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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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t1grm

Virgin cancelled my holiday

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I just got an email from Virgin saying my package holiday to Antigua in October is cancelled. The flights are still available so I assume it's an issue with the hotel.

 

I've been offered a refund or rebooking with potential price difference. I checked on their website and the cheapest holiday to Antigua on the same dates (same flights different hotel no car rental) is £800 more than what I paid for the original booking with car rental in January. Surely if the hotel pulls out then they are obliged to place me in a similar hotel for the same price rather than just cancelling?

 

If I rebook with another travel agency now I will never get the prices that were on offer in January so will probably just have to scrap the holiday and go somewhere in Europe. Have I got any rights here or am I on a hiding to nothing?

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Posted (edited)

I'm not a lawyer, but since they offered you a full refund already, I don't believe there is much else you can do. For flights all you would be due is a full refund if given over 2 weeks notice. For package holidays I believe the rules are even less stringent, but maybe someone can confirm.

 

 

Let's face it, you're probably not going to be able to travel to antigua in August anyway, and unless you have caught Covid19 already and recovered I seriously recommend you don't travel. Compared to my experience with LastMinute where they won't either bother refunding you, Virgin seem to be nice folks. You could try and ask them to move your holiday back 6 months and see what they can do?

Edited by Kyosanto
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Yeah I think you're probably right. I cancelled it anyway because the balance was due on the 10th July and I thought if I held out for an alternative and rejected it I might loose my deposit. Virgin are not answering calls from anyone not flying within 14 days by which time  the balance due date will be well past. I didn't want to pay the balance just to keep my deposit and get it all back in 4 months. Better to cancel the whole thing and get my deposit back now.

 

The holiday is in October so I think it will be fine to travel by then. I still plan to take a holiday on the same dates but I doubt I will get 10 days in the Caribbean (or anywhere long haul) for the same price so will probably go somewhere in Europe. It's just frustrating when I see basically the same holiday advertised on the same dates but for 50% more than the one they just cancelled.

 

I'm not too worried about Covid 19 and plan to travel as soon as the quarantine rules are lifted.

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