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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72637
Experience:  Qualified Solicitor
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I paid 100 pound deposit each on 2 pups and the breeder

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i paid 100 pound deposit each on 2 pups and the breeder offered a payment plan. i also paid 60 pond for their vaccines. they arrived on sunday and one of the was not quite right but ok but by tuesday she was very sick- turned out she had come to us with a head injury.
JA: Where are you? It matters because laws vary by location.
Customer: breeder wanted to remove the dog from treatment at the vets barnsley
JA: What steps have you taken so far?
Customer: both dogs are registerd as mine at the vetsa and insurance, but she forgot the microchip paperwork on the day we picked them up and said we could have this later. my vet bill today was 1650 and milly is un sellable and still needing intense care
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they have demanded full payment for the healthy dog, and said i can keep the sick one and not pay for her becaiuse of the vet bill.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

What do you specifically want to know about this, please? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Hello, I was wondering if you have had a chance to consider my query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Under law, pets are treated as ‘chattels’, which just means an item that is owned. They will not be seen as a living thing and will be treated in the same way as inanimate objects, like a car.

When a private consumer makes a purchase from a business seller, they have certain 'statutory' rights under the Consumer Rights Act 2015. If you wanted to refer to the legislation directly, please follow this link:

https://www.legislation.gov.uk/ukpga/2015/15/contents/enacted

The Consumer Rights Act 2015 specifically states that there is an expectation that goods must be:

- of satisfactory quality – they must not be faulty or damaged

- as described – they must match any description given at the time of purchase

- fit for purpose – they should be fit for the purpose they are supplied for

If they do not meet the above requirements, the consumer will have certain legal remedies against the seller:

1. Reject the goods and request a refund – this is known as the ‘short-term right to reject’ and must be applied within 30 days of purchase or, if later, delivery.

2. Repair or replacement – this is still an option in the first 30 days, if the consumer does not want a refund and becomes the standard options after the 30 days have passed. It is the consumer’s choice as to whether they choose a repair or a replacement. In this case, a repair will most likely mean treatment to make the dog better. If treatment is chosen, the seller is given one opportunity to provide a satisfactory outcome, meaning that if it fails, the goods can still be rejected for a refund, even after the initial 30 days have passed. Alternatively, if the consumer wants to keep the goods, they can ask for a price reduction, based on what is wrong with them. That is something to be negotiated with the seller.

An important aspect of the Consumer Rights Act 2015 is that there is an assumption that any issues complained of, which have become obvious or developed within the first 6 months of buying the goods, were present at the time of purchase. If the seller disagrees that his was the case, it would be up to them to prove otherwise, if challenged in court. On the other hand, any issues which develop more than 6 months after purchase, are assumed not to have originated at the point of sale and it is for the buyer to prove otherwise if challenged in court.

Once a decision has been made on which of the above rights to pursue, the seller should be contacted, preferably in writing, to discuss that with them. If they refuse to discharge their legal obligations under the Consumer Rights Act 2015, a formal letter before action should be sent, asking for the desired resolution and making it clear that legal action could follow through the courts.

In the event this matters needs to be taken further, the following are the relevant links:

A report to Trading Standards can be submitted first: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

Afterwards, a claim can be pursued in The County Court: https://www.moneyclaim.gov.uk/web/mcol/welcome

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Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.