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

shirlgirl2004

From what you have said these are hobby breeders and not a business therefore it is not covered by law. The words caveat emptor (let the buyer beware) spring to mind. It is not a decent thing to have done to you or more importantly the dog but I doubt you will get anywhere in court or with the RSPCA. I hope he recovers.

Equaliser123

shirlgirl2004 wrote: »

From what you have said these are hobby breeders and not a business therefore it is not covered by law. The words caveat emptor (let the buyer beware) spring to mind. It is not a decent thing to have done to you or more importantly the dog but I doubt you will get anywhere in court or with the RSPCA. I hope he recovers.

Not correct. If there is a regular pattern of selling dogs then the seller can be construed as selling in the course of a trade or business within the meaning of the legislation.

bexyboo1312

just an update, thankfully i haven't written the letter yet - as the vet bill came in above the "estimate" at £480!!!! I now have a poorly pooch, with a lampshade on his head for atleast a week, stitches in his eye and his face. The vet said that where his eye is scarred from the condition, he will be blind in those areas of his eye. Had they had his surgery done back in July, when they were first aware there was a problem, little scarring would have been caused and he would probably be fine.
The treatment should stop any more scarring happening "hopefully"!

i als mentioned to the vet about him being fed on puppy food when we got him, which they said gave him all the nutrients etc he needed - despite being an adult. straight away they said we did the right thing changing him to adult food and he should never have been on puppy food at nearly 2 yrs old! i thought a proper diet was one of the 5 things under the animal welfare act that he should be entitled to, not to mention the free from suffering cos of illness!!

Now for that letter.....arghhhhh

Requiem

bexyboo1312 wrote: »

just an update, thankfully i haven't written the letter yet - as the vet bill came in above the "estimate" at £480!!!! I now have a poorly pooch, with a lampshade on his head for atleast a week, stitches in his eye and his face. The vet said that where his eye is scarred from the condition, he will be blind in those areas of his eye. Had they had his surgery done back in July, when they were first aware there was a problem, little scarring would have been caused and he would probably be fine.
The treatment should stop any more scarring happening "hopefully"!

i als mentioned to the vet about him being fed on puppy food when we got him, which they said gave him all the nutrients etc he needed - despite being an adult. straight away they said we did the right thing changing him to adult food and he should never have been on puppy food at nearly 2 yrs old! i thought a proper diet was one of the 5 things under the animal welfare act that he should be entitled to, not to mention the free from suffering cos of illness!!

Now for that letter.....arghhhhh

Regardless of what happens in terms of financial recompense, you really need to be in touch with the RSPCA and the police, they are clearly neglecting the animals in their care.

bexyboo1312

requiem: i contacted the RSPCA, and they weren't interested. I expressed concern that they are breeding puppies still, albeit a different breed and that we purchased an unhealthy dog, who was being fed at nearly 2 yrs old on puppy food. I stated that if they are willing to sell a poorly adult dog to us, what about the puppies and other dogs they have sold.the woman was literally no help at all, i don't have any clear evidence that they are still neglecting the dogs in their care to report them using the cruelty helpline. or is this something you think i should try??

Requiem

bexyboo1312 wrote: »

requiem: i contacted the RSPCA, and they weren't interested. I expressed concern that they are breeding puppies still, albeit a different breed and that we purchased an unhealthy dog, who was being fed at nearly 2 yrs old on puppy food. I stated that if they are willing to sell a poorly adult dog to us, what about the puppies and other dogs they have sold.the woman was literally no help at all, i don't have any clear evidence that they are still neglecting the dogs in their care to report them using the cruelty helpline. or is this something you think i should try??

I'm really suprised the RSPCA didn't take an interest, particularly as you are aware they are intentionally neglecting the health of their animals! They are supposed to be there to prevent cruelty to animals, not let it slip by when it's been reported. Maybe try call again and hope you speak to someone different? I'm not sure how much detail you gave them, but it might be worth also pointing out that they knew about your pets illness from when it first developed, and chose to let it suffer.

http://www.rspca.org.uk/utilities/faq/-/question/ENQConcernAboutCruelty

That link has the number to call, along with a list of pertinent information you should give them.

http://www.rspca.org.uk/allaboutanimals/helpandadvice/reportinganimalsindistress/crueltychecklist

This page details the cruelty checklist, I'd say that it should definitely be a case of interest to them. People that irresponsible have no right to own animals.

