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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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We bought a family protection dog from a company who specialise

Resolved Question:

Hi
We bought a family protection dog from a company who specialise in protection dogs. They have a good reputation. The dog was 5 years old, was sold as second hand, we were told he wouldn't tolerate other male dogs but was good with children, it cost quite a lot of money. We stated we wanted it to be a family pet as we have several children. Within 2 weeks the dog snarled at one of our children, we called the owner of the company who reassured us, this happened several times, with all of our children over a period of 7 months before we returned the dog, as we and one of our children were badly scared by it snarling twice in a week. Where do we stand with getting money back, we have returned the dog, all the documentation and stated we can not afford to lose the money we paid for the dog, as we do not feel he was fit for purpose.
I would appreciate your advice as to how we take this forward.
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How much did you pay for the dog?
Customer: replied 1 year ago.
£6,000
Expert:  Jenny replied 1 year ago.
Have you asked for the money back? If so what was the response?
Expert:  Jenny replied 1 year ago.
Hi Jill I can see you sent an email asking for money back, have you received any response to that email?
Customer: replied 1 year ago.
We sent an email to the owner stating that we couldn't afford to lose the money and that we would like some money back, we didn't state an amount as we felt we had owned him for 7 months, so we shouldn't get the full amount back, we sent our bank details and we hoped that he would take the initiative and return some money. We returned the dog in November, I spoke to him in early December, as I was working abroad at the end of November when the dogwas returned, and he said he would try to sell the dog on for us. When he asked how much money I would want on resale I stated £4,000 plus and he stated I wasn't going to get that much for a second hand dog who was 6 years old. I thought this was wrong as we had been sold him 8 months earlier for £6000 and didn't feel a dog, that was second hand when we bought him, should depreciate so much in such a short time! He is quite a scary man, although he company is reputable, so I didn't state that on the phone to him, but made it clear in our email sent in early Jan, to which we have had no response.
Expert:  Jenny replied 1 year ago.
OK no problem, I think you need to be a bit firmer with him. You should send a recorded delivery letter to him stating that the dog was not as described (child friendly) and not fit for purpose or of satisfactory quality (according to your requirements). You should state that you make an offer to settle for £4000 and if this is not paid within 2 weeks you will bring a claim in the Small Claims court for the full purchase price and let the court assess the value of the dog to you for the period you owned him for. You do have rights in relation to the purchase of animals under the Sale of Goods Act. You will have to provide evidence to the court , most probably orally that the dog was not as described/ fit for purpose/ of satisfactory quality. Hopefully sending the letter will result in a reasonable solution to the problem. If it does not you can raise a claim at www.moneyclaim.gov.ukIf you have any further questions please ask. If I have answered your question I would be grateful if you would kindly take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. Thank you and all the best.
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Customer: replied 1 year ago.
Thanks for your help.
I will do the rating now.
Regards
Jill
Expert:  Jenny replied 1 year ago.
Thanks Jill all the best.