Private purchase - puppy with health issues

sheramber

I was recommended to her by the owner of my current dog

Are you not the owner of your current dog?

ken_1969

Just an update - mainly for the benefit of those who might be searching the forum having a similar issue.

Please ignore all the naysayers. Despite all the bluff and bluster from both the defendant and her "lawyer" about putting up a "full defence" - and indeed some on the forum here who agreed that I didn't have a leg to stand on - in the end once it became clear I was not going to back down they presented NO DEFENCE AT ALL and defaulted.

A county court judgement was duly served for the full amount, plus court costs and interest.

If something like this happens to you, do not be cowed or discouraged - you are in the right, and it is absolutely worth pursuing.

Hopefully upcoming changes in UK law (Animal Welfare Act 2006 will be modified in October 2018) will improve the situation for other puppy buyers. The new law means that "anyone who breeds and sells dogs for commercial gain is classed as a business, and needs a license".

In the past you were only required to be licensed if you bred more than 3 (or in some regions 5) litters in any 12 month period. Going forwards, simply selling any puppies (ie making commercial gain) requires you to be licensed.

This should greatly reduce the number of unlicensed "back yard breeders" like the lady I bought my puppy from, and reduce grey areas in the law like this that historically have resulted in a lot of stress and uncertainty for buyer.

Thanks to those few who had positive advice / encouragement to offer. For those of you in the "not a leg to stand on" camp - perhaps in future you should refrain from commenting when you don't have anything of value to offer?

Aylesbury_Duck

ken_1969 wrote: »

For those of you in the "not a leg to stand on" camp - perhaps in future you should refrain from commenting when you don't have anything of value to offer?

Easy to say after the result. How do you expect people to contribute to a thread if, by your reasoning, they can only do so if they can see into the future? Or are you another of those posters who only wants opinions and advice that suits you?

The time to crow is when you have the money. Winning the case is one thing, enforcing payment can sometimes be another matter.

Aylesbury_Duck

Oh, and just like that....

https://forums.moneysavingexpert.com/discussion/5874655/unserved-county-court-judgement-what-can-i-do

meer53

ken_1969 wrote: »

Just an update - mainly for the benefit of those who might be searching the forum having a similar issue.

Please ignore all the naysayers. Despite all the bluff and bluster from both the defendant and her "lawyer" about putting up a "full defence" - and indeed some on the forum here who agreed that I didn't have a leg to stand on - in the end once it became clear I was not going to back down they presented NO DEFENCE AT ALL and defaulted.

A county court judgement was duly served for the full amount, plus court costs and interest.

If something like this happens to you, do not be cowed or discouraged - you are in the right, and it is absolutely worth pursuing.

Hopefully upcoming changes in UK law (Animal Welfare Act 2006 will be modified in October 2018) will improve the situation for other puppy buyers. The new law means that "anyone who breeds and sells dogs for commercial gain is classed as a business, and needs a license".

In the past you were only required to be licensed if you bred more than 3 (or in some regions 5) litters in any 12 month period. Going forwards, simply selling any puppies (ie making commercial gain) requires you to be licensed.

This should greatly reduce the number of unlicensed "back yard breeders" like the lady I bought my puppy from, and reduce grey areas in the law like this that historically have resulted in a lot of stress and uncertainty for buyer.

Thanks to those few who had positive advice / encouragement to offer. For those of you in the "not a leg to stand on" camp - perhaps in future you should refrain from commenting when you don't have anything of value to offer?

It must be satisfying to win your case but it won't stop people like this. Even a CCJ wont bother them, you'll still have to take further action to get your money. In the meantime, more animals will be sold.

Fosterdog

You getting a CCJ against them because they chose not to defend it is not the same as the law being on your side. At the end of the day they offered you a full refund if you returned the puppy, if this was any other item that a living creature that is exactly what you would be demanding. The fact you chose to decline their refund because you wanted to keep the puppy is your own doing.

I'm on your side on moral grounds, I could never give an animal back to somebody who I knew wasn't going to care for it properly, but legally you just got lucky that they didn't bother defending.

CardinalWolsey

Two points here:

1/ You may have "won", but the breeder hasn't "lost". They simply took a business decision that it would be most cost-effective to not defend the action. At this level of court, costs that you can claim are extremely limited, so even if the breeder felt they could win it, it could well have cost them more in legal fees to defend than they reclaim.

2/ Decisions made at this level of court set no precedent, so whilst your case might be encouraging to others in a similar scenario, it puts them in no better position (particularly as you "won" by default).

Finally, as @meer53 said above, you now have to actually get the money. Did you make the claim against the individual or a business? Hopefully against the individual. If a business, is that business still in operation, still trading, have any assets...? The breeder, if trading as a business, may have taken the low cost option of not defending the case and winding that business down - leaving no assts for you to claim against. So again, hopefully for you the claim was against the individual.

k3lvc

Aylesbury_Duck wrote: »

Oh, and just like that....

https://forums.moneysavingexpert.com/discussion/5874655/unserved-county-court-judgement-what-can-i-do

But the OP 'won' and everyone else is a nay-sayer :rotfl: