Puppy deposit

unholyangel

Ricardo1980 wrote: »

In that case, what do I have to do then?
I am asking this because I am going to start legal actions against my former landlord, I already have redacted the before action letter and my idea was to send it this week.
What do you recommend then?


By the way, is "first class with proof of posting" the same as "recorded delivery"?

Thanks a lot.

Apologies, I thought someone had already advised in that regard.

First class with proof of posting is different. The recipient (or someone on their behalf) doesnt need to sign for receipt of the letter. The reason its sometimes better than recorded though is due to the interpretations act which states:

7 References to service by post.

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Now with recorded, the contrary can be proven if they refuse to sign for it. With first class, theres nothing to prove they didn't receive it.

Tbh you can still send by recorded, as I said theres no problem with it unless the recipient refuses to accept & sign for it. Just it can be a gamble.

[Deleted User]

unholyangel wrote: »

Apologies, I thought someone had already advised in that regard.

The thread has rather been hijacked by another OP who I fear hasn't properly read the earlier responses.

Probably best to start your own thread, Ricardo1980.

DoaM

unholyangel wrote: »

Only if they accept the recorded delivery. If the recipient refuses it then it can cause huge problems. Either disallowing costs, having them awarded against you or the defendant applying to set side the judgement (which is what naedanger is referring to above) on the basis of never having received the claim and having the correct address on the papers wont count for anything if it wasn't actually delivered.

Just to pick up on a point here ... papers sent in respect of an actual claim are sent by the court. As long as the address is correct (which is what the claimant specifies when making a claim) then the papers are deemed served under the same Interpretations Act. Therefore a set-aside for non-receipt of claim wouldn't succeed unless the defendant could prove on the balance of probabilities that papers from the court hadn't reached him/her.

The advice regarding certificate of posting versus recorded delivery relates to sending a Letter Before Action (or other correspondence that you may need to keep details of sending).

arcon5

No recorded delivery gets signature on delivery. Proof of postage is free and post office gives you a piece of paper to say uouve posted a letter.

Send 1st class.

If you send recorded and its rejected I highly doubt a judge would refuse to award you costs

unholyangel

arcon5 wrote: »

No recorded delivery gets signature on delivery. Proof of postage is free and post office gives you a piece of paper to say uouve posted a letter.

Send 1st class.

If you send recorded and its rejected I highly doubt a judge would refuse to award you costs

Its part of the civil procedure rules that:

3. Before commencing proceedings, the court will expect the parties to have exchanged sufficient information to—

(a) understand each other’s position;
(b) make decisions about how to proceed;
(c) try to settle the issues without proceedings;
(d) consider a form of Alternative Dispute Resolution (ADR) to assist with settlement;
(e) support the efficient management of those proceedings; and
(f) reduce the costs of resolving the dispute.

Steps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
(b) the defendant responding within a reasonable time - 14 days in a straight forward case and no more than 3 months in a very complex one. The reply should include confirmation as to whether the claim is accepted and, if it is not accepted, the reasons why, together with an explanation as to which facts and parts of the claim are disputed and whether the defendant is making a counterclaim as well as providing details of any counterclaim; and
(c) the parties disclosing key documents relevant to the issues in dispute.

16. The court will consider the effect of any non-compliance when deciding whether to impose any sanctions which may include—
(a) an order that the party at fault pays the costs of the proceedings, or part of the costs of the other party or parties;
(b) an order that the party at fault pay those costs on an indemnity basis;

I mean, its not like you can prove they refused to sign for it because they knew its contents.

The whole point of a lba is to try and avoid legal proceedings and make the other party aware that not only do you intend to make a claim, but also what basis you're making it on and that their liability could increase if they don't deal with it now. If they receive such a notice and ignore it, thats one thing. But if they don't receive it in the first place, then for all intents and purposes, you haven't complied with the CPRs.

steampowered

If they only asked you to transfer funds on Friday, then it very strange to be kicking up a fuss that they hadn't arrived on Sunday.

