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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70643
Experience:  Over 5 years in practice
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We are cat breeders and imported a stud kitten from Russia a

Customer Question

We are cat breeders and imported a stud kitten from Russia a few weeks ago for £1,800 + £600 shipping. No contract was signed. After just two weeks the kitten was found dead. A post mortem did not show up the cause but the vet did state there was no trauma to the body so it could not have been any negligence on our part.
The breeder is refusing to replace as we do not have a cause of death.
Is there anything we can do?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

I presume the sellers are based in Russia?

Customer: replied 1 year ago.
Expert:  Jo C. replied 1 year ago.

I presume you didn't pay by visa ?

Customer: replied 1 year ago.
No, paid by bank transfer
Expert:  Jo C. replied 1 year ago.

You do have a claim as this is a contract to which the CRA would be relevant. Also there is a distance selling issue.

Clearly this was an animal that was not in a condition that was 'fit for purpose' within the meaning of the Act.

The problem is that they are based abroad and you did not pay by visa. You cannot sue the debit card or transfer company as they are not liable. You could sue the seller but that is not cost effective to do abroad and anyway near impossible to enforce even you were successful.

Sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
What is CRA ?
Expert:  Jo C. replied 1 year ago.

Consumer Rights Act.