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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience:  Over 5 years in practice
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I recently purchased a dog from a breeder in consett and was

Customer Question

I recently purchased a dog from a breeder in consett and was told that if i had any problems to return the dog for a full refund but as yet have recieved no refund,what can i do to solve this
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Have you returned him?
Customer: replied 2 years ago.


Within 24 hours she had practically destroyed my home when i was told she was house trained then she also tried to attack me

Expert:  Jo C. replied 2 years ago.
Yes, so have you returned this dog?
Customer: replied 2 years ago.


Yes I returned the dog

Expert:  Jo C. replied 2 years ago.
What was their response?

Did they say they would offer a no quibble guarantee in writing?
Customer: replied 2 years ago.


I was told verbally and i also have text messages to this effect and still have no refund

Expert:  Jo C. replied 2 years ago.
No, but what do the texts say exactly?
Customer: replied 2 years ago.


Asking for my bank details to send a refund,which i sent and saying if iam not happy i can re collect the dog as it is my property

Expert:  Jo C. replied 2 years ago.
Thanks for the information.

This is a very difficult situation really. You can always sue here

www.moneyclaim.gov.uk

Even if they are commercial breeders this would not offend against the sale of goods act. A dog that needs time to settle into a property is to be expected. Dogs are not usually problem free at the outset.

I suppose you could try to argue that there was a misrepresentation but saying that a dog is house trained is not the same thing as saying that it is not destructive or aggressive. Most puppies are destructive for a short time and they only stop with work.

However, you say that you were offered a no quibble guarantee of a refund. They may deny that but the fact that they've sent texts suggesting they were about to refund supports your account.

Also, overall since they have the dog back to sell again, unless they are going to try to argue that his value has been reduced because you have had him a short time, which is very unlikely to be accepted, they have provided no consideration for this contract. What they should have done if they wanted to pursue that is refuse to take him back. They can't take him back and refuse the refund.

Probably if you sued them then they would just throw their hand in and pay.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.


I will be looking at legal action as the dog was 14 months old and i was misled from the start and iam now £500 out of pocket

Expert:  Jo C. replied 2 years ago.
You need to be careful with the misleading point.

Saying that a dog is house trained does not mean they are not destructive or aggressive.

However, saying that you will get a no quibble refund and then not providing it is misrepresentation.
Jo C., Barrister
Category: Law
Satisfied Customers: 69512
Experience: Over 5 years in practice
Jo C. and 3 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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