Licensed breeder Puppy farm & genetically sick pups.***Settled***

[BankFodder]

I'm sorry but I am not sure what else to say to you about this

[Lesley A]

please do not give up on me sir.

i am trying desperately hard.

As a society, she cannot get away with this. I am trying to hold a puppy mill to account. It is not just about compensation.

She has been doing this for years without being held to account.

I would obviously prefer not to delay further by agreeing to set aside and I have to consider, even if I did, how I would make this more concise.

Which of these are uncoverable damages please, I could agree and amend if I no how but asking for a refund, the cost of replacement item and vet fees in the initial days following purchase appear the least i can ask for.

You advised I could not claim for the surgery he needed because I had not paid for it yet so I crossed off all of the surgeries he needed and only claimed for the above 3 things.

If it were you, how would you make it more concise. what would you delete/add.

Chances of a successful overturning of the order? 

How am I responsible for her costs when she obstructed service ( I have months of texts off her - not one with a spelling issue and never a request for verbal communication), and insisted on the court action in writing.

I have the envelope marked by Royal Mail with her refusal to accept service. Constant obstruction to justice.

Should I agree to set aside, offer out of court opportunity to settle then go again ? but again, how do I make this more concise.

Do I reduce the breaches? reduce the text content within the allegations? 

If I have to list her breaches by literally going through her license obligations, how do I reduce it if thats how many breaches were there.

Should I reduce the ones I cannot prove such as NO license being displayed. It was not, its a license breach but i do not have paper work for it to prove it. I note the denials come on points I cannot prove although I had a witness who can verify. 

Then leave the allegations I have receipts/reports for?

Bump up the Consumer Breaches ? 

Could I make it more concise by simply putting the things she has admitted to in the particulars only deviating from that where I have evidence of things in the denials?

I appreciate its been a long thread but few hold puppy farmers to account so these cases rarely even get to court. 

I cannot control how long it goes on for or how many interactions/documents/orders or letters will crop up throughout.

However, this is real and it helps others who will hold puppy farms to account - it also highlights the issues that are faced when you are going it alone.

Please continue to support me through this process.

If I agree to the return then re approach this, do I advise them of that.? I need to choose my words carefully.  

I do not want them to be able to say that I cannot go back again if I consent to an overturn.  do I give a date when the next claim will follow ? do I mention anything about a follow up claim ? 
 

[honeybee13]

Hi.

What do you mean by the overturn please?

HB

[Lesley A]

A Notice if Discontinuance.

• they claim invalid service ( she spelt a wrong letter when forwarding her reps details). 
• they claim this was due to dyslexia.  
• they are also claiming some of my allegations have no evidence.  
• one advisor said it’s rarely overturned so wait to hear but they are putting her fists on me for not signing discontinuance consent.  

BF says agree to discontinue ,

make particulars concise

but I do not know how, an approach methodically ?????

How, what does that mean.

I thought I had !!!! 

thank you. 
Sir, 

what should I do? 
Isn't service to their sister company close enough? 

he includes an email between himself and his client in June where he asks if she’s has provided me with their details, she confirms the address she gave me ?

He did  not correct her with those details it went to another firm that was theirs ??? 

Will they win ? 

if I agree to consent as you say and point out costs are their own if I agree,  does signing it mean I cannot re claim - abuse of process? 

Then would you continue to support with new PoC?? Being concise etc.  

Do I point out I will be issuing again ? 

I don't want to sign something that says I can’t make a new claim  against her  

it’s hard for people like me.  

To do this with no help is impossible. 

Do you think the focus of the particulars should be SOGA centred/focussed rather than any of her license breaches

I cannot prove on paper (I thought my witness counted as evidence) - would that make it more concise. eg I use one breach as her license states she should have it on display.  

My witness saw that but I don't have paper proof I could delete that breach and others where I considered the witness was evidence ? 

I can prove she misrepresented as I have her original ad.

