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New dog - poorly & prev owners knew -what are my rights?

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Comments

  • PennyForThem_2
    PennyForThem_2 Posts: 1,036 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Many breeders are hobby breeders - one or two litters a year with maybe a couple of females that thye send out to stud or they have a stud with 3 or 4 females - they don't make much money from it or may even need to subsidise

    if you think that the breeder has a business pretty sure you can report to tax authorities anonymously.....
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite

    if you think that the breeder has a business pretty sure you can report to tax authorities anonymously.....

    And how exactly does that help the OP?
  • pug_in_a_bed
    pug_in_a_bed Posts: 1,975 Forumite
    Just read this through. I sincerely hope that you get this sorted. Definitely small claims court. I would contact the rspca and express your concerns about this 'breeder', and explain the full situation. I felt angry whilst I was reading through, what horrible people, poor little pooch
  • pendulum
    pendulum Posts: 2,302 Forumite
    I don't think you've got any chance with small claims court because they have already offered you a full refund. If they are a business then that's more than reasonable. If they are not a business then they did not even have to offer you that as goods sold privately are sold as seen.

    I wouldn't waste any more time with it.
  • bexyboo1312
    bexyboo1312 Posts: 120 Forumite
    Under SOGA, the dog has not met his description - which was that he had no known health issues - this applies to private sales.

    I am feelin like giving up though because I have thought about not much else for nearly a week and its getting me down a bit.
    thanks
  • rl290
    rl290 Posts: 316 Forumite
    Part of the Furniture Combo Breaker
    Bexy, as others have suggested, I urge you to phone the RSPCA and see whether they have any advice. This has certainly happened to others, and for all you know there may be quite strong actions you can take or threaten to take. I have absolutely no knowledge of this area, but perhaps they'll draw your attention to breeding practice regulations etc. that you could use.

    Regarding SOGA, could "specific performance" coupled with animal rights be used to argue that the dog's attachment to the OP means that payment of the medical bills is the more correct course of action rather than a refund? Lawyers?

    R
  • pendulum
    pendulum Posts: 2,302 Forumite
    edited 7 March 2010 at 7:53PM
    Under SOGA, the dog has not met his description - which was that he had no known health issues - this applies to private sales.
    True that goods must meet the description in private sales (nothing to do with SOGA), and if they don't then your probably due a refund but the sellers have offered you this already. If you have become emotionally attached to the dog and don't want to return it for a full refund then I would suggest that's your choice and down to you.
  • Equaliser123
    Equaliser123 Posts: 3,404 Forumite
    rl290 wrote: »
    Regarding SOGA, could "specific performance" coupled with animal rights be used to argue that the dog's attachment to the OP means that payment of the medical bills is the more correct course of action rather than a refund? Lawyers?

    R

    Specific performance for what?
  • OnTheUp_2-2
    OnTheUp_2-2 Posts: 692 Forumite
    Proc wrote: »
    Another Pug sold to another trend-follower with no interest in the dog's well-being. I feel sorry for the dog already.

    You say the most important thing is getting the money? It's not. The most important thing is getting the dog into good health, and giving him a loving & caring family that aren't going to turn their back on it the moment it starts costing money.

    This got me thinking about when I first got my Springer Spaniel. He was about 8-12 weeks old. Took him to the vet and he was actually in quite poor health. Had terrible skin rash, some kind of lice, plus a few other small problems. It only cost about £350 to fix, but the last thing on my mind was "Oh yeh this is faulty goods I'm going to pursue the seller". It was more "Well I thank god he's healthy and happy again".

    You wouldn't act this way with an adopted child, so why do it with a dog?

    And if you can't afford the £800 fees? Well maybe you shouldn't be getting a dog in the first place.

    Legally, I'm not sure where you stand. However, I do get the impression that the money is more important than the dog's welfare.

    dont you think thats a little harsh? What about you and your choice of breed, anyone could comment on that?

    And in regards to them not affording the fees, I would think a little common sense wouldnt go amiss. pet insurance would cover them for future events BUT this dog came with unknown (to the new owners) pre existing conditions that obviously would not be covered by the insurer.

    They are well within their rights to seek reimbursement for these costs and I dont why you are being so quick to judge that they are more bothered about the money..

    If that was the case I am sure the title would read "dodgy dog I want a refund"

    What is it with some people on here just intent on being unhelpful and nasty.. the old saying goes "if you havent got anything good to say.. shut up"
  • OnTheUp_2-2
    OnTheUp_2-2 Posts: 692 Forumite
    edited 7 March 2010 at 10:26PM
    The problem you have got now is that your new dog now comes with pre existing conditions that will not be covered by your insurer AND as it seems the dog has various ailments you may never know the full extent of vets bills as they may get rid of the tumour and 2 years later it may return...

    You have a very difficult decision as you will need to be honest with yourselves (well done for being responsible and acknowledging the financial side to owning a pet) as to whether you can afford the vets bills in the future?

    If you cannot then please do not return the dog to the breeder but instead visit your local RSPCA
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