Bought dog from private seller, inaccurate info supplied now I have to pay to neuter.

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Can anybody give me some advice on my situation please?

I've been looking to buy/rescue a dog for a while and recently found what I thought was the perfect option. The advert said:
I have a border collie for sale named XXXX. He is black and white and aged 1 [Age at the top of the advert actually says 1 year 8 months], is great with children and loves cuddles. XXXX is chipped had full injections, he's flied and wormed every 3-6 months, fully house trained and has all his paperworks.

So being careful I emailed with a list of researched/prepared questions I've compiled as I've been looking over the months (to make sure I had everything down in writing so nothing could be forgotten) and got told he was neutered, but hadn't had his boosters. Since he was 1 year 8 months according to the advert I thought that wasn't too bad and I'd get him his boosters myself as he was only a few months overdue. After a few more emails were exchanged we met him on Sunday and although he was very excited, he seemed in good health and a very happy dog. We figured he was excited as he was meeting someone new, in the park with lots of other dogs around and we were playing with him.

I paid cash for him on Wednesday, when she brought him to me, and everything seemed to be fine. Until last night when he lay down next to me for a belly rub and I noticed he still had his 'bits'! I thought I was imaging things so I had another look. No, I was right. So between that and him appearing to not be drinking enough (or so I thought) I registered him with a local well established vet and took him for a check up.

The vet has been through his papers, and checked him over. She has confirmed he hasn't been neutered. She has also told me that he was last vaccinated in 2012, so he's actually nearly 3 years old, and will therefore need to restart his vaccinations from scratch and he'll have to be wormed and flea treated as well. The previous owner adopted him at 12 weeks old and was therefore responsible for all of it.

I have copies of the original advert, all our email conversation, and also text messages. The only time we spoke about things was when we saw each other face to face. At those times she said he was a happy healthy dog, and she didn't have the boosters as she thought they were a waste of money. She tried to change his microchip details on the phone while she was here, but they said change of owner had to be done via a letter.

Have I got any rights to go back to the previous owner and ask for money back to cover the cost/part cost of the neutering? I have no issues in paying for it all as his health is paramount (Insurance and a monthly payment plan at the vets are being set up imminently, I've been busy comparing options in between walks) but she has lied to me about his age and his medical history, now I am faced with paying out more than I paid for him in vets bills within a week of getting him.
Creeping back in for accountability after falling off the wagon in 2016.
Need to get back to old style in modern ways, watching the pennies and getting stuff done!
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Comments

  • danih
    danih Posts: 454 Forumite
    I've been Money Tipped!
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    Good for you for planning on keeping him, and caring for him properly.

    IMO your best bet is a conversation with the previous owner. Explain that you are aware she has misinformed you of the facts, and to avoid taking it further (to the police), you would appreciate a contribution to your significantly increased costs, which are directly attributable to her misinformation.

    TBH I really don't know where you stand legally, and whether its worth the cost in solicitors fees, and time it will take to pursue. Hopefully the threat alone of you doing so will persuade her to cough up.

    Re your dog, I have 2 rescues, who came to me from owners who couldn't cope. They were adult dogs, with anxiety, toileting, feeding issues. They both settled really well, and are wee stars now. Rascals at times, but just adorable mostly.

    Best of luck with her. And your new furrball :)
    :j got married 3rd May 2013 :beer:
  • Hillbilly1
    Hillbilly1 Posts: 620 Forumite
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    Sorry to be realistic but I think you'll find the email and phone numbers now don't work.

    She knew a younger dog would sell over an older dog and just said yes to all your questions to keep you happy.

    I would be frantically chasing the chip change of details to ensure your dog appears as yours!

    Well done for committing and thinking this all through tho.
    NOT a NEWBIE!

    Was Greenmoneysaver. . .
  • paddypaws101
    paddypaws101 Posts: 2,093 Forumite
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    I would suck it up and move on.
    The joy you will get from this dog is priceless and a few months down the line a few pounds in vet fees will be totally unimportant in the scheme of things.
  • Bluemeanie_2
    Bluemeanie_2 Posts: 1,076 Forumite
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    Technically from a legal point of view its what's called "misrepresentation."
    I'm never offended by debate & opinions. As a wise man called Voltaire once said, "I disagree with what you say, but will defend until death your right to say it."
    Mortgage is my only debt - Original mortgage - January 2008 = £88,400, March 2014 = £47,000 Chipping away slowly! Now saving to move.
  • pawsies
    pawsies Posts: 1,957 Forumite
    First Anniversary First Post Combo Breaker I've been Money Tipped!
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    I wouldn't bother neutering, vaccinating, fleaing or worming unless you have noticed he has parasites. Neutering isn't really necessary, that's a personal choice. Vaccinating- he has had at least one vaccination, that would be enough for me.

