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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience:  Over 5 years in practice
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Hello I purchased 2 female dogs from a breeder just over 1

Customer Question

Hello I purchased 2 female dogs from a breeder just over 1 year ago, the same breeder offered to help me re-home / sell a female that I did no longer wish to breed from ,, she came to my home and picked up the dog and all its paper work ,, pedigrees and everything,, she took it to a man and received the sum of £250 for her,, then she asked me if I wanted her to send the money to me which I said you can but I would prefer it if you would hold the money as the new girls she sold me will be needing to use her black stud dog,, then I will not have to find so much money to cover the cost of 2 matings for both the females..
In the mean time I have to get each female eye scored at 1 year old ,, tested for any faults,, both of the females came back with a clear eye score but one of the eye score papers had a note written on it to say she has optic nerve hypoplasia,, she is an affected dog ,, although she got a pass by the orthoptic specialist he could not fail even though he wanted to because it was not recognized as yet in that breed as a fault but is being looked into as it is known to be inherited but to what degree they do not know ,, genetically it has to come from both parents to produce an affected dog / puppy,, so as the 2 females I bought from this breeder are sisters it is not possable for me to go back to the same lines in fear of producing blind / partial sighted and some unaffected puppies,, with this knowledge I spoke to the breeder who still has the £250 of my money and asked her for the money back as I cannot risk breeding puppies with this problem from her lines ,, I can however breed out side the lines,, but she has been nasty and refuses to give me the money back ,, so my question is legaly can she with hold the £250 as she has not done anything for it ,, if I am right in my assumptions then can I ask a court to grant me assess to the eye scores of all the relatives from this line to prove there is a fault running through her lines as she told me the eye specialist had previously written same sort of things on some of the papers she has been given for her own breeding stock ,, ,, thank you Jan
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

So the £250 was in effect deposit for future breeding which is not now going to happen?
Customer: replied 2 years ago.

yes

it is the cost she charges for her black stud dog

Expert:  Jo C. replied 2 years ago.
Sorry, I thought you were the breeder?
And you purchased from another breeder?
Customer: replied 2 years ago.

I purchased all my dogs from this breeder , I intended to breed from the dogs I purchased I only have 2 girls , where the other breeder has many , yes I want to breed but only allowed so many breeding dogs before I have to be registered as a breeder .

Customer: replied 2 years ago.

hello are you still there..

Expert:  Jo C. replied 2 years ago.
She is not entitled to keep this money. If she will not return it to you then there seems to be little point in exchanging lengthy correspondence.
Send one letter giving her until Friday, 26 September to pay you failing which you will issue Small Claims Court proceedings without further notice.
Here is the link to the Small Claims Court where you can issue proceedings online
www.moneyclaim.gov.uk
it is likely that once proceedings land through her letterbox, she will pay up rather than risk going to court.
It would be different if she had done some work for the £250 but as it was paid on account and she has done no work, she is not entitled to keep it.
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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Customer: replied 2 years ago.

Hello Jo C,, if I need to gather more information about the special tests these dogs have to have before you breed from them can and how do I apply to the court to get permission to acssess all the test results for the relatives and parents of my girls ..

Expert:  Jo C. replied 2 years ago.
You cannot get this information routinely unless it was actually in the contract whereby you got the dogs that it would be supplied. If it is, then you make an application to court for specific performance or an application for delivery up to make them give you the information.

If it was not part of the contract that you would get this information, you can only make an application for "pre-action disclosure" if you are contemplating litigation because there is something wrong with the dogs and you need this information to decide whether to litigate or not.

As you appreciate, I am not a veterinary surgeon so don't know anything about what these special tests are as I am purely looking at this from a litigation and contract point of view.

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