects the advice given.Its not aimed at you personally Badger.

 

Send the CCA request I have posted......lets see what transpires.Yes DCA still issue claims irrespective of a valid CCA request and none compliance...but as long as you defend a claim...they will have to disclose it.

 

Regards

 

Andy


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Hi andy, 

 

I cannot send your CCA template as I have already sent my own copy, and they have already acknowledged the request, the time limit expired yesterday that's why I was going to send the section 10 along with the following letter to back my self up, in your opinion should I still send it or not ? I'm not sending the section ten any more, but I am unsure on the one below, I dont see why it is pointless letter tennis, 

 

 

 

                                                    

Lowell Financial Ltd,
Ellington House,
9 Savannah Way,
Leeds


LS10 1AB

Lowell Financial Ltd, 
PO Box 1411 
Northampton
NN2 1QR
1st July 2020


Lowell reference number: 
Original Account No:

 

SENT BY ROYAL MAIL NEXT DAY GUARANTEED DELIVERY SERVICE 

 

Dear Sir/Madam

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT.

 

 Thank you for your letters dated 17/06/2020 and 18/06/2020 which my original deedpoll documents were attached to, the contents of which have been noted. each letter were both in response to my change of name by deedpoll and my CCA request which was resent to you on 15/06/2020 under my new legal name.

 

 On 11/06/2010, I made a formal request for a true copy of the Credit Agreement for the alleged account under the Consumer Credit Act 1974 Sections 77/78. A copy of my request is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account is now in default as of 
01/07/2020.

 

 The document that you are obliged to send me is a true copy of the executed Credit Agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both the original creditor and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

 

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

In addition a full statement of this account should have been sent to me detailing all debits and credits to the account as proof of ownership of said account.

 

 Please note the following:

 

 I have made you aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a Credit Agreement to be carried out before your client enters into a default situation. This limit has now expired.

 Section 77(6), of the Consumer Credit Act 1974 states:

 

  “If the creditor fails to comply with Subsection (1)(a) He is not entitled, while the default continues, to enforce the agreement. Therefore this account has become unenforceable at law.”

 

 Under the terms of statute law you have failed to comply with a lawful request for a true, signed copy of the said Credit Agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested.

 

 Consequentially any legal action you pursue will be averred as both unlawful and vexatious. Furthermore I shall counterclaim that any such action that constitutes unlawful harassment.

 

 Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a Credit Agreement is a very clear dispute and as such the following applies:

 

 ▪ You may not demand any payment on the account, nor am I obliged to offer any payment to you.

 ▪ You may not add further interest or any charges to the account.

 ▪ You may not pass the account to a third party.

 ▪ You may not register any information in respect of the account with any credit reference agency.

 ▪ You may not issue a default notice related to the account.

 ▪ You must remove information logged with any agency which you claim you assert the rights to.

 

 You have 14 calander days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are legally obliged to supply.

 

 I would appreciate your due diligence in this matter.

 

 I look forward to hearing from you in writing.

 

Kind regards
 

badger91
 

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Send the above letter if you wish...its not really required, the CCA request is self explanatory in itself and they are fully aware of the consequences of none compliance.The above could be construed that you are desperate for them to find it and respond....which of course  is the last intention.

 

Andy


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Yup they haven’t responded best to leave it. Don’t pay them anything or speak to anyone at Lowell.

 

It’s highly unlikely they will pursue any court action with you.

 

last time I CCA’d Lowell , it took them more than a year to come with an ‘agreement’. it turned out to be almost illegible and they ended up closing the account and removing it from my Credit File.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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