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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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There, some advice please..We recently put our two

Customer Question

Hello there, some advice please..We recently put our two little dogs into kennels for 5 nights whilst we took a holiday to get over the upset of my fathers death a few weeks ago, and the subsequent stress of dealing with probate etc. The dogs had stayed here on 2 previous occasions for shorter periods of time.
The kennels were made aware repeatedly that my little toy poodle Pepe was a very nervous, skittish rescue dog who had been badly treated in the past and, in the 2 years he had been with us, he had over bonded with me. They were told that he would need a lot of love & attention and most importantly, that he would try to run off and find me given the chance. We were assured that the dog's wellbeing and security were of prime importance.
On the night we returned from holiday we were telephoned to say there was 'a bit of a problem' with Pepe as he had got out through a door left open by a kennel maid and had been missing for over 4 hours in the freezing cold, pitch black and in an area unknown to him.
We searched until midnight, along with kennel staff and we resumed at daylight. I was absolutely devastated and verging on hysterical.
My daughters, husband and I miraculously found Pepe alive during a massive search we made for him that morning. The kennel staff were nowhere to be seen.
My husband has explained to them that the terrible stress of this has totally negated the effects of the holiday and they know that I was totally distraught. Pepe is a member of our family. I now don't feel able to ever leave him anywhere again.
They have apologised, calling it human error. I feel it is negligence. We asked for some compensation for our ruined holiday but they refused. They bought me some flowers and offered a months free board for the dogs...as if we would ever take them back there! They have offered to pay the vets bills, although fortunately Pepe's injuries were not too serious. We also have flights booked for May to visit our son in Spain and these will have to be cancelled at a cost of £260. We can't get travel insurance as we have both had cancer and so his money will be lost.
I would like to know whether you feel we have a case for negligent care against the kennels and what we could make a claim for. I am of course ecstatic to have Pepe back but this should never have happened. I await your reply. Christine *******.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex
Customer: replied 10 months ago.
We want compensation for the distress caused, the fact that the de-stressing effect of the holiday to help my grief after losing my father has been totally negated by returning to this situation. And the fact that due to their negligence, I have lost all faith in kennels and will lose the money paid for flights to visit our son in May because I feel unable to leave the two dogs anywhere now. It is a miracle that Pepe wasn't killed and he could have caused an accident too. It was only due to the kindness of drivers slowing and pointing us in the right direction that we eventually found him after 16 hours loose. He is a very small, toy poodle and it was a freezing night. Do you think we have any claim against the kennel owners who have admitted 'human error' at leaving a door open, causing this to happen?
Expert:  Ash replied 10 months ago.
How much do you want to claim?
Customer: replied 10 months ago.
Hi Alex
We think half the cost of the ruined holiday we returned from - £600. Also £261 for the flights that will be cancelled in May and the vets bills £46.69. We had also paid a total £100 deposit for kennel fees which have not been returned.
Do you think there are any legal grounds on which we could claim any of these or anything additional for distress caused? Regards. Christine.
Customer: replied 10 months ago.
The holiday as £1,200. We can provide evidence of all of these expenses, including the May flights.
Expert:  Ash replied 10 months ago.
You need to write and set out your losses and request a refund (of those losses) within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Thank you but I am unsure about what we could legally make a claim for. They have agreed to refund the vets fees and the £100 deposit but are we legally entitled to claim for part of the holiday that we feel was ruined (but in law may not stand up in court), the flight costs that will be lost in May as I don't feel able to leave the dogs again anywhere (again, would this be a legally viable argument) and can anything be claimed for the distress caused - would a court agree with that?
I already know about small claims courts procedures. My reason for asking your advice was to find out what, if anything, we could legally claim due to their negligence.
Expert:  Ash replied 10 months ago.
They are in breach of the Consumer Rights Act 2015 by failing to act with all reasonable skill and care. Therefore I think you have a claim as the losses are reasonably attributable to their breach of contractDoes that clarify?Alex
Customer: replied 10 months ago.
Okay, one last thing, should we just pluck a figure out if the air for distress caused? Trust me, it was very traumatic. The little dog has been badly affected too, he's started peeing in the house and won't leave my side. Would £500 seem a reasonable amount?
Expert:  Ash replied 10 months ago.
Yes £500 is reasonable. That is for a lower end loss for distressDoes that help?Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Yes, thank you for your help. I am happy to pay the fee.
Expert:  Ash replied 10 months ago.
Thanks and good luckAlex
Customer: replied 10 months ago.
Hello Alex, we did as you said but have received a solicitors letter saying there is no merit in our claim. Please see attached. Could you advise please. Regards. Christine.

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