Small Claims Court (how to)

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StevenN

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Hi guys

It looks like that I that I have been mis-sold something and the suggested way to resolve the problem is via the small claims court.
I am lead to believe that it only costs £35 but without contacting a solicitor proper and commiting to take action I am unsure how to proceed.

Can anybody tell me the process and what to do first?

Many thanks

Steve
 
google "money claim online" and it will all be explained, the process is simple and costs are minimal. The criteria of what qualifies is clearly set out.

Before you do start, were you sold something by a business? If so explore trading standards and consumer direct as a help point. Also if you have home or business insurance they often chuck in a legal helpline and you can get come advice f.o.c.

Hope that helps you solve things

Paul
 
Hi Paul
Thanks for the reply. I will take a look and see what's to be done.
It was an individual who sold me something that turns out to be not as described.
They told me they declare the income for tax so dose that mean they are a business?

We will just have to see?

Thanks again

Steve
 
I dont think there is much recourse on a private dealing but good luck, its always worth a go.
 
did you pay via creditcard? as they might be able to help.
 
I took a guy to small claims who mis-sold me some porsche head lights. It took awhile but I got the money back and he has a CCJ against him.

Can't fault the on-line claims service, easy to use and clear on what needs to be done. As long as you have receipts, proof of purchase and proof that the item isn't what you payed for etc... should be straight forward.
 
I took a guy to small claims who mis-sold me some porsche head lights. It took awhile but I got the money back and he has a CCJ against him.

If he paid up he won't have a CCJ, it's only the unpaid ones that matter, paid ones don't show up in any sort of search.
 
If he paid up he won't have a CCJ, it's only the unpaid ones that matter, paid ones don't show up in any sort of search.
If paid within 28 days you can apply to have a CCJ removed from your credit file.

If you pay after 28 days the CCJ will remain on your credit file but will be marked as satisfied.
 
And of course, even if you win, you still have to collect. There are some people very good at avoiding payment even though they have ccj's against them.
Suggest you search first to find out if the person already has ccj's - may give you more of an idea if it is worth persuing.
I'm all for justice, but the last 2 times I've used money claim online I've yet to be paid. One company went into administration and I'm just one of a long list of creditors unlikely to be paid more than a fraction of a penny in the pound.
The other is a serial debt avoider - I tried to get his earnings attached, he gave up the job, he even moves house every 6 months to avoid his debts. 4 years on we still see post from debt collection agencies & bailiffs at the flat he rented from us for the debts he is running up currently.
 
Hi folks
Just to be different (my life seems to run this course)
My issue is with a dog breeder I recently purchased a puppy from.
The pup was advertised as being KC registered but 2 months down the line we still have no paperwork and the KC say no application has been made.

You could ask why bother?
I have two issues.
1. I have been sold something as being worth more than it actually is on paper anyway.
2. If the paper work has not been done could there be a more serious reason?
Breeders have a code of practice as well as ethics to work to.

Have a bought a right pup?
Or a nutter inbread putbull?
 
What has the breeder said when you have confronted them with the evidence that the dog isn't kennel club registered?
 
Hi SP
When we bought the pup we were told that papers would probably arrive the following week. Later we were told incorrect papers had arrived.
I contacted The KC who tell me no application using the breeder,dam or Sire's details has been made.
The lines of communication were mostly emails so I can proove intention.
 
Morning Steven
Have you asked the breeder for your money back, or at least if you're keeping the dog, some of your money back?
 
What kind of breeder is this?
If its a known breeder who shows dogs and has a good reputation then they will be keen to ensure you are happy and that their reputation remains intact. I'm assuming this isn't the case as it is unlikely you will have been messed about by this kind of breeder as you will have seen the mum/litter, been vetted for ownership and have been given paperwork and puppy food when you collected your pup.
If its a 'puppy farm' or a casual breeder then it won't be as straightforward. Have you spoken to them directly in person about this (not email)? If not feasable due to location then phone them up and ask what the delay is and for their confirmation the pup is KC registered. Tell them you would like to show the dog and so need the KC reg details.

What breed of dog is it? Most breeds now have active internet forums where you will get good info on breeders etc. if you join and post. If the place you bought is known to the forums they will be able to advise in the same way folk ask about car dealers/ garages on here. This may be a way of finding out other peoples experiences with your breeder.
 
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As described a straightforward misrepresentation, the question is what you wish to achieve with your action. If it is compensation for not having a registration you would need to prove your monetary loss, if it is a refund, then you would need to contemplate giving up the dog.

Good luck anyway - reputable dog breeders would have sorted a registration straightaway.
 
I know what your saying and yes to proove the value of the papers is difficult.
I could try the line of giving the dog back and by the same also claim for the upkeep.
The question I want answered though is why not?
Are they just ripping folks off? (9 pups in the litter)
Or is there a reason they couldn't be registered?
Communication with the breeder has stopped so I think the threat of court action is my only way of finding answers.
Ta
Steve
 
Just love the dog, take it on the chin, and put it down to experience, Less of a headache, life is too short.
 
I know what your saying and yes to proove the value of the papers is difficult.
I could try the line of giving the dog back and by the same also claim for the upkeep.
The question I want answered though is why not?
Are they just ripping folks off? (9 pups in the litter)
Or is there a reason they couldn't be registered?
Communication with the breeder has stopped so I think the threat of court action is my only way of finding answers.
Ta
Steve

Thinking about it, the measure of your loss is simple - without registration it isn't a pedigree dog as it is the act of recognition that makes it so, so check the local newspaper for your allsorts non-pedigree dogs and at what price they are for sale, and your loss would be the difference. I wouldn't go down the route of seeking recompense for upkeep as you would have had that anyway.

I wouldn't worry in particular about the motive - laziness, stupidity, cupidity or outright fraud, but trading standards should also be informed.
 
Hi Charles

Thanks for your words of advice

I believe that difference in value is about £175. The cost of registration is £13 per pup.
The cost of registering the litter of 9 pups would be £117.
They have sold all 9 pups so have made nearly £3500.
If it's all about the money then the outlay to register is a minimal expense.
My worry is that if the breeder has broken the guidelines on how many litters a year or even the compatibility of the parent dogs or other bad things.
Questions we may never get answers.
The breeder has nearly a year to register so they can still make thing right.
And I don't like being taken for a ride.
 

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