Leave it at that for the particulars.  

I'm entitled to a refund, replacement and costs of vet fees if I stick to this rather than licensing breaches that a witness is needed to evidence ??? 

Breaches re his care I can prove with the vet reports of his condition 48 hours after purchase ? 

I am going to follow your advice to agree to the consent order and go again more methodically but I want to ensure the correct wording.  

Do I simply email saying I will sign the consent form if she agrees to pay her costs to date and leave it there.  

Do I ask for the wording to reflect on the consent order I sign.

 Do I get him to, this time, confirm he will receive service this time to the correct address - or nit mention coming back again yet ? 

I do not want to make this worse or sign a consent order unknowingly signing to say I will never return to claim either.  

Do I have to write saying I’ll sign a consent order with a ’why’ explanation of why I’m agreeing now? 

* line 4, word 4 of previous message should be costs not *

[honeybee13]

I've altered your post to show the correct spelling.

HB

[honeybee13]

Do you think the focus of the particulars should be SOGA centred/focussed rather than any of her license breaches

One small point. The Sale of Goods Act was replaced by the Consumer Rights Act in 2015.

HB

[Lesley A]

Hi. 
noted and thank you. 

How do I word the letter needed that you advised to accept signing there consent form?

Do I simply state I have reconsidered and will agree to sign the consent upon agreement she pays her own costs???? 
That’s all I write? 
Do I mention further action?

Does the consent form he provided stop me making a fresh, methodical,  concise claim and when can I make the new claim?

Please advise.

I feel stressed that I should be addressing this asap.  
 

[dx100uk]

they have written the consent order have they not?

as long as it does not say something like this consent order settles and prevents etc 'this and any future claims' or 'all and any future claims' simply agree to it, if you have a copy already, simply sign it and return a copy to them .

issue your N279 to the court and send the defendant a copy too.

 

[Lesley A]

Many Thanks.

This is the order. Just checking please.

Theres no mention of the things you refer to but the costs part is my query.

Do I need to contact him by email prior to signing for the acknowledgement of the breeder paying her home costs.

If its a stay of execution for a month - do I still complete the N279.

If I need a more concise claim - does this rout offer me the chance to put a new set of particulars together that are more evidence based and concise? 

Is this rout basically a whole new claim?

whoops the Order:

Draft Consent Order - stay of execution(22349545.1).pdf

[dx100uk]

why redact the date...

put it back.

dx

 

[Kyosanto]

@dx100uk I don't think she's redacted the date. It's just left blank to be filled when signing, no?

[AndyOrch]

Its a request to stay the execution of the default judgment...given you have not started execution there is no requirement to agree to the consent. However its also a request for you to consent to a set a side application which without your consent they would find it very hard to achieve success.

As for the reserving of particulars then simply send them a further copy of the particulars.

You cant discontinue the claim now given you have judgment so forget the n279.

 

Andy

[Lesley A]

Didn’t realise I had redacted the date.  
I’ll check and correct if so.  
luv the emoji lol. 

Its a request to stay the execution of the default judgment...given you have not started execution there is no requirement to agree to the consent. However its also a request for you to consent to a set a side application which without your consent they would find it very hard to achieve success.

As for the reserving of particulars then simply send them a further copy of the particulars.

You cant discontinue the claim now given you have judgment so forget the n279.

extremely grateful for this.  

[AndyOrch]

11 minutes ago, Lesley A said:

Didn’t realise I had redacted the date.  
I’ll check and correct if so.  

You didn't ,that's for them to complete should you agree to the consent..which I advise you not to as per my previous post.

 

 

 

.

[jk2054]

No dont consent for discon or set aside.

Continue and let it sort itself out.

Shes in the wrong and she knows it

[Lesley A]

Thank you both this.  
I appreciate the clarity. 
I will continue and update you.  
I am just waiting to see what the courts decide. As you previously advised, a successful application by them will override any JECO I have started.  
however, tbh, I have responses for their application and proof she decayed to accept delivery by Royal Mail etc so I think if u have not from the courts by 2/1/24, I’m going to start HCEO.  

