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    • That should nail the setaside, and see OBS off with other factors tha can be added if they try again.
    • Hi all, Unfortunately, I'm having a difficult time having recently bought a puppy with a pre-exisiting condition that I was unaware of. I found this forum after doing some research online and the feedback was really well-informed. I'd be really grateful for any advice from legal minds :)   My story (I've tried to keep it concise for clarity): I recently bought a puppy from a home breeder. They have never breed dogs before and aren't a licensed business. Our puppy was sold as having passed a full health check from Vets4Pets. Our puppy was £1,200. Two weeks after picking him up, I took him to the vets for his second vaccinations and a health check. At that point the vet diagnosed him with a "lingually displaced canine." This means that one of his lower canines is displaced and pressing into the roof of his mouth. Our puppy would have had his full set of puppy teeth by 6 weeks,  and his first health check was at 8 weeks. Therefore, this condition was either missed from his first health check, or ignored by the breeder. Either way, the condition was certainly present before we took ownership. It's a hereditary condition. I've had three quotes from different vets for removing the tooth which range from £350 from Vets4Pets to £1000-£2000 for a dental vet specialist. The hope is that, if the puppy tooth is removed early, the adult tooth will grow in normally. If it doesn't, however, the costs could be around £2,000 for treatment on his adult canine. I've given the breeder the time he asked for to consider his options. His final offer was a full refund if we return our puppy. This isn't something we want to do as we are already so attached to him. Legally, it would also create us significant inconvenience, as a replacement isn't forthcoming - or even possible. He has refused to contribute to the cost of treatment, admit any kind of liability, or give us a partial refund and allow us to keep our puppy.   From what I've read, tier two of the Consumer Rights Act 2015 may apply - and we could argue that a the return and refund offered would cause us 'significant inconvenience' and that the puppy was misrepresnted as healthy, and therefore a partial refund is in order. Again, any advice on whether I may have a case, if I take it to the small claims court, would be really appreciated.   Thanks so much.  
    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
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crazybob

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Ok not sure what to do next, so any help would be much appreciated….

 

Basically I've set a few emails to Cahoot and they have offered me £300, I replied to them saying I would accept the £300 and would they please pay it into my account. I made clear however that I would still be pursuing for the outstanding money.

 

They wrote back reiterating their position and explaining to take the matter further I would have to write to their 'Stage 2' complaints department.

 

Following that email the money hasn’t been paid into my account and so I wrote the letter below again to Cahoot customer services.

 

 

 

Dear Cahoot

 

Further to my correspondence I still firmly believe that that the regime of 'fees' which you have been applied to my account over the last four years in relation to exceeding credit limits and late payments on my loan and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

From the records provided I have calculated you have taken £650.00 plus £141.78 which you have charged me in overdraft interest for the sum which you have taken. Total £791.78

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

 

Regards

 

Crazybob

 

I sent this letter by recorded delivery yesterday and I recieved this response today...

 

Dear Crazybob

 

Thank you for your recent letter.

 

I would like to reiterate that we don't accept that cahoot's charges are unfair

or unlawful and we don't agree that the charges are disproportionate. The

charges are reasonable and proportionate to the administrative costs incurred by

cahoot.

 

As previously stated I'd like to offer to refund £300 of the charges incurred as

a gesture of goodwill. If you wish to accept this, please advise me via e-mail

stating that you accept this in settlement of your case and that you will not be

taking any action against cahoot through the courts.

 

If you do not wish to accept this and want to escalate your complaint you will

now be required to write to the Manager, Regulated and Final Stage Complaints.

This department is an autonomous body within Abbey who will review your

complaint on an independent basis. If you decide to write to them please state

that cahoot has issued its final response in relation to this matter and please

quote my name so that the relevant paperwork can be quickly obtained.

 

Stage 2 Complaints

Abbey

PO Box 911

Central Milton Keynes

MK9 1AD

 

Stage 2 Complaints will review the details of your case and carry out its own

investigation. In the unlikely event that you are still dissatisfied you can

write to the Financial Services Ombudsman at the address below.

 

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

If you have any further queries or wish to discuss anything in greater depth,

please do not hesitate to contact me via e-mail at:

service.relationship.team@cahoot.com.

 

Yours sincerely,

 

cahoot

 

What should I do now though...?

 

Should I do nothing, wait 14 days and then file against them, or should I write to ‘Stage 2’ complaints explaining the situation and tell them if they don’t respond in 14 days then I’ll take matters further.

 

Will it reflect badly on me if it goes to court and I didn't take the opportunity to write to the 'Stage 2' complaints department, who might possibly have offered me a more agreeable settlement.

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If it was me, I'd write and say "thanks, but your offer is not acceptable. You now have 14-days (or whatever) before I get legal on your ass" (or words to that effect).

 

Can't imagine it would go against you, because you are maintaining the dialog of offer and counter-offer. It's just that you've been unable to agree, which is why you are now presenting yourself before the court to decide who's right. Of course, the bank would have paid up 100% of the claim Looooonnnnngggggg before you got to court...


A&L: Settled - £6,200

HFC: Settled - £800

Shell Visa: Settled - £250

Egg: Settled - £700

Mint: Settled - £1200

RBS: Settled - £850

 

The opionions in this post are guaranteed to conform to the laws of physics, but pretty much nothing else...

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