These will relate to what you have seen in relation to the animal's environment and its bodily condition. The RSPCA believes that the basic welfare of all animals must take into account the 'Five Freedoms'. These are:

- freedom from hunger and thirst
- freedom from discomfort
- freedom from pain, injury or disease
- freedom to express normal behaviour
- freedom from fear and distress.

Between the puppy food and the ill health, I'd easily say it ticks 4/5 on that checklist.

I don't know what part of the country you are in, but if you try the RSPCA again and they are no help, maybe you could try calling a local dog shelter or local dog charity and ask for their advice, they may be able to point you in the right direction.

I'd also call your local police station, explain the situation and tell them that they are mistreating the animals, that they are allowing them to suffer when ill by not getting them the required medical treatment. You could inform them that they are breaking the animal welfare act, more info here:

http://www.rspca.org.uk/in-action/changingthelaw/whatwechanged/animalwelfareact/-/article/EM_Animal_Welfare_Act

The five welfare needs

This means pet owners are now legally obliged to care for their pet properly - which most owners already do - by providing these five basic needs:

• somewhere suitable to live
• a proper diet, including fresh water
• the ability to express normal behaviour
• for any need to be housed with, or apart from, other animals
• protection from, and treatment of, illness and injury.

Those five basic needs (pretty much the same as the cruelty checklist as above), are legal requirements. Puppy food is not a proper diet, and they have not given them protection from/treatment of illness.

These are definitely serious offences and they really need to have their animals taken away from them, they are not fit to look after them.

Hope that helps, do let us know how you get on and I hope your pooch recovers from his treatment very soon!

edit: Whoops! Totally missed the bit where you wrote you were already familiar with the animal welfare act! I'll leave it written up in case its of use to anyone else

Thriftkitten

Talk about stick the knife in and twist it a little more.. If you had paid £800 for your springer spaniel only to find a month or so later that he needed an op for a pre existing conditon that wasn''t made clear to you, wouldn't you be interested in seeking some percentage of refund or help from the seller to go toward any upcoming vet bills. It was never mentioned in Bexy's post that she couldn't afford to treat her dog, but when we are talking in the upper hundreds a month or so after purchasing at full price for a HEALTHY PUG, which was NOT in good health, then thats something that needs chasing up!!!
Why is it that when someone comes to a forum to post about something they need help and advice with there is always someone waiting in the shadows to make you feel even worse.
I too bought my first adult 5 yr old pug after much research, and unfortunately for me my very reputable breeder failed to inform me that she had canine epilepsy which annoyed me as the pug had to suffer through 3 different vets diagnosis before they agreed that it was epilepsy and not "dizzy spells" the seizures are now controlled with meds and she hasn't seized in over a year.
I fully understand why you are so angry Bexy, if the owner knew the dog had an existing condition, breeder or not, she should of divulged this and to dig herself out of a hole she should at least give you half of the cost of the dog back so that it will ease the vet bills a little, now that he is loved by you and your family, giving him back is probably NOT an option you would want to consider, I would definately proceed with advice on what you can do to recover some money towards his bills, it was a pre existing condition and NOT covered by any insurance you may have taken out for him, Insurance companies check on these things.
Please try to ignore the comments from nasty people and while you are getting him back to good health as I am now aware that you have, enjoy the bonding process, he will love you even more especially when you scoop him up in your arms as he is still dozy from anesthetic. Keep us updated on your progress and don't worry re the trolls here, they will disappear looking for another poor soul to kick in the teeth when they are down!!!

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.

OnTheUp_2-2

I doubt the police would be of much help im afraid :-(

Just a tip, try RSPCA again on the cruelty line. If you have rung your local branch you may have reached a receptionist or a volunteer OR someone who is seriously overworked and stressed. Im not saying its an excuse but you know what happens sometimes!!

Call again and do not be put off. If required get someone else to call again annom

Please persue this as the dogs/puppies do not have a voice, so they need someone like you who cares to put a stop to the cruelty

bexyboo1312

just to let you know, i have put in an e-mail to the RSPCA, using their online service and selected the "animal welfare/cruelty" option, which are the emails they say they respond to asap. if i have not heard tomorrow afternoon, i will call the cruelty line again.
I agree the previous owners behavious seems to be breaking the animal welfare act, and whether or not i get any money back is nothing compared to knowing that they will not be allowed to keep/sell animals again....lets hope I get a better response from RSPCA This time...
thanks

Equaliser123

Not wishing to sound harsh but why would the Cruelty Line be interested? The dog is in your care.

I'm sure that line is for reporting the people who are being cruel to animals and require an immediate response.

With respect, your issue is in respect of a claim for money.