Pet buyers right to claim against illness?

helenthompy

Hi all

Im struggling to find an answer for my problem, so thought Id see if anyone on here could help? Sorry its a long tale so ill try to keep it short.

I used to breed persian cats, all done properly registered with GCCF etc...

In July 2015 I sold a kitten aged 12 weeks, fully vaccinated so vet checked twice.(A vet would not vaccinate a poorly kitten). At time of selling, the new owner had already visited on a previous occasion to view the kitten. She was given a care sheet, registration details, food toys etc,,, I also explained when I had wormed this kitten (I started the progamme a week later due to kitten being on the small side) and gave her a worming tablet for the next time she was due.
New owner took kitten and sent various updates on facebook and whatsapp for a number of months. All was well and she was happy showing off her new cat and never mentioned any health problems. The owner was aware that I was ending my breeding hobby that year too.
In 2016 Facebook closed down my cattery account as they said it did not relate to a person.
I stopped using whatsapp around Jan 2016.
As a means of contact, the owner also has my personal email address and my home address but i have never had any contact this way from owner.
September 2017 I receive an angry message on facebook from owner, telling me her cat has IBD and that i must have known when I sold her the kitten and that the vets bills are ridiculous. She is threatening to take me to court over 2 years later, having not once told me of this problem. She now claims the kitten was bleeding from day 1, but she never once told me this. Having looked at her facebook account it states the cat was diagnosed with this problem in Sept 2016, over a year after owning the cat.
If the kitten was poorly I would never have rehomed her, and if the owner had told me this at the time, I would have offered to have the cat back.
I feel this is attempt to try to get some money out of me, because the cat has developed this condition, which sadly I could never have forseen.
ive read about consumer rights but it is not easy to find an answer.
I was not a business (id have been hugely in the negative if i was) and bred for the pleasure of showing, breeding and owning my pets.
What if any grounds does this person have?
Thank you

bris

You don't need to worry, no court would take the claim seriously.


They would need to prove you knew about the illness but 2 years later that would be impossible to prove, and improbable a court would agree with her.


As for not being a business, if you breed and sell cats, even one, then that is a business.

elsien

Block her on FB. If she's serious, then she can contact you properly in writing.
If she's serious about taking you to court (which is unlikely) that would then give you the opportunity to check whether she's telling porkies or not.
You might want to post on the pet bit of the forum as well - I think there's sometimes people who are breeders in there who might be able to reassure you.

hollydays

Sounds like you've got nothing to reproach yourself for.
Did you suggest to her about pet insurance at the time?
Google suggests she would have been given four weeks free insurance wth gccf

iammumtoone

You were a business as you were selling something, whether you made any profit is irrelevant. Therefore you have to act like a business in dealing with this.

Having said that I don't think she has a case here. As a precaution I would take screen shots of all her Facebook posts relating to this just in case you need 'evidence' later on to prove her time frames.

If she says the cat had issues from day 1 then she needs to prove in court that she informed you of this. Let her take you to court I very much doubt she will get anywhere.

helenthompy

Hi yes, the kitten had 4 weeks free pet insurance with Agria and she was advised to register her cat with her vet asap.
I think its the worry and upset of being accused of being dis-honest

hollydays

helenthompy wrote: »

Hi yes, the kitten had 4 weeks free pet insurance with Agria and she was advised to register her cat with her vet asap.
I think its the worry and upset of being accused of being dis-honest

Yes, it's not nice.
Could she claim under this?
http://www.gccfinsurance.co.uk/pages/aboutbreedercover.aspx
When I bought a pup I got him checked out by my vet straight away. Presumably she was advised to do this?
I guess blood if it was present could easily go undetected

helenthompy

Yes she was advised of this, all set up for her, registration card and pedigree given. I asked her why she hadnt told me about the bleeding and she claims she didnt because she thought it was normal when changing the kittens food

iammumtoone

helenthompy wrote: »

I asked her why she hadnt told me about the bleeding and she claims she didnt because she thought it was normal when changing the kittens food

I would stop asking questions and getting too involved.

Just stick to the facts a animal can get ill at anytime, the kitten was healthy when sold (back this up with the vets report), the kitten was supplied with insurance and you advised that she could continue with that insurance.

No need to say anything else. I know it must be difficult as there is one of 'your' kittens involved and emotions and trying to help get in the way. But you need to think like a business so you don't incriminate yourself/make things more difficult in the unlikely event she does decide to take you to court.

hollydays

So did she activate it and does the gccf allow her to claim against this now( doubtful I think)

iammumtoone

hollydays wrote: »

So did she activate it and does the gccf allow her to claim against this now( doubtful I think)

Whether they will or not is not down to the OP to find out, its up to the cats owner.

I really think the OP should stop trying to help, no other business would if there is no claim (like in this case)