Legal rights over vets bills for new pet.

narabanekeater

hoping bunny feels much better soon

adam.mt

adam.mt wrote: »

Would agree to make a fuss and try and claim your full costs back, just be aware that in law you're not entitled to such.

Equaliser123 wrote: »

I think OP would be entitled to the costs of the vet as the loss is something which is forseeable and flows naturally from the breach of contract.

Having conferred with Equaliser via PM the key words in Equaliser's reply are "I think".

To make it clear for others and future cases -
The buyer should always return to the seller to complain and give them the opportunity to resolve; this also applies in the case of ill animals. If you do otherwise (get a fix or seek care elsewhere) then it may be difficult to get your costs back.

However, if you've good reasons for doing so (as shown later on by the original poster of this thread) then you can indeed go elsewhere and later attempt to recover costs, which as long as they are reasonable you 'should' be entitled to. If the seller isn't co-operative though it will likely require a judge to rule to enforce this. Thus, it's most definitely a last step course of action.

In cases like this where a live animal is concerned I encourage everyone to consider it's welfare way before any financial implications.

Equaliser123

adam.mt wrote: »

Having conferred with Equaliser via PM the key words in Equaliser's reply are "I think".
.

It would be my view that those costs are claimable. However, ultimately it comes down to persuading a judge that the course of action adopted was reasonable.

I have no doubt that a judge, in these circumstances, would have absolutely no hesitation in awarding reasonable damages incurred.

Googlewhacker

Equaliser123 wrote: »

It would be my view that those costs are claimable. However, ultimately it comes down to persuading a judge that the course of action adopted was reasonable.

I have no doubt that a judge, in these circumstances, would have absolutely no hesitation in awarding reasonable damages incurred.

It is an interesting case but I think the problem that lies here is that mitigating their losses would be the hard part to prove and if the pet shop has their own vets and their own prices then the OP may not get all their money back but most likely alot of it.

Also when did you actually get hold of the store because if it was after the first contact with your vet then surely the pet store would have either agreed to further treatment or said no and as such anything else you did would not be reasonable (but this is only my opinion).

I also believe that it is unlikely they will fight a court case for £100 and probably would pay as soon as they see the court papers.

woppitx6

Hi, i did finally manage to get hold of the manager of the shop while at the vets.

He said the only thing he could/would do was if I brought the rabbit back I could swap him for another, or he could refund the cost of the rabbit and take the rabbit back.

He said they would prob monitor the rabbit for a few days and then if still ill would take him to their own vets. I did explain that the rabbit would have been dead within hours if I had not taken it to a vets. But he just kept quoting my guarantee to me...you should have notified us of the condition of the rabbit etc etc and now youve taken him to your own vet has invalidated the guarantee! I did explain I had tried to contact the shop, but was unable to get through engaged or not answering. When i spoke to my vet, he said it was a medical emergancy and had to bring the rabbit in pdq! and delay would cause him further suffering and even death if no treatment was given.

Anyhoo, have sent copies of breakdown of vets treatment, copies of recipts. And a letter outlining everything that happened, via recorded delivery. Have given them 14 days to respond. I even pointed out the VISA DEBIT insurance that I would have as I paid with my debit card. I will keep at this. He will NOT get away with it.

Thanks for all your help.