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Thread: Ragdoll cat 🐱

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  1. #26
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    Default Re: Ragdoll cat 🐱

    So sorry to read of your loss, it sounds like you really fought for this little cat. Was the underlying condition a result of the breeders neglect? We rescued a puppy once who had holes in her heart and other organs simply because her mum had not been wormed while pregnant.
    It really makes me sick to read about breeders like this and I totally agree you should seek back all your expenses. If the purchase price was over £400, plus the vets bills, plus distress, you could easily submit a claim for around 2k. It is still in the small claims track so you're at little risk of costs, hopefully she'll just pay up when she gets the claim....most do. Good luck xxx
    "Although scalar fields are Lorentz scalars, they may transform nontrivially under other symmetries, such as flavour or isospin. For example, the pion is invariant under the restricted Lorentz group, but is an isospin triplet (meaning it transforms like a three component vector under the SU(2) isospin symmetry). Furthermore, it picks up a negative phase under parity inversion, so it transforms nontrivially under the full Lorentz group; such particles are called pseudoscalar rather than scalar. Most mesons are pseudoscalar particles." (finally explained to a captivated Celestine by Professor Brian Cox on Wednesday 27th June 2012 )

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  2. #27
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    Default Re: Ragdoll cat 🐱

    Have you sent or emailed the breeder with a letter before action? I have read back and cant see where you said if you have. Below what to write if you havent


    If going to court is your only option,you must send the trader a formal letter before action (or letter before claim) to give them one last chance to settle the matter. You'll need to send a letter before action even if you have already written to the trader about the problem.
    What to put in the letter before action

    Write 'Letter before action' at the start of your letter, to make it clear it's a formal letter. Your letter should include the following details:

    • your name and address
    • the reason for your claim
    • a clear round up of the facts
    • what you want the trader to do to put things right
    • how much you're claiming. If you're claiming compensation for extra costs you've had as a result of the problem, you'll need to show how you have worked out the costs, including interest
    • a list of any documents you'll be using to prove that you are owed the money
    • an invitation to use alternative dispute resolution like mediation to sort out your problem, if you haven't already tried it
    • a date by when you want the trader to give you a full response. This will depend on how complicated the case is, but 14 days is usual
    • a request for any documents that you want the trader to provide which will help your case
    • a reminder that you will start court proceedings if the trader doesn’t reply to the letter and that this may mean they will have to pay extra costs
    • a reminder that both of you are expected to follow certain rules. These are set out in the Civil Procedure Rules and they aim to make sure the case is dealt with fairly. To find out more about them, go to www.justice.gov.uk.


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  3. #28
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    Default Re: Ragdoll cat 🐱

    Just back home, and of course I will help with wording of POC.

    Firstly tho' you should write to breeder telling her the cat, which is now deceased,which you bought on dd/mm/yy was not as advertised and you want your money back, plus your expenses plus damages for loss of enjoyment.
    Tell her how much you want.
    Advise her you are willing to use a mediation service to resolve the problem.
    Finally warn her that if she does not respond satisfactorily within 14 days you will initiate court action without further reference to herself.

  4. #29
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    Default Re: Ragdoll cat 🐱

    Thank you everyone.

    I am getting my letter together this morning.

    How much should i ask for damages?

    The cost of the kitten = £425
    Vet bills = 501.27
    Can I claim for things like food, kitten milk, toys, travel etc

    Many thanks
    Michelle

  5. #30
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    Default Re: Ragdoll cat 🐱

    Claim for everything you can think of, on the basis "don't ask, don't get!"
    You can negotiate down, but not up.

    Damages for loss of enjoyment: almost impossible to put a figure on that, including as it should the distress caused to you by your children's distress, as well as your own.
    For holidays the figure seems to settle around £500

  6. #31
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    Default 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


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  7. #32
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    Default 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).
    Any posts made by myself are intended as general guidance in relation to your rights and responsibilities, and does not constitute legal advice nor does it create any kind of relationship. No liability can be accepted for any losses, omissions or errors that may arise from your reliance on any advice, information or other matters published on this forum by me. Should you require legal advice, you can do so by using the Law Society's Find A Solicitor or contact your local Citizen's Advice Bureau.

  8. #33
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    Default 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!

  9. #34
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    Default 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

  10. #35
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    Default 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.

  11. #36
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    Default 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

  12. #37
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    Default 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.

  13. #38
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    Default 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


  14. #39
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    Default Re: Ragdoll cat 🐱

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


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  15. #40
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    Default Re: Ragdoll cat 🐱

    Quote 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

  16. #41
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    Default Re: Ragdoll cat 🐱

    Quote 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


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  17. #42
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    Default 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.

  18. #43
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    Default 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

  19. #44
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    Default 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.

  20. #45
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    Default Re: Ragdoll cat 🐱

    Ahhhhhhhh no pussy footing then lol

  21. #46
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    Default Re: Ragdoll cat 🐱

    Think as long as you put all the facts in her name address, yours too what she agreed, amount and a date for the payments, that this will be legally binding and if she fails to pay then court it is, also get it witnessed


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  22. #47
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    Default Re: Ragdoll cat 🐱

    Any update please?


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