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Ragdoll cat 🐱

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  • #31
    Re: Ragdoll cat 🐱

    I am unsure about the amount you can claim for 'loss of enjoyment' and as far as I am aware and I may very well be wrong if it went to court (as hopefully this wont) then it is not something usually awarded especially as though as upsetting as this is you did not have the kitten very long.
    Everything you have spent I would claim for and if anyone comes back with a proper figure for you to claim I would just claim for your total costs in the letter and also state you will also be claiming for loss of enjoyment to be determined by the judge. This in my opinion will put the wind up the seller as to how serious you are and how much you are seeking.
    Like I say hang fire for others to advise just saying what I would do. xx

    Comment


    • #32
      Re: Ragdoll cat 🐱

      Loss of enjoyment is generally an award of damages that relates to some injury, so in holiday cases where Des has described, usually the claimant would have fallen ill or injured physically due to negligence of the holiday company and therefore the claimant would not have been able to enjoy the holiday as much, hence loss of enjoyment (also sometimes known as loss of amenity).

      As to applying it in this instance, I don't think it falls under the above though it is possible to claim damages for inconvenience and discomfort and I have heard of claims in negligence and particularly nuisance claims where this was successfully claimed. Distress alone cannot be claimed but it has previously been claimed as aggravated damages where the loss of enjoyment (the kitten perhaps in this case) over time was particularly important to the harm suffered. You have to plead specifically aggravated damages in your particulars of claim.

      But generally your claim would be negligent misrepresentation and the alternative claim is innocent misrepresentation (where the seller has to prove that they generally thought the age of the kitten was correct).
      Click here to check out my list of templates

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      Comment


      • #33
        Re: Ragdoll cat 🐱

        As I said inPost 19 "Generally speaking the courts will not entertain such a claim, but " Where the very object of a contract is to provide pleasure, relaxation, peace of mind or freedom from molestation, rdamages will be awarded if the fruit of the contract is not provided o if the contrary result is procured instead.”Bingham LJ in Watts –v- Morrow 1991"

        The whole purpose in buying a pedigree cat is as a pet is for future pleasure, one would not buy it as an aid to reducing the local rodent population!

        Comment


        • #34
          Re: Ragdoll cat 🐱

          Thank you everyone -

          Well just at the end of typing up a letter and I get an email from the breeder -

          Hi,
          Sorry I have not got back to you as you know I've been very ill myself with my heart and I am very sorry to hear this devastating news.
          Regards

          do not know how i was meant to know about the heart problem since she had not contacted me since 8th December!

          What you suggest I do?

          Many Thanks
          Michelle

          Comment


          • #35
            Re: Ragdoll cat 🐱

            Tell her you are very sorry to hear about her heart problems!
            Of course this may just be an attempt to play the sympathy card, and it doesn't alter the facts that she misrepresented the cat's age, etc etc
            So also carry on with your claim, but perhaps soften your wording and ask for her proposals.

            Comment


            • #36
              Re: Ragdoll cat 🐱

              Hi Guys.

              How she is saying that she was in fact selling them for a close friend and they went to the vets before they where sold! Also she wants a vet report so 'her friend' can sort it out.

              There was never any mention that the mother cat, who I saw was not hers nor the Kittens!

              Many thanks
              Michelle

              Comment


              • #37
                Re: Ragdoll cat 🐱

                If you have already sent her a letter warning of court action now write to her that the response is unsatisfactory and you are now preparing papers to initiate court action.

                Comment


                • #38
                  Re: Ragdoll cat 🐱

                  Hi I replied to the previous email she sent with this -
                  Hi Linda,


























                  I am very sorry to hear about your heart problems you have been having and thank you for taking the time to get back to me.


                  Princess was a huge loss to us both emotionally and financially especially just before Christmas.

                  As you had not responded to my previous messages, I decided to gain legal advice.
                  On that advice I was on the first steps of taking legal action against you.

                  However after receiving your email this evening with the reasons you have not been able to respond to me I hope that we can come to an agreement between ourselves.

                  As I'm sure you can understand I am seeking to get back the financial loss I have occurred at the direct result of purchasing a kitten from yourself which, according to to numerous vets, was
                  not fit for sale.

                  Here is a brief breakdown -
                  Cost of kitten 425
                  Vet fees 501.27
                  Items purchased for the welfare and health of the kitten 62.82

                  I can provide a full breakdown, invoices and receipts if you should request them. Vets have also offered to write reports should the matter go to court.

                  I have also been advised to seek loss of enjoyment compensation of around 500 but I am open to discussion if we come to an arrangement between ourselves without having to go to court. Of course there will be court costs added, again only if this goes it court.

                  If I do not hear from you within the next 14 days I will continue with the legal action.


                  Does this count of will I need to send another letter?

                  Many thanks
                  Michelle



                  Comment


                  • #39
                    Re: Ragdoll cat 🐱

                    Good letter imo i would have given her 7 days but that's just me xx

                    Comment


                    • #40
                      Re: Ragdoll cat 🐱

                      Originally posted by enaid View Post
                      Good letter imo i would have given her 7 days but that's just me xx
                      Thank you.

                      She is really making me angry with her lame excesses. I hope this will teach her a lesson if nothing else!

                      Michelle x

                      Comment


                      • #41
                        Re: Ragdoll cat 🐱

                        Originally posted by mich0130 View Post
                        Thank you.

                        She is really making me angry with her lame excesses. I hope this will teach her a lesson if nothing else!

                        Michelle x
                        I just hope you get a reply and a resolution, but please don't give up even if it goes to court you may not get your money back that's a chance that has to be taken. She really needs a slap imho and I hope you reported her on the selling site too.x

                        Comment


                        • #42
                          Re: Ragdoll cat 🐱

                          That letter was just fine.
                          You don't need to send another letter, but a note to say her response was unsatisfactory and you are now preparing papers to initiate court action might draw a response.

                          Comment


                          • #43
                            Re: Ragdoll cat 🐱

                            Hi Everyone again,

                            Well I got an offer when I said I was going to court. I said I would take 900 if the matter didn't go to court, which she has excepted IF she can pay 200 per month to me.

                            I was thinking maybe this is the better deal as if it went to court i might end up with her paying 20 a mths or something silly like that. Also maybe ask 420 up front as after all I paid that in cash for the kitten in one payment.

                            What do you guys think??

                            Also I will want to put an agreement in righting so help with wording would be great please.

                            Many thanks
                            Michelle

                            Comment


                            • #44
                              Re: Ragdoll cat 🐱

                              THat sounds like a satisfactory conclusion.
                              I'm not at home at present and using a semi working computer so not even going to try and draft an agreement , but if you google <payment agreement template betwen two parties> you should be fine.

                              Comment


                              • #45
                                Re: Ragdoll cat 🐱

                                Ahhhhhhhh no pussy footing then lol

                                Comment

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