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Advice re. small claims court

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  • Advice re. small claims court

    I was hoping someone could advice me on if I am likely to win this case and if so what are my next steps.

    So short story I was sold a kitten, it was advertised as 9 weeks old and said to be vet checked twice and healthy. We have the evidence of this advert. I paid for the kitten via bank transfer and have the proof.

    The kitten became ill within 24 hours and saw a vet within 48 hours. The vet stated the kitten was 6 weeks old, malnourished, underweight, had worms and also had another serious infection. Following several hundred pounds of vet treatment the kitten died.

    I have a statement from the vet regarding all this and copies of bills. The seller admitted the kitten was younger by text message at a later date but denied the kitten being ill. I am aware that the other 3 kittens in the litter were also ill with the same condition and 2 have also died, 1 in still in treatment. The other owners are willing to be witnesses as is my vet.

    Myself and the other owners plan to sue for the vet bills incurred and refund of the kitten on the grounds they were falsely advertised and vet checked and healthy and also we were misled as to their age and in fact they were too young to be rehomed.

    The RSPCA are involved as are the police as I have received threats due to requesting this money.

    I have used money claim online to submit the initial claim, do I send detailed particulars at the same time of wait for a response? Also am I likely to win this?
    Tags: None

  • #2
    Re: Advice re. small claims court

    Hi Rebecca2505 & welcome to LB.

    There was a thread similar to this on LB a short while ago.
    There might be some useful info on it for you.
    I'll try to find it.

    - - - Updated - - -
    Link to thread.
    http://legalbeagles.info/forums/show...hlight=ragdoll
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Advice re. small claims court

      That's interesting. Unfortunately it wasn't updated, wonder if they won in court in the end.

      Comment


      • #4
        Re: Advice re. small claims court

        It appeared to be tending toward an out-of-court agreement, but, as you say, no definite conclusion.

        But I'll give [MENTION=141]enaid[/MENTION] & [MENTION=39710]des8[/MENTION] a nudge for you, as they were fairly active on that particular thread
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Advice re. small claims court

          Originally posted by Rebecca2505 View Post
          That's interesting. Unfortunately it wasn't updated, wonder if they won in court in the end.

          Hi and welcome, sadly many don't update their threads no matter what the result.
          I am so sorry you have gone through this as have the others who bought from this, well can only call a back street breeder. They often come across as genuine etc but where money is involved they have no shame or feelings imho.
          You have started your claim? filled in the N1 ?
          Did you send a letter before action?

          Comment


          • #6
            Re: Advice re. small claims court

            I have started the claim online using moneyclaimonline yes. I didn't do a letter before claim no, the police are involved as she is threatening me and my family so I didn't see the point really.

            Comment


            • #7
              Re: Advice re. small claims court

              Ok no problem it's just the usual thing to do, but this is not that straightforward if the police are involved. I presume they are involved just on the threats to you and yours?
              That has nothing to do with you wanting your money back and perhaps court action is the only way you will, although that always is not guaranteed if you win.
              I do hope the RSPCA are fully involved and action is taken to ensure this person cant carry on.

              Comment


              • #8
                Re: Advice re. small claims court

                Yes police involved due to threats. I did message her and tell her she has so long to refund the money or I file a small claims court so I suppose she was pre-warned if that makes sense. RSPCA are involved but not interested. Do I send particulars now? It said 14 days from service?

                Comment


                • #9
                  Re: Advice re. small claims court

                  Hi and welcome

                  Could you post up details of your claim so we can see if you need to send fuller Particulars?

                  Comment


                  • #10
                    Re: Advice re. small claims court

                    Sorry I'm not sure what you mean. I've wrote a day by day list of what happened and vet bills etc. As well as communication between us but it dosnt all fit in the box on the online claim so in there I just wrote a basic account and added at the bottom I would send detailed.

                    Comment


                    • #11
                      Re: Advice re. small claims court

                      All it needed was a brief description of your claim

                      The detailed account comes later in your witness statement, if the claim is defended.

                      Comment


                      • #12
                        Re: Advice re. small claims court

                        That's what I thought but then the claim form sent to her, which I can see says she has 14 days to respond and it says it's 14 days from receipt of the claim form or from the detailed particulars if sent separately?

                        Comment


                        • #13
                          Re: Advice re. small claims court

                          If you can post up exactly what you wrote on the claim form as particulars, we can help draft further particulars if you said they were to follow.

                          Comment

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