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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We bought a male kitten from a breeder 3 months ago for £500.

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We bought a male kitten from a breeder 3 months ago for £500. He was taken to vets to be castrated yesterday. The vet has confirmed he is not a male although initial examination looked as if he was. The breeder and her vet sexed the kitten originally. have contacted breeder asking for a full refund or replacement kitten. refused . Has offered to assist in reselling kitten. Do we have recourse?
Ash
Hello my name is ***** ***** I will help you with this.
Was the kitten advertised as being male please?
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Customer: replied 2 years ago.
Yes. All documentation has male on it.
Ok, why did you want a male, if you took it to be castrated?
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Customer: replied 2 years ago.
Because male cats are far more affectionate than females and we have only had male cats before for 24 years
Customer: replied 2 years ago.
Also as pedigree you undertake not to breed
Well I dont think you would get a 100% refund. This is because you did get a kitten, its not ill and the only difference is that it is female. Indeed you had the kitten for 3 months without realising and the vet said on initial examination it looks like a male.
So you and the vet initially thought it was, so its not as if you suspected it was female. So I dont think you can get a refund on that basis.
Replacement - yes. If you asked for a male and that is what you wanted then you can ask for a replacement.
Can I clarify anything for you about this today please?
Alex
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Customer: replied 2 years ago.
She has no kittens available at the moment!
Then you have to wait. You cant demand a 100% refund in my view for the reasons above, but I can outline the process if you wish?
Alex
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Customer: replied 2 years ago.
What if she refuses to replace?
You can claim a discount but I dont think 100%.
Alex
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Customer: replied 2 years ago.
Please outline process. What discount would be reasonable?
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk  or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. I would consider 25% to be reasonable.
Can I clarify anything for you about this today please?
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Customer: replied 2 years ago.
I think that covers it. Presumably The kitten would need to returned to breeder. trip of 400 miles - allowable expense?
Yes.
Alex
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Customer: replied 2 years ago.
Yes to both return and expense?
Yes that is correct. You can claim 45p a mile.
Alex
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Customer: replied 2 years ago.
Thanks for you help
Good luck.
Alex
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