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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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Can I forward my email to Fitzpatrick's Referral complaining

Customer Question

Can I forward my email to Fitzpatrick's Referral complaining about my cat's treatment?
Submitted: 23 days ago.
Category: Law
Customer: replied 23 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 23 days ago.
I didn't realise this was an open forum with published answers.
Customer: replied 23 days ago.
Perhaps I should just get a refund as I was unclear of the nature of the help provided.
Expert:  F E Smith replied 23 days ago.

It is an open forum but no one knows who you are or where you are including me. We answer legal questions and if you have a legal question about this, I would be pleased to assist you.

I would need to know the full background please.

Customer: replied 22 days ago.
I got very shoddy treatment recently for my late cat over a two week in-patient period culminating in a horrific, pain-filled euthanasia. Tests were repeatedly delayed, extending her stay (and the fees). They addressed her by the wrong name and gender on numerous occasions indicating a lack of personal attention. Noisy visiting room, very poor standards for convalescence. I put this all in an email to the practice to challenge the overall bill, which is exorbitant, plus the total sum was not put clearly to me through the treatment period. They deny everything and say I have to pay, when I really feel they should compensate me for the horrible last two weeks of my 14 year old cat's life; an only pet for 13 years to us, a child-free couple. As this practice is famous and on national television, I am disgusted that people do not see the sub-standard treatment that takes place when the cameras are not rolling. Do I have a case for reduction/absolvement of fees?
Customer: replied 22 days ago.
Amendment. They didn't actually deny everything. They conceded the tests were delayed and are investigating why. They apologised for the wrong name, said the noise was out of their control and that I was warned her veins were fragile and could cause irritation (she died screaming in agony)
Expert:  F E Smith replied 22 days ago.

Thank you. Obviously, you don’t have a clinical negligence claim as you would have if this was treatment to a person. You do have a claim however under the Consumer Rights Act (which replaced the Supply of Goods & Services Act )for failing to carry out the contracted work with reasonable care and skill.

You also have a claim in common law for breach of contract.

The difficulty you have is quantifying what that is worth.

What you might want to do is consider sending them part of what they are asking for, the part you agree with, and quantifying why you don’t think they’re due the payment or full payment in respect of everything else.

I would suggest that rather than make an offer to them that you send a cheque. Cheques should be sent with a covering letter which states that it is in full and final settlement of this bill and that if they do not accept it as such, they should return it to you with a view to either discussing things further or they should issue legal proceedings which you will defend. It is unlikely that you would get away with paying nothing whatsoever. it should go on to say that by cashing itthey are confirming their acceptance.

You need to mark the letter Without Prejudice save as to Costs because then, they cannot produce it in court as any admission that you are in any way liable at all. If they are as high-profile as you say, it seems unlikely that they would risk the potential litigation from the allegations you are making with regard to the treatment.

If they returned the cheque to you, their only alternative is to take you to court.

A cheque in the hand for, for example, half of what they are asking for is a powerful incentive to accept that amount rather than argue over the full amount.

The more meaningful the amount of money you send, the more chance there is that they will accept it and put it in the bank.

Can I clarify anything for you?

Please rate the service positive. It’s an important part of the process by which experts get paid.

We can still exchange emails.

Best wishes.


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
F E Smith and other Law Specialists are ready to help you
Customer: replied 22 days ago.
Thank you very much for your excellent advice - your information has been exactly what I needed. I agree that I should pay a proportion of the fee for some of the items, and your guidelines will help me compose the letter toward that outcome.
I think, with their conceding that there were delays with the tests, my cat's stay as an inpatient could have been reduced, and therefore the fees. This will be the position from which I will start. Thanks again.
Customer: replied 6 days ago.
They cashed the cheque. Justice has been served.
Expert:  F E Smith replied 6 days ago.

I am so glad to have helped and that it worked. A good result and I’m pleased for you.

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