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Issues with sick Puppy

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Just looking for some advice ...

I bought a new puppy and brought him
Home on 14th February ... when we picked him up we were told he was healthy and had a full vet check and no issues

After getting him home we noticed the dog was sick after eating .. we put this down to separation anxiety after being moved to a new environment .. this was still the same two days later so we called our vet ... we we’re asked to try using a plain diet of chicken and rice and see how he went ... fast forward a week (21st Feb) and his vet appointment we explained still the same .. the vet checked and explained she needed an X-ray and to speak to breeder ... we spoke to breeder who said yes he was sick after food but we thought it was greed as he eats fast and didn’t feel they needed to speak to their vet about this or tell us ( dispute research telling me this should have been alarm bells to the breeder ) .... we reported this info to our vet and paid £350 for X-rays to be told he has a genetic condition that he was born with and the breeder should have picked up the sickness and spoke to her vet .. we told breeder and they refuse to refund any money towards him and the expensive vet bills we face as he left healthy in their eyes

The pup Is facing a £7k operation and thankfully we have insurance to cover this .. but we want some money back from them breeder for the sale of this sick. Dog ... and then to accept their lack of responsibility .. the breeder can’t fix him or afford to fix him and has said this to us

What do we do ? Where do we stand ?can we take a small claims court

We can’t take the pup back as ethically it’s weonf when we can get his insurance to pay out and the breeder can’t pay or afford this :(
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Comments

  • A puppy is do different to anything else you buy. So write a letter before action informing the breeder that you will go through the small claims route. Give them a deadline to respond with an offer of refund, repair or replace. Then if they fail issue small claims proceedings
  • refund, repair or replace.
  • Thanks

    We have asked them for a refund and we will then use that money as a back up to his vet bills but still refused

    Will try the small claims seems to be the best way just wanted to check we have the option
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    The problem with the refund option is that the puppy would then belong to the breeder again, you cannot keep the money and the "item" in any other contract it's not really an issue but obviously if you already have an emotional attachment and wouldn't trust the breeder to provide proper care for your puppy then it is a very difficult choice to make.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Are you sure the insurance will cover this? I thought they didn't cover pre existing conditions.
  • Yes I understand that he belongs to us and to ask a refund would belong to them but they have said they can’t afford to cover his operation and would see no option but to put him to sleep so we have offered to keep him and support him and asked for the money back to support paying the bills

    Thankfully we used our common sense and took insurance out before we got him and as the breeder did not discuss it with her vet it’s not classed as pre exsisting as it’s only pre exsisting if medical advice was sought medication given for that condition before taking the policy out so thankfully as the breeder didn’t mention it to their vet it’s classed as new
  • Yes I understand that he belongs to us and to ask a refund would belong to them but they have said they can’t afford to cover his operation and would see no option but to put him to sleep so we have offered to keep him and support him and asked for the money back to support paying the bills

    Thankfully we used our common sense and took insurance out before we got him and as the breeder did not discuss it with her vet it’s not classed as pre exsisting as it’s only pre exsisting if medical advice was sought medication given for that condition before taking the policy out so thankfully as the breeder didn’t mention it to their vet it’s classed as new

    I think you need some legal advice on that. If you get a refund and hand the dog back it’s not your problem what they do with him. As you don’t want him put to sleep it sounds like you are accepting the dog in the condition it’s in. Your insurance will cover the op so why should the breeder refund you?
  • we have offered to keep him and support him and asked for the money back to support paying the bills
    How very magnanimous of you! :eek:
    So basically, you want to keep the dog but want a refund of the purchase price even though you can claim on the insurance to pay for his treatment?

    I doubt the breeder will agree to this and I doubt you'd have success in any court on those terms.

    Either you keep the dog and claim on the insurance or you get a refund and the dog's ownership reverts to the breeder.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Does the insurance have an excess?
    Are they paying for the x-ray too?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    How very magnanimous of you! :eek:
    So basically, you want to keep the dog but want a refund of the purchase price even though you can claim on the insurance to pay for his treatment?

    I doubt the breeder will agree to this and I doubt you'd have success in any court on those terms.

    Either you keep the dog and claim on the insurance or you get a refund and the dog's ownership reverts to the breeder.

    That's a pretty callous response. If the puppy goes back to the breeder they have said they will put it to sleep (presumably at some cost to them). Whereas if the OP keeps it they will pay for further treatment so that the puppy can live, but use the refund of the purchase price to offset costs already incurred. Either way the breeder will be out by the original cost, but in the latter they don't have to pay for it to be killed and the puppy stands a chance of being in a good home.

    While your argumet may be legally correct it's of very dubious morality.
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