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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We bought a parrot 3 months ago but he became ill and we took

Customer Question

We bought a parrot 3 months ago but he became ill and we took him to the vet we paid 995 for him and av had to pay 700 pound in vet bills unfortunately our parrot died and has been diagnosed with the bornavirus we have asked the breeder for the payment of the bird and vet fees he has offered us 995 for bird and no vet fees can we take this to court
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Is the virus something which should have been obvious beforehand?
Customer: replied 1 year ago.
The vet says the virus is in other birds the breeder has been sent all xrays and notes our vet has also sent swobs to America to make sure she is dealing with the rite virus the breeder offers us 500 then I said we wanted 1300 for our African grey and half of the vet bill he said no and only offerd us the bird amount back
Customer: replied 1 year ago.
Geordie was only 7 months old when he died we only had hin for 2 months
Expert:  Ben Jones replied 1 year ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. When you buy a pet from a business seller, you can treat it just in the same way as ‘goods’ you purchase from a shop. As a consumer you will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
First of all you need to determine if this was a business seller. If this was just someone who bred the bird privately and not in the course of a business then you will not be able to rely on the above legislation. However, if he was a commercial breeder and did this as a business, for example had breeding facilities, etc. then you can rely on it.
The law states that the goods must be of satisfactory quality and as described. If they are not, you will have certain legal remedies against the seller.
This means the animal should be in good health. If it is not then you can reject it and ask for a refund within the first month, but if you are too late you could ask for a replacement. They have offered a refund but you could still try and pursue them for the vet bills you had spent in trying to put the matter right. You are not guaranteed to get the full amount back and usually it would only be what was considered reasonable and necessary in the circumstances but you should be able to get something back.
You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to start legal proceedings to seek compensation for your losses.
This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to take this further towards the legal route, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
So does this mean I can now go thru legal proceedings and maybe get all that I have lost
Customer: replied 1 year ago.
Would he pay solicitor costs or would we have to
Expert:  Ben Jones replied 1 year ago.
As a claim will go to the small claims court, each party will pay their own legal fees, so you pay your own and they pay theirs. But you do not need a solicitor for this, you can pursue the claim yourself. You can proceed if you wanted to but don't just jump at taking legal action straight away - there are a few other steps you should follow first and I can discuss these with you. In the meantime please kindly leave your rating for the response so far, thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes plse disgust these with me b4 I go further with legal proceedings
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due. 2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far. Hope this helps.
Customer: replied 1 year ago.
Cheers ***** ***** ur info
Expert:  Ben Jones replied 1 year ago.
you are welcome, all the best

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