consumer rights and private seller

[natant24]

Hi all, Im just wondering if I could get some advice.

This is all my own stupid fault and I cant believe I have been so stupid, but I hope that I can somehow rectify this mistake.

My 2 kids have been hassling us for a while now for a dog, so on the advice of a friend we started to search on Gumtree. We spotted an advert for a dog that we thought the kids would love. The advert stated that the dog was 19 months old and available for rehome because the dog did not get on with the other animals in the house. I went up to the address the woman gave and handed over £250 quid for this dog. Next day, I take it to the vet for a once over and get told it is 10 years old. At least.

I immediately got in touch with the seller and told her I wanted my money back and she said she had spent it already (in less than 24 hours). She told us she would be able to borrow the money off a friend and get it back to us and then she said she would re-sell it, no doubt de-frauding someone else too. Today was supposed to be the day, we rang her and she said she hasnt got the money and wants us to hand over the dog so she can re-sell it and then give us the money back. Never gonna happen!

What, if anything, can I do now? I have been in touch with citizens advice consumer action people and they said to send copies of evidence and a covering letter stating sale of goods act to this person recorded delivery giving her 14 days to respond. Im out of my depth here and am feeling very stupid and sorry for myself.

There is no receipt of sale, but I do have a copy of the advert she posted, a letter from the vet confirming the age, and mobile records of numerous attempts to contact the seller. I understand I am probably going to have to write this money off, but if theres a chance I could get it back, I would like to try.

[Kati]

Re: consumer rights and private seller

Try this - https://www.citizensadvice.org.uk/co...before-action/ it might just 'scare' her into getting it sorted

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.

• For an example of a letter before action
• Rules about making a court claim

You will have to decide what you want to happen with the dog first ... would you ideally want to keep it (and get a partial/full refund) ensuring that this poor dog isn't re-sold as soon as they get it back? Or would you just want to cut your losses, return the dog to this person and get a full refund (possibly including vet bills you've incurred)?

[enaid]

Re: consumer rights and private seller

You should also report the matter to Gumtree not sure if you will get much joy but if the same person is still selling they should do something if enough people complain
http://help.gumtree.com/knowledgePro...il%20alerts%27

[natant24]

Re: consumer rights and private seller

Thanks for your reply. :tinysmile_grin_t:

We have been talking about this my OH and I, and we have come to the conclusion that its just not feasable for us to keep such an old dog. She won't go on a lead to walk, she won't go near the kids, she doesn't play with them and jumps at every little noise. My 2 kids are quite boisterous, they are only 5 and 7 years, and they wanted a dog that they could run in the park with and play with, which is why I thought this dog would be ideal. I have all the evidence already I just didnt have a clue how to go about writing this letter, so thank you very much!!!

We did try and say partial refund to the seller but she flat out refused that offer also.

[natant24]

Re: consumer rights and private seller

Enaid thank you also, I emailed Gumtree as soon as we got back from the vet, they are going to monitor the sellers account as there was a few dogs and horses at the property and they could end up on the site as well.

They did email me a copy of the advert that the seller posted also.

[enaid]

Re: consumer rights and private seller

Can I ask if you think the dog has been used for breeding, is it a pedigree? If you have any suspicions at all about why the dog was for sale then a call to the RSPCA is in order

[Kati]

Re: consumer rights and private seller

And if you're worried about them just re-selling it if you hand it back, you could look into finding it a new home yourself. I know there are lots of people willing to offer an older dog a good retirement home

[natant24]

Re: consumer rights and private seller

The dog is a pedigree, a pomeranian. The vet did say he had a sneaky suspicion that she was used for breeding and not much else as she does not interact at all with any person. The dog was probably for sale because it is now too old for breeding Enaid. :tinysmile_cry_t:

- - - Updated - - -

Thanks Kati, we are going to look into re-homing her and see if a more suitable family can be found for her. I feel really sad for the poor thing.

[Kati]

Re: consumer rights and private seller

Thanks Kati, we are going to look into re-homing her and see if a more suitable family can be found for her. I feel really sad for the poor thing.

I do hope you manage to find her a good home ... poor girl's probably had a hard life :tinysmile_cry_t:

[enaid]

Re: consumer rights and private seller

Sadly that was what I thought and she will needs lots of attention and tlc for her to become the kind of pet you wanted for the kids.
Please have a read http://www.pomeraniansforlife.co.uk/ they may be able to help you rehome her in a suitable home with people who will know what she has been through. There will also be other rescue centres near to where you live too who may help you rehome her without going in the pound.
Also if it is a puppy mill then they will need a license https://www.gov.uk/dog-breeding-lice...scotland-wales
I would give the RSPCA a ring anyway and give them the nods up they may just make a call and check things are better than I am imagining.

[natant24]

Re: consumer rights and private seller

Thank you both for your advice. She has been here just over a week and still refuses to go near any of us, and just cowers away. I have just googled the 2 mobile numbers I have for this woman, and the numbers appear on numerous adverts for selling animals. RSPCA will be getting alerted!

[Kati]

Re: consumer rights and private seller

have a read through these links
http://www.petmd.com/dog/conditions/...phobia_anxiety
http://www.battersea.org.uk/apex/web...eonnervousdogs
http://fearfuldogs.com
and if you get a chance, try reading The Dog Listener by Jan Fennell (http://www.amazon.co.uk/s/?ie=UTF8&k...l_57u88kildj_b). There's lots of advice on how to deal with nervous dogs, and a lot of it is pretty easy to accomplish in a relatively short period of time

[natant24]

Re: consumer rights and private seller

Just thought I would type a quick update. Thanks to the magic of google and facebook, I have found the seller and her boyfriend and she did in fact give me a false name, I now have her real name, and her correct address. Looks like these people are professional con merchants, just hope I can stop them from ripping off any more people.

[Kati]

Re: consumer rights and private seller

Just thought I would type a quick update. Thanks to the magic of google and facebook, I have found the seller and her boyfriend and she did in fact give me a false name, I now have her real name, and her correct address. Looks like these people are professional con merchants, just hope I can stop them from ripping off any more people.

Good luck ... please let us know the outcome xx

[natant24]

Re: consumer rights and private seller

I will keep you updated and thanks again for all your help. I just need to print off a few things and hopefully get my letter before action in the post this afternoon. xx