I am scared because although the vet said he was suffering with something in his brain, we couldnt have a scan or further tests done, the vet was treating him for the things he thought it could be. So this is the reason the breeder doesnt seem to think she has any responsibility. Like iv said in a way i take that on board, BUT she has been unable to prove to me that he want born this way, we have to pay out £1000+ with a good chance the problem was there before we got him were she is sat pretty with £2-3000 in her bank account? After no outlay whatsoever. As well as that - the solicitor said that misrepresented us with the age of the dog, as she led us to believe he was a 8 week old puppy, only giving us his papers once we'd paid for him that revealed his real age.
I just wish i could get in touch with the owners of the other littermates.
Tell you what il cut and paste my letter!
You have 14 days from the date of this letter to comply with the demands contained herein
Dear Mrs
You may remember that I laid down a deposit on a puppy from you on the 31st March 2008. At this point I was reliably informed that the dog I was about to purchase was seven weeks old.
On the 7th of April, we were contacted by you, informing us that the puppy was a few days off eight weeks and we could collect the animal whenever we want as they were fully independent of their mother. Not once did you point out the real age of the dog. Only after the contract had been fulfilled and I received the dog’s paperwork, did I find out its real age.
I feel that you breached the contract that we had to supply me with a healthy eight week old puppy. By failing to inform me of the dog’s actual age, and making statements about the dog’s “supposed” age, you therefore induced me into the contract. Puppies learn vital social skills from their mother and litter mates, and I feel my puppy missed out on this necessary life skill.
Furthermore I feel the dog came to me in bad health, without any proof of health checks, inoculations or necessary treatment. Within two and a half weeks the dog had collapsed and needed urgent veterinary care. Three days later the dog suffered another and four days later on discovering the dog had a build up of brown sticky substance needed treatment for ear mites. Then after daily treatment and medication in our vain attempts to bring this puppy to health he collapsed again, this final time not recovering and leading to euthanasia of the puppy at the age of 13 weeks. This whole situation has brought extreme sadness to me and my family having to watch helpless as this puppy we had loved and devoted our time to deteriorate and suffer in such a heart wrenching way.
It is alleged that by saying that the dog was 7 weeks (when in fact its real age was 5 weeks 1 day) was a negligent misrepresentation, because had we know the age of the pup, we would have not entered in to the contract to buy.
Further to this, s2 (1) of the Misrepresentation Act 1967, provides a remedy for such an event, which is not limited to but including damages.
As per Esso Petroleum v. Mardon (1976) 2 All ER 5 (CA), you owed a duty of care to me, in that I was relying on your expertise as a dog breeder.
I therefore claim £###.## in vet’s fees relating to the care of the dog. Should this matter go before a court I will also be claiming statutory interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum plus costs associated with bringing the claim to court.
Please beware of the 14 day time limit; should I not receive a satisfactory response to this matter, I will have no other option but to file a claim in the county court.
Yours Sincerely,