    Save yourself the money and buy new toys or good food instead :D
  • Johnny_Dangerously
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    As the others have said, I doubt you'll have much luck with any legal recourse. I'm Unfortunately the trading of dogs is very unregulated so if you are able to argue the point, it will probably result in nothing. I'd personally still follow it up though just on principal.

    One question though, did you see the dog at the owners house? Can't tell from reading the original post if you only met the dog at the park or not.

    Also, what's your driver for wanting it neutered in the first place? Money aside, have you considered not neutering seeing as he isn't done currently?

    Main thing for me would be to ensure you identify who the dog is registered to on the microchip. My instant thought is ensuring the dog isn't stolen, and that you have him registered as yours right away if you are keeping him.

    3 year old dogs are a good age though, none of the puppy mess, and plenty of years of running left in them to enjoy:)
  • dgtazzman
    dgtazzman Posts: 1,140 Forumite
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    I don't know how much you paid for the dog (personally, I'd never adopt from anybody still asking a fortune for a dog as I'd be questioning if they care about the future welfare of the animal or only about the money), but if it was a significant amount, you could maybe file a small claims court claim. But good that you are putting your new baby's welfare first and not pushing him aside in disgust as I'm sure some people would do.

    Didn't you notice some bits dangling around when you met the dog in the park? It is quite obvious ^^

    Won't cost a fortune to neuter him, think mine was around £130 at the end of last year. Strictly speaking it isn't really needed, but as I have no intention of breeding, it does prevent some medical conditions from occurring and it calms down the hormones.

    I'm mostly an Alsatian man, but Border's are second on my doggy list, very smart dogs, easy to train and I just love the colors on them. I used to have one, she loved driving our back neighbor's small terriers into a frenzy from behind the fence, till they were nearly chocking and then just strut off with a 'smile' on her face.
  • Rev
    Rev Posts: 3,150 Forumite
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    Hillbilly1 wrote: »

    I would be frantically chasing the chip change of details to ensure your dog appears as yours!

    .

    This 100% if the details aren't yours on the chip the previous owner could report you for stealing the dog.

    If the chip details are in your name then I'd chase the seller, purely for the principle of her blatant lies.

    I'd be tempted to try and be diplomatic and if that didn't work I'd send a letter before action and take the seller to the small claims court. I've no idea if that's actually viable, maybe the CAB would be able to advise you?

    But my top priority would be getting the chip details changed if they haven't been already.
    Sigless
  • rising_from_the_ashes
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    I am also a bit confused how you didnt notice he hadnt been neutered - did you not give him a good check over?

    If he fits yor life and is a nice dog, id leave it - not worth the hassle .... by all means email / phone if it makes you feel better but i doubt youll get anywhere and itll just stress you out

    Enjoy him :)
    Grocery Challenge £211/£455 (01/01-31/03)
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  • Cuilean
    Cuilean Posts: 731 Forumite
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    Having acquired a dog in a similar situation, I quickly found there was nothing I could do.

    My dog's previous owner contacted a rescue charity and claimed that she was about to give birth, so she couldn't keep the dog. They matched her with us. We got very basic information, much like yours, and arranged to meet at a park for handover. The very un-pregnant lady appeared in a high-end Chelsea tractor, introduced herself, handed over the dog with a tub of her food, and left.

    The dog was a horror for the first couple of months - she chewed, bit us and had behaviour issues. Our vet also diagnosed pancreatitis. The rescue charity contacted the previous owner for advice, but she just stated that the dog had always been good for her. After that, she cut all contact with us and them.

    A little Facebook stalking of the original owner revealed that after giving up our dog, she did indeed acquire a new arrival - a little lap-dog. No reference to a baby anywhere.

    I still feel incredibly angry that she was okay with lying in order to dispose of what she must just have viewed as an inconvenience. Not even my husband quite understood how frustrated her nonchalance about getting rid of an animal made me feel, and I'm sure you feel the same way.

    Be happy that your dog is healthy and enjoying your company, and pat yourself on the back for rescuing. Yes, you were sold a dog by someone who decided that for whatever reason they would not give you the whole story, but you're doing absolutely the right things for your pet now, and the dog will have a better life as a result of it.
    © Cuilean 2005. Any connection between your reality and mine is purely coincidental.
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