Buyer wants refund and to keep sick puppy

arcon5

Started small claims
Threatened small claims

Which is it?

If the latter then just send a final response and ignore.

Principia_2

arcon5 wrote: »

Simple defence..

On x date I sold puppy to claimant. The puppy was described as having a heart murmur as previously advised and monitored by an independent specialist. I reject their claim for a refund and vet bills.

If it gets to hearing show the judge the vets paperwork and explain it was advertised to the best of your ability and you haven't misrepresented the puppy in any way.

Doubt the buyer will win

In addition the OP could also say "because I was concerned about the puppy I offered a full refund if it was returned."


OP - don't worry until you get a letter before action and if you do - post again for help as soon as you get it.

halibut2209

The buyer sounds barking mad!

nixxx_2

Thanks all. Ill wait to see if she goes ahead with small claims as threatened.

Hintza

OP I don't think the buyer has a leg to stand on.

What I do have a problem with is the selling aspect of this. In my view you don't sell sick animals.

hollydays

It's quite mad- get a refund and keep the dog!

Principia_2

Hintza wrote: »

OP I don't think the buyer has a leg to stand on.

What I do have a problem with is the selling aspect of this. In my view you don't sell sick animals.

My dog had a grade 3 heart murmur, he had no symptoms and the rescue he came from never mentioned it - he lived until 14 and died of something else


A heart murmur is usually more a congenital fault than an illness and the OP was open about it.


I'm surprised that if there were no symptoms that the new owners vet wanted to do so much investigation. My vets just monitored my dog annually when he had his boosters. However he was an adult when I had him so maybe that's the difference.

purpleshoes_2

Hintza wrote: »

OP I don't think the buyer has a leg to stand on.

What I do have a problem with is the selling aspect of this. In my view you don't sell sick animals.

Puppy wasnt sick according to the OP when it was sold, they said it was thriving.

FOREVER21

O P try and not to worry about this from what you say ,you have behaved reasonably, which if it does come to a court, this is what a judge will be looking for.

As others have said reply factually to the letter before action. If they then decide to continue with a claim in the county court, they will then have to declare details of their vets report, on the actual claim form which you will get a copy.

If this is not sent with the claim form and they intend to rely on it in court they have 14 days after sending the claim form to send it to you, if they fail to disclose the report then it can not be used in court.