Jump to content


  • Tweets

  • Posts

    • The firm has benefited from the AI boom, making it the third-most valuable company in the US.View the full article
    • Former billionaire Hui Ka Yan has been fined and banned from the financial market for life.View the full article
    • In terms of "why didn't I make a claim" - well, that has to be understood in the context of the long-standing legal battle and all its permuations with the shark. In essence there was a repo and probable fire sale of the leasehold property - which would have led to me initiating the complaint/ claim v SPF in summer 19. But there was no quick sale. And battle commenced and it ain't done yet 5y later. A potential sale morphed into trying to do a debt deal and then into a full blown battle heading to trial - based on the shark deliberately racking up costs just so the ceo can keep the property for himself.  Along the way they have launched claims in 4 different counties -v- me - trying to get a backdoor B. (Haven't yet succeeded) Simultaneously I got dragged into a contentious forfeiture claim and then into a lease extension debacle - both of which lasted 3y. (I have an association with the freeholders and handled all that legal stuff too) I had some (friend paid for) legal support to begin with.  But mostly I have handled every thing alone.  The sheer weight of all the different cases has been pretty overwhelming. And tedious.  I'm battling an aggressive financial shark that has investors giving them 00s of millions. They've employed teams of expensive lawyers and barristers. And also got juniors doing the boring menial tasks. And, of course, in text book style they've delayed issues on purpose and then sent 000's of docs to read at the 11th hour. Which I not only boringly did read,  but also simultaneously filed for ease of reference later - which has come in very handy in speeding up collating legal bundles and being able to find evidence quickly.  It's also how I found out the damning stuff I could use -v- them.  Bottom line - I haven't really had a moment to breath for 5y. I've had to write a statement recently. And asked a clinic for advice. One of the volunteers asked how I got into this situation.  Which prompted me to say it all started when I got bad advice from a broker. Which kick-started me in to thinking I really should look into making some kind of formal complaint -v- the broker.  Which is where I am now.  Extenuating circumstances as to why I'm complaining so late.  But hopefully still in time ??  
    • At a key lecture in the City of London, the shadow chancellor will also vow to reform the Treasury.View the full article
    • Despite controversy China's Temu is becoming a global online shopping force.View the full article
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Cat Food


Zooz
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 965 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Can anyone help me with some advice. My cat went onto a commercial, raw food diet. Was doing very well on it for about 3 weeks. Then suddenly was in violent pain. It turns out, there was a sharp bit of bone in the food which lodged in his gum. He was unable to eat for 2 days and required emergency surgery at the vets which left us with a large bill.

 

We have the piece of bone the vet dug out and we have the tub with batch number.  The company have stated that their own regulations only allow for bone pieces to be up to 6mm and this was a cm. I believe this company failed in its duty of care and my cat nearly died. Do you think the company has any moral obligation to cover vets bills/damages/compensation?  I feel it's equivalent to finding some glass in your ready meal and ending up needing to go to A&E for emergency mouth surgery.  There have been no similar bits of bone in further tubs as I have sieved through them, but I am also shocked that 6mm bits of bone is allowed too as even that seems too big. Thanks.

Edited by Zooz
spelling error
Link to post
Share on other sites

It's not a question of moral obligation. It's a legal obligation.

I think the answer is very definitely that if they have caused injury to your pet as a result of a piece of bone contained in the food then they would be liable for that damage.

If the piece that you found was 1 cm – that means 10 mm which is substantially larger than their own stated limits – according to you.

I think you will need a vets report.

Well done on keeping the piece of bone – but be careful. If the manufacturers or the resellers ask for the bone, you must not give it to them. Give them photographs – good photographs – but you should not part with the piece of bone.

The people responsible here are the resellers. Even though it's not their fault, they have a strict contractual duty to supply you with goods which are fit for their purpose – and clearly that was not the case here.

When did you buy the food? What was the cost of the vet bill? Is the cat now okay or is there still treatment to come?

 

Please will you tell us the brand et cetera of the cat food. Maybe a picture of the tub

Link to post
Share on other sites

Thanks for your reply. 

 

We went through a series of questions with the company who wanted to know if we had defrosted the product correctly,  we had, that we had not cooked the product, we had not and then the advisor said they allow for bone bits up to 6mm. It turns out the bone in our tub was almost a cm. Around 9.5mm

 

They have seen a picture of the bone and they then asked for it so their lab can analyse it. However when discussing sending it by recorded delivery and us wanting it returning by recorded delivery so that we could attain a second opinion if we disagreed with their lab, they instead decided that their lab no longer wanted to see it.  It concerns us that they have not taken this incident seriously and made sure this doesn't happen again. 

 

An advisor then moved on to try to claim that because the bone was more than 6mm, and that their bones go through a grinder twice, that the bone could not have been from their product.

 

Fortunately, not only did we witness the incident occur while our cat was eating the product, as he suddenly stopped eating and began pawing at his mouth in pain and distress, he is also an indoor cat and has no access to other food or bones. We can be certain therefore the bone came from the product. 

 

Our cat is allergic to ketamine and has to have a specialist vet.  The fees were approaching £500. Plus travel £40 and a days lost income. Not to mention a great deal of distress. 

 

Cat is doing ok now and has recovered. The offending food was bought about 3 weeks ago and the company is Natural Instinct.  The tub just shows the batch number.  

 

We have been in discussion with the company itself, although the reseller has been hugely supportive and empathetic, they have not mentioned their potential liability. 

 

The MD of NI wants to talk over the phone, even though I requested a resolution by email. 

