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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Can you help in relation to a puppy I purchased from a

Resolved Question:

hi
can you help in relation to a puppy I purchased from a kennel club breeder?
Pete
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Pete my name is ***** ***** I will help you.Could you please explain your situation a little more?Alex
Customer: replied 1 year ago.
I purchased a puppy from a breeder.
My collection was delayed due to him having a foot injury.
After two days of having him we were concerned about his leg so the breeder agreed to meet us to give us some medication.
She felt he would get better.
after 9 days we took him to a vet who want us the following day to get him x rayed
I contacted the breeder who agreed to have him back for convalesce.
She has now billed us for treatment
saying the terms of her contract only gives cover for 7 days..
Expert:  Ash replied 1 year ago.
Have you seen the terms and conditions before? Were they given or explained to you?
Customer: replied 1 year ago.
Yes and we signed.
But as its clear he came with a problem and her vet has said its due to this that he's continued to be unwell. Is it right?
I no its an animal but doesn't the sale of goods act apply
Expert:  Ash replied 1 year ago.
Ok - then this is breach of contract under the Consumer Rights Act 2015.You can refuse to pay. Assuming any claim is for £10,000 or less it would be a small claim.In any event you can claim that the 7 days is automatically unfair and it would up to the breeder to show it is.S.62 of the Act states: A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.therefore you dont have to pay anything.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
At present she still has are puppy
So i guess could refuse to give him back.
Where would we stand then?
Customer: replied 1 year ago.
Should we pay and then go through small claims court
or refuse to pay
Expert:  Ash replied 1 year ago.
Then you would need a Court order to get it back.You would need to complete form N1:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdfSubmit it to Court. A copy would be sent to the other side then the matter set down for a hearing.A judge would then decide whether to make an order requiring the puppy to be given back.But yes you could pay and then sue for the cost. That may be quicker and cheaper.Does that clarify?Alex
Customer: replied 1 year ago.
can the process of taking someone to the small court be expensive?
And can it take a long period of time?
Expert:  Ash replied 1 year ago.
Fees are here:https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-courtIt takes 2 weeks if not defended and 3 months if defended.Does that help?Alex
Customer: replied 1 year ago.
Are you 100% certain that puppies fall under the consumer rights act?
Expert:  Ash replied 1 year ago.
Animals are classed as goods and therefore fall under the ActDoes that clarify?Alex
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