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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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I have paid a large sum of money to use a health tested stud

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I have paid a large sum of money to use a health tested stud dog, but my normally fertile bitch has not taken. The breeder at the time claimed he was fertile as far as she knew and had just sired a litter of four pups and that they were four weeks old. I had my bitch scanned at five weeks and told she was not pregnant. I phoned the kennel club up on various occasions and they do not have any recent litters sired by this older dog. I have asked this breeder to have her dog fertility tested as there is no point returning free remate if he is not fertile. She has refused to do this or provide any evidence to myself or the kennel club of this supposed litter. I feel this breeder is taking money service that does not exist and unless she gets her dog fertility tested there is little point returning as she lives eight hours drive away and does not have an alternative stud dog to use. I would be grateful if you could let me know if I have a case in the small claims court to recover my £700 expenses. The law states that you pay stud services and not the puppies, BUT.... You pay FERTILE stud and I do not think this is the case with this breeder. Thank you
M.K Betts
Thank you question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 3 years ago.

I have entered into a stud dog contract and feel the breeder has misled me on his fertility status. She told me he had sired a recent litter, but when my bitch did not take I phoned the kennel club and they have no recent litter sired by this dog.Is this breeder in breach of her contract to me as we cannot conclude it until I know he is fertile?

At least, not unless she specifically told you that he was fertile at the time of the negotiations which might have happened.
With these contracts all you pay the mating. There is no implied term that the mating will be successful as that is a matter Gods.
If you ask specifically before you agree about this dog's capacity to sire and history so and you are told something that is either untrue or misleading then that is a misrepresentation and that would give you a claim. Mere silence is not a misrepresentation.
Sorry if that is bad news.
Can I clarify anything ?
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

before the mating we asked about his fertility status as he was an older dog. Most breeders have older dogs fertility tested as they can lose their fertility.This breeder claimed that he had just sired a litter, but she is unwilling to tell myself or the kennel club where this litter is. I therefore feel she has told a lie and taking money by false misrepresentation.

The fact that she is not willing to tell you where the litter does not prove a lie I'm afraid. It gives rise to suspicion I suppose.
Similarly the fact that a litter is not registered with the kennel club doesn't mean it doesn't exist. The over whelming majority of breeding in the UK is not registered with the kennel club which is why we have such a problem with companion animal over population.
I suppose if you sued then she would be in a position where she would have to raise some evidence of this litter. The advantage would be that this would be a small claims court sum so costs would not be a big issue and it might settle in your favour.
Customer: replied 3 years ago.

I Agree that some litters are not registered with the kennel club, but she is an Assured breeder as am I and anyone using her stud dog at £500 a time is unlikely to not register the litter. If this litter exists why is she so unwilling to just tell me or the kennel club and then I would be quite happy to let the matter drop and realise I have just been unlucky this time with my bitch. I just feel as her stud dog was in poor condition that I have been lied to, and she could continue this with other people. If he is fertile I have the option of going back free remote. I know that you pay mating, but you pay fertile mate and I feel as he has not sired anything months that I have been mis-led.

The only way to find out is to sue if she will not negotiate.
You could always send her a letter before action warning her of your intention to do so.
Customer: replied 3 years ago.

Thank you advice and I shall think about sending a letter first telling her of my intentions. If that does not bring any joy I will consider the small claims court as it will not cost me much. Is it £100 to lodge a claim?

No, it starts at £35 and raises depending on the sum of the claim. Probably this will be about £50 and you can claim that back.
Customer: replied 3 years ago.

Thanks Jo,

Can you help me with another quick question. My husband and I have two private pensions coming out next month. We have been given options of a cash free sum of 25% of the value with a small annuity every year, but as the law changes in April 2016, can we take all our pension pot by deferring until then even though we will pay a higher tax band? One pension is worth £43,000 and the other one is worth £23,000.

I don't know anything about pensions I'm afraid.
we do have a pension section I think and if you are on subscription then it shouldn't cost any more to ask another question.
Customer: replied 3 years ago.

Thank you Jo , you have been very helpful. I will let you know how I get on.

No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘ C’. You can also bookmark my profile
Customer: replied 3 years ago.

Thank you.

No problem.