 

An advisor had previously offered a £50 NI voucher even though I had already stated I was moving my cat off NI and onto nutriment as I couldn't keep on sieving through their product as it was time consuming. 

 

 

 

Edited by Zooz
Link to post
Share on other sites

First of all the defensive attitude of the manufacturer is not surprising.

Secondly, as I said your action is actually against the retailer. Have you involved the retailer at all? Even if for the moment you proceed against the manufacturer, it would be a good idea to let the retailer know and in fact make them feel that they are under threat of a legal action because that will help to put greater pressure on the manufacturer.

You have already seen that they are acting defensively. You should not agree to let them have the bone even if they undertake to let you have it back by recorded delivery because you can't be certain that you will get it back and it's not accidentally lost.

You could discuss with them letting them have a portion of it so that they can examine it and check that it is actually from the kind of animal from which the rest of the food was made. I expect that this is probably why they want to analyse it and I can't see that there will be any objection to this.

I certainly don't think that you should allow them to have all of it – and as I have said, make sure you have got excellent photographs of it from every direction – if you haven't done this already.

In terms of recovering your losses. I think that they are all recoverable. If you recover your losses from the retailer under a breach of contract then you will only be able to recover your actual losses which include the vets costs, travel costs and also I think the loss of pay which you have suffered by taking a day off.

If you want to try and recover from the manufacturer, then I think that you may well be able to persuade them to pay you something else for distress – although distress wouldn't normally be a recoverable head of damage.
On the other hand, they may well want to manage reputational damage.

There is a real possibility that they may agree to settle with you – but on conditions of confidentiality and that means that they would require you not to start disclosing information on the various forums.

Frankly I think that there is a general interest for all animal keepers/lovers to know about this kind of thing and at the outset you talked about moral responsibilities – and I think that there is a moral responsibility not to give the manufacturer the benefit of any confidentiality agreement.
Firstly, having it known by other pet owners would put pressure on the manufacturer to up their game and to make sure this kind of thing doesn't happen again. Also, by letting it be known by other pet owners would also help them to understand that something can be done and they don't simply have to accept the situation without getting some compensation.

Let us know how you want to deal with this. We will help you all the way.


I'm pleased that the retailer is supportive – but I wouldn't have expected anything less and pardon my cynicism, but I can imagine that in the back of their mind they have their own liability in the matter in consideration and they probably realise that the more they can help you with against the manufacturer, the less likelihood there is that the focus will fall on them when it comes to the question of compensation.

If you had to sue the manufacturer then you could sue them in negligence. If you had to sue the retailer then you would sue them in contract.

What is the value of a days loss of income? Can you tell us a bit about the distress you have suffered?

Link to post
Share on other sites

  • BankFodder changed the title to Natural Instinct - Cat Food

Thanks for clarifying the legal framework.  I've never experienced a situation like this before so it really helps and thankyou for your offer of support.  Not a huge amount in wages lost, in a bit of shock for a couple of days followed by a significant amount of stress  and anxiety, disturbed sleep albeit temporary over a week or so and then back to normal now.  

 

It will be straight forward getting a vet report if needed. Do you think it advisable to have a chat with the MD over the phone about this? The reseller was aware of the situation as it unfolded and has said he will email company if needed. 

Edited by Zooz
Link to post
Share on other sites

I would set about information gathering before contacting anyone.

 

This means a proper report from the vet. See also if the vet s prepared to make a separate report about the bone which was discovered although the vet may consider that they are not qualified to do this.

 A proper list of your losses - detailed.

And also I think that you should itemise the way in which you feel that you suffered distressed. You can refer to the cat, how long you have had the cat, what the cat means to you. Do you have a family? What the cat means to the family? Did you anytime feel that you might lose the cat?

Post it here so we can have a look.

 

Damages for distress wouldn't be a huge amount and it's important not to look as if you are making a money grab but I think that it is reasonable to expect that some measure of compensation should be asked for and given.

 

 

 

 

 

 

 

Link to post
Share on other sites

Ok, thank you. If I do enter a confidentiality agreement (and I take your point about my moral obligation here), would you be ok about removing my thread?  I had wanted to just gather information first.  I see the title has been changed already. 

Link to post
Share on other sites

I've changed the title back because that was done by us. However I'm afraid that we don't remove or alter content unless it may be possible to identify an individual – in which case we will attempt to make the necessary edits.

 

You shouldn't worry about this at this stage anyway, if the manufacturer is really invested in the quality of their product then you can tell people that on this forum and we will be very pleased to congratulate them for it.

This is how real reputations are made.

The real test of the company is not how things go when everyone is happy – that what happens when things go wrong.

Link to post
Share on other sites

In fact looking at trust pilot, it seems that this company is not unfamiliar with contamination issues in their product.

 

UK.TRUSTPILOT.COM

Do you agree with Natural Instinct's TrustScore? Voice your opinion today and hear what 26 customers have already said.

 

46% of reviews have given the company one star or two stars and most of the issues seem to be with contamination followed up by poor customer service.

Also

 

 

WWW.VETTIMES.CO.UK

Natural Instinct has recalled five of its product lines after they were discovered to be

 

WWW.INDEPENDENT.CO.UK

Two owners and around 50 cats infected by Natural Instinct's wild venison product, vets believe

 

And there is a risk that contaminated raw food may even put you – the owner – in danger

WWW.LEIGHDAY.CO.UK

The five TB cases were distributed across areas of England and Scotland at low risk of endemic bovine tuberculosis, said the scientific report, Transboundary and Emerging Diseases.

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...