It sounds like this person doesn't understand how bank transfers work (i.e. they aren't instant), and is perhaps too arrogant to acknowledge that may have made a mistake.

Is it worth simply sending him a screenshot from your online banking proving that you did send the money on Friday as he asked? And that you he should therefore either sell you the puppy or refund the deposit?

It certainly sounds like you could go down the court route if you need to, but personally I'd try to resolve it by proving he did what you asked in an email, and then do a formal letter before action if you still don't get anywhere.

On this discussion about whether a letter should be sent recorded delivery or not, as you have his email address I would simply send the LBA by email (or send in hard copy with a copy by email). That is an easy way of proving that he did receive it.

[Deleted User]

There are now two distinct discussions in this thread. The original OP's and Ricardo1980's.

Somewhat confusing now, as posters seem to be alternating between the two..

unholyangel

steampowered wrote: »

If they only asked you to transfer funds on Friday, then it very strange to be kicking up a fuss that they hadn't arrived on Sunday.

It sounds like this person doesn't understand how bank transfers work (i.e. they aren't instant), and is perhaps too arrogant to acknowledge that may have made a mistake.

Is it worth simply sending him a screenshot from your online banking proving that you did send the money on Friday as he asked? And that you he should therefore either sell you the puppy or refund the deposit?

It certainly sounds like you could go down the court route if you need to, but personally I'd try to resolve it by proving he did what you asked in an email, and then do a formal letter before action if you still don't get anywhere.

On this discussion about whether a letter should be sent recorded delivery or not, as you have his email address I would simply send the LBA by email (or send in hard copy with a copy by email). That is an easy way of proving that he did receive it.

They can be instant - or as good as at least. Faster payments usually clear in less than 2 hours. I actually transferred money to a friend on saturday and it was in her account seconds after I authorised the transfer.

It really depends on the method the OP used.

NotRichAtAll

If i paid a deposit for a puppy i would expect to loose that deposit if i pulled out of the purchase/sale, if the breeder for whatever reason refused to complete the sale then i would expect my full deposit back, he certainly sounds like he is been unreasonable here, also worth noting that 8 weeks of age is like the bare minimum a puppy should leave home, sounds like a farmer

cut and pasted below

Eight weeks or twelve weeks?

There are two common points on the timeline when puppies are commonly removed from their dam- eight weeks and twelve weeks respectively. Most professional breeders of pedigree dogs will not allow their pups to go to their new homes until they are twelve weeks old, although some breeders see eight weeks as a fair time to allow the puppies to leave, and taking home a puppy at eight weeks old is not uncommon.

While puppies are usually fully weaned at the age of seven weeks old, and are able to eat solid foods and no longer need to nurse from the dam, there is a lot of merit in allowing the puppies to stay with the dam until they are twelve weeks old. The additional four weeks between weeks eight and twelve are very formative for the young puppy, and their socialisation, learned behaviours and personalities really come on in leaps and bounds during this time, which will help to provide the puppy with a firm foundation for the rest of their lives.

Added to this, the additional four weeks that this allows means that the puppies will be able to have the first of their two-stage vaccinations, which is important in terms of setting them up to be able to face the outside world and resist contracting transmissible diseases and illnesses before they leave their first home.

While it is technically acceptable to remove a puppy from the dam once they are eight weeks old, it is infinitely preferable to wait that additional month and keep them with the dam and littermates until they are twelve weeks old.

Ricardo1980

Moneyineptitude wrote: »

The thread has rather been hijacked by another OP who I fear hasn't properly read the earlier responses.

Probably best to start your own thread, Ricardo1980.

My apologies.

I opened another thread about the LBA issue.
https://forums.moneysavingexpert.com/discussion/comment/71151794#Comment_71151794

BTW, about the puppies, I don't see why they have to return 50%, they have to return 100%. It is amazing the ways people use to steal our money.