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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I visited german shepherd rescue elite kennels in

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I visited german shepherd rescue elite kennels in Chesterfield and brought home a dog. I handed over £250. I had to return it as it was dangerous and aggressive. I have four separate witnesses to the dog's behavour. The rescue centre will not return my £250 and have blocked me from emailing them. I am a widow and a pensioner and cannot afford to let this £250 go and I am very upset with the treatment and rudeness I have received.
Please help me to get my money back.
Submitted: 9 months ago.
Category: Law
Expert:  Ben Jones replied 9 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. What did you pay £250 for, was it a purchase price or was it for vaccinations, etc?

Customer: replied 9 months ago.
I think it was a purchase price. I would not have been allowed to take the dog home unless I had paid the money over.
Expert:  Ben Jones replied 9 months ago.

When did you buy it?

Customer: replied 9 months ago.
I think it was Tuesday 03 May 2016
Expert:  Ben Jones replied 9 months ago.

When did you contact them to return the dog?

Customer: replied 9 months ago.
The rescue kennels called me a liar. A dog behaviourist recommended by my vet said the dog needed help and that she was afraid for my safety.
Customer: replied 9 months ago.
6th June 2016 to return him the next day. The rescue refused to take him back before then as they said they had no space. I made a mistake about the date of paying for the dog, it was 3rd May not 3rd June.
Expert:  Ben Jones replied 9 months ago.

In law the dog is treated as ‘goods’, just as any other item you could purchase. When a consumer makes a purchase of goods from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:

· of satisfactory quality

· as described – they must match any description given to you at the time of purchase; and

· fit for purpose – they should be fit for the purpose they are supplied for,

If they do not match the above requirements, you will have certain legal remedies against the seller.

If the goods do not meet the criteria mentioned above, you will have the following rights:

1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.

2. Ask for a repair or replacement – obviously a repair is not possible here so you would only be looking for a replacement.

As you are outside of the initial 30 days and are too late to reject the dog for a refund, you can still try and resolve this by contacting the seller and asking them for a replacement. You can quote the applicable rights you have under the Consumer Rights Act 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 report them to Trading Standards and 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 next steps you need to follow should they fail to cooperate, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 9 months ago.
The dog did not match the description given in terms of temperiment. I was told the dog was good with children and other dogs.The dog was aggressive with both and also attacked and bit me several times both in my house and in my garden and was definitely not fit for purpose, ie a companion for a pensioner living alone. I do not want a re[placement dog as all their other dogs were rejcted by us as they all had discipline - type issues and Have been misinformed of the teperament of the dog, I no longer trusted them. Have already reported them to the trading standards and also the fundraising standards. Neither organisation was able or prepared to help me. The rescue centre accepted the rturn of the dog on 25th May 2016, via email of which I have a copy and therefoe I don't understand how the 30 days had expired by then. I would be most grateful if you would explain this to me please.. * * * * *
Expert:  Ben Jones replied 9 months ago.

From your answers you said you paid for it 3 May and returned it 6 Jun?

Customer: replied 9 months ago.
Also, can you please expalin how I can keep a copy of our email conversations tonight. Also, I need to get some sleep - how do I save this discussion until tomorrow when I hope we can continue - you hope been so helpful to me.I am so sorry, I made a mistake, I have in my diary that I paid on 3rd May and returned the dog on 26th May. I am so tired .
How do I continue our conversations tomorrow.
Expert:  Ben Jones replied 9 months ago.

ok I will be online tomorrow morning about 9.30 I will reply on here so we can continue

Expert:  Ben Jones replied 9 months ago.

Hi let me know when you are ready to continue please

Expert:  Ben Jones replied 9 months ago.

Do you still need further help with this matter?

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46190
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 9 months ago.

Thank you. If you rejected the dog within the initial 30 days after purchase then you should be entitled to get a refund for it, no questions asked. If they refuse to refund you then you really have no other option apart from trying to pursue them through the mall claims court or at least using threat of doing so to try and change their mind.

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.

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