 I am appreciative of your advice and ongoing support.  
I will come back with updates but wish you all at the site team a great Christmas and new year holiday.  

[Lesley A]

Hi,

 

Update:  I have just received the following by recorded delivery.

Following their initial contact a couple of weeks ago, I forwarded a copy of the particulars which has been defended now.

FYI: just noted in her solicitor's witness statement, he shows original emails from the breeder to him in June when I notified her of a claim.

She contacts him, he asks if she has provided their details for service, she replies yes and confirms to him which address she gave me.

He did not correct her on that address, or advise her it was going to their sister company so she would have to resend the correct details then quoting them for her.

He did nothing to ensure she forwarded amended details and his sister company surely forwarded those particulars onto him. ?????

Many defend with claims of invalid service but does the Judge not then assess how close those docs to be serving correctly - hence their solicitors sister company is close enough. 

He is asking in the accompanying letter if I will confirm I will not start HCEO before the courts have decided their outcome.

If I start HCEO will they have collected before his heard thus paying me. He is very insistent on me agreeing not to action the HCEO and I get the vibe its because they would have collected the debt before the courts get to their application. Why is this an issue to him if he knows  that even if i started HCEO, the courts would cancel it out whilst they assessed his application anyway. Do I consent or do nothing - do I have to respond to this yet or wait for the courts to write me direct?

 

 

stimmler order.pdf

[AndyOrch]

I would hold off on the execution (if not submitted yet)now given they have now made application to set a side. If you could redact upload a copy of the their statement in support of the application please Lesley.

 

Andy

[Lesley A]

Ok - will do.

For future ref, its only my details I redact ? none of theirs?

His statement is below. He has made his statement based on inaccuracies. 

My Letter of notification included the potential quoted costs of the surgeries he needed, whilst under her care.

I did not know of this Forum then so initially, I went to Trading Standards who said breeders had to be informed of all that was wrong with him and liable for the surgeries he needed. That's the thousands of pounds they refer to in terms of an unrealistic amount. 

Regardless of those quotes, Ben Fodder levelled my expectations and said I could only claim for the things I had actually paid out so when I produced the Particulars, I only claimed the refund, a cost of a healthy replacement item and vet fees.  Its the claim I actually made right?

He cannot judge me based on things I had been told I could claim and included in the approx costs she could face if the case went ahead. I did not claim them but he is deflecting there.

The court will only judge me based on the actual claim ?

stimmler statement..pdf

[AndyOrch]

4 minutes ago, Lesley A said:

For future ref, its only my details I redact ? none of theirs?

Correct ...no need to upload the n244 again. Their application will only be considered on if the correct process has been followed not on personal details submitted within the statement.

 

.

[PIXeL_92]

@Andyorch - Just an FYI if you open a raw PDF that has had the marker tool used over it you can still just open in Firefox, highlight the text and copy it out. Would suggest digital PDFs like this is to "print" them as a PDF then edit over them.

[AndyOrch]

Post unapproved please do not post external links to legal websites

[Lesley A]

Just an FYI if you open a raw PDF that has had the marker tool used over it you can still just open in Firefox, highlight the text and copy it out. Would suggest digital PDFs like this is to "print" them as a PDF then edit over them.

thank you and noted.  
 

[Lesley A]

Update:

I have received notice from the court that a hearing is set in person for 17/1/24 for their application to be heard.

What should i do to prepare, what should i prepare, is my focus  on how they were served and evidenced or my original claim or just their side to be heard ?

i know how to behave and present myself but what docs do i need and what is my point - the case or the service issue or both?

 

notice of hearing cag.pdf

[AndyOrch]

You can submit your own statement in response with objections as to why the application should be dismissed.This must be filed and served on the defendant not less han 7 days pre hearing.