Dead parrot sketch

An_onnymouse

I make light with the title, but my daughter is distraught 😢

We got a green cheeked conure for £150 from a pet shop. My daughter had been saving for a long time, done 3 years of research and longing and we agreed this birthday. She is a mature 15yo and I trust her implicitly with animals

Long story short, the pet shop card machine was ‘broken’ and had to get cash (got a receipt)

The bird lasted 48 hours and died in the night. My daughter gave it the utmost care and attention.

I very nicely messaged enquiring next steps and got a message insisting on a post mortem before anything would be even considered. This costs a minimum of £100 and I believe the ownus is on the retailer to prove I am at fault. Communication has just stopped so I will send a recorded letter demanding money back (pets from a business I believe are classed as ‘goods’ and covered under same laws.) Originally I would have been happy to have a replacement, but the ignored messages and calls and (some awful) Facebook reviews have just destroyed any trust.

Question is, (and I feel deeply uncomfortable doing this, but think it necessary) do I return the bird with the letter, as it is classed as goods. I cannot Indefinitely keep a dead bird, but if my daughter buries it, there will be no more ‘faulty goods’.


The retailer is maybe an hour and a half away and not just a quick nip into town

Any advice?

dj1471

As with all goods any "fault" is deemed to be inherent within the first 6 months, it's for the retailer to prove otherwise.

Pay for the post mortem as you can't really keep hold of the bird then send them a letter before action including the cost of the PM and proceed with small claims court.

An_onnymouse

Thanks. I know a lot of SC remain unpaid, according to my google search. Incurring the cost of the original bird all over again on a post mortem just to possibly get a refund worries me. Is this my only option, or can I return it for them to choose to post mortem after. They want to determine ‘breeder error’, whatever that means, but my contract is with them, not the breeder.

davidmcn

Not sure what caselaw there might be on this, but are retailers even liable for "inherent" (but not obvious) health problems of animals?

An_onnymouse

I had drafted this before your response. Nothing printed or posted yet...

Dear xxxx

Notice of intention to reclaim cost of faulty goods under the consumer rights act 2015.

Thank you for your electronic message response to my wife regarding the purchase and subsequent death of my daughters Green Cheeked Conure, purchased two days prior to its death from your business.

You have made your stance on this matter very clear in your lengthy reply and demand to have a post mortem, the cost of which is disproportionate to the original cost of the bird.

As an animal selling business, you are governed by consumer law and when you sell to a customer, you are agreeing to a binding contract. These customers have certain rights by law.

I enclose the bird, so that you may continue with the post mortem to satisfy your question over whether or not it is breeder error. In the mean time, as the retailer, your contract with myself is governed by the consumer rights act 2015 and does not concern your supplier.

Under the consumer rights act 2015, pets are considered ‘goods’ in the eyes of the law. The Consumer Rights Act 2015 stipulates that goods must:

-be of satisfactory quality

-be fit for a particular purpose

As the bird died within 48 hours, it is not of satisfactory quality and not fit for purpose.
Please send a cheque to the above address within seven days from the delivery of this letter for £150 in reimbursement of the faulty goods.
The accessories I purchased are not faulty and so I am happy to keep them and just receive reimbursement for the bird. I have sent you evidence of the deceased bird in prior communication, showing the original leg ring tag and you have acknowledged this. I now enclose the bird with this letter for you to pursue the post mortem you wish to have done after you have refunded my daughters money.

Please send a cheque payable to ‘xxxxx’ to the above address within 7 days of receipt of this letter, so that the matter can be considered closed and no further action taken.

An_onnymouse

davidmcn wrote: »

Not sure what caselaw there might be on this, but are retailers even liable for "inherent" (but not obvious) health problems of animals?

Google says they are classed as ‘goods’ when bought from a retailer. However, I am not a trained law person and just a bit upset for my daughter. I don’t make a habit of firing letters off to businesses...

DoaM

Did you pay by cheque? If not then the seller must refund to the same manner as payment; only if this is impossible can a mutually-agreed alternative method be taken. (Money Laundering regs).

TonyMMM

The shop may just refund, but if not and you want to be able to pursue a claim you will have to get the post mortem done (and add the cost to your claim).

If you don't the shop can just submit a defence that the bird was in good health and your care must have caused the death - you will have no way of countering that (however unlikely it may be).

An_onnymouse

Ok, thanks for your help all!

An_onnymouse

DoaM wrote: »

Did you pay by cheque? If not then the seller must refund to the same manner as payment; only if this is impossible can a mutually-agreed alternative method be taken. (Money Laundering regs).

No, cash. The more I think about it, paid cash because the machine was ‘broken’, bird in a cage on its own away from other ones, when all others were together. I don’t think it’s looking good and I may need to suck it up and learn a lesson 😳☹️

Fosterdog

An_onnymouse wrote: »

No, cash. The more I think about it, paid cash because the machine was ‘broken’, bird in a cage on its own away from other ones, when all others were together. I don’t think it’s looking good and I may need to suck it up and learn a lesson 😳☹️

Did you ask why the bird was away from the others? What made you choose that bird in particular if there were others to choose from?

As it stands there is probably a 99% chance that there was something wrong with the bird when you bought it, but without a post-mortem it could just have easily choked on some birdseed, died of shock from something in the new environment scaring it or something else causing a problem, or inhaled a chemical or air freshener (maybe perfume or body spray from the teenage daughter?).