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The buyer was refunded but they want a dog back

2

Comments

  • Oh my gosh I love this idea!
  • bertiewhite
    bertiewhite Posts: 1,904 Forumite
    1,000 Posts
    I used Firefox's solicitor tactics when an old neighbour of mine started playing silly beggers. Each time I received a letter from his solicitor, I'd write straight back but I made sure my letters were rather ambiguous so that his solicitor had to clarify what I meant by sending more letters. Even better, my letters were handwritten and hand delivered so the cost to me was minimal and in the end, the neighbour gave up. I wish I knew how much he'd spent though.
  • Trus
    Trus Posts: 18 Forumite
    10 Posts Name Dropper First Anniversary
    Does it change the situation that we signed a paper contract when I sold the puppy? The person still has her copy of the contract,as we negotiated the return /refund after I got the dog with me? Or does our negotiation by email stand as a contract 2, where I become a buyer and them a seller? Thanks
  • elsien
    elsien Posts: 36,165 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Dogs count as goods under the law. The buyer wanted a refund, they returned the goods and got their money back. They really can't have it both ways.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Trus
    Trus Posts: 18 Forumite
    10 Posts Name Dropper First Anniversary
    Oh wow, thanks a lot ! And the quotes from the sources too! I am preparing the letter, compiling the paperwork proving who paid for the dogs vet bills, training, assessments. Also including a list if my expenses and that if they take me to court I would seek 6 weeks worth of full board for the dog (yes that's how long it's been with me!!) , Mileage for two trips to them (12hrs in total!!) And all the vet bills and behaviourist costs trying to put the dog right.
    I will keep you guys posted on the progress!!
    Thanks so so so much. I lost sleep over this , I am an artist by trade and quite sensitive to stuff like that...
  • elsien
    elsien Posts: 36,165 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    As a non-legal bod, I do think you're complicating things with the above case law. I'd just stick to either ignoring or following Firefox suggestion. The OP quoting case law they probably don't fully understand isn't going to help them.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Savvy_Sue
    Savvy_Sue Posts: 47,359 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    elsien wrote: »
    As a non-legal bod, I do think you're complicating things with the above case law. I'd just stick to either ignoring or following Firefox suggestion. The OP quoting case law they probably don't fully understand isn't going to help them.
    I fully agree with elsien. If you are too specific, they can counter that specific case. If you say "no", they have to make a widespread argument for no.

    I do like Firefox's suggestions ...
    Signature removed for peace of mind
  • Trus
    Trus Posts: 18 Forumite
    10 Posts Name Dropper First Anniversary
    Just to let you all know guys, nearly two weeks gone passed and I haven't heard from the solicitor. Not sure if that's the end of it all..
  • gomer
    gomer Posts: 1,473 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Just tell them you haven't even got the dog anymore. It was rehomed when they returned it lol
  • Spendless
    Spendless Posts: 24,684 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    elsien wrote: »
    Dogs count as goods under the law. The buyer wanted a refund, they returned the goods and got their money back. They really can't have it both ways.
    Exactly. I was wondering in what world do you get to return something for a full refund and keep the item as well. :think:
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