Ragdoll cat 🐱

[mich0130]

Re: Ragdoll cat 🐱

Thank you.

I've had to rush princess back to the vets this morning and the future is not looking good for her. The vet seems to think there is an underlying problem.

I'm devastated good knows how my children are going to feel, which where with me at the time of purchase may I add.

[des8]

Re: Ragdoll cat 🐱

Sorry to hear your news.
Do keep us informed, and if you need assistance don't hesitate to ask.

Ask the vet if he would be prepared to write a report about Princess and her condition when this is all over.

[mich0130]

Re: Ragdoll cat 🐱

Hey everyone and a happy new year.
Sorry for the delay but I only feel ready to get on with this.......

Unfortunately even after mine and the vets best efforts and some high vet bills, just before Christmas, princess did not make it. It was devastating for all involved.
I kept the breeder informed all the way and also sent an email to make sure she was getting my messages but still no reply.

The costs have come to over £1000 with the costs of the kitten and vets bills plus meds.

My question is can I ask for emotional damage compensation and if so what would be fair?

Kind regards
Michelle

[des8]

Re: Ragdoll cat 🐱

Sorry to hear the news that must have ruined your Christmas.

What you refer to as "emotional damage compensation" would be classed as "distress and inconvenience"
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, damages will be awarded if the fruit of the contract is not provided or if the contrary result is procured instead.”Bingham LJ in Watts –v- Morrow 1991
However awards do tend to be limited. This article will give you some idea: https://www.lawgazette.co.uk/news/benchmarks-matching-the-damages-to-the-distress-the-law-that-usually-leaves-distress-and-inconvenience-to-go-uncompensated/21737.fullarticle

If you need help formulating a claim don't hesitate to come back

Trust the New Year will start better than last year ended.

[mich0130]

Re: Ragdoll cat 🐱

Thank you.

I am filling out the online forms today. Could you please help me write the particulars of the claim.

Many Thanks
Michelle

[Kati]

Re: Ragdoll cat 🐱

tagging [MENTION=39710]des8[/MENTION] xx

[enaid]

Re: Ragdoll cat 🐱

The POC are simply in your words exactly what happened and what you want from the claim, so maybe start a list of the dates and all what went on before this very sad occurance. Am sure Des will help you with any wording etc.

I can't understand why on the add it states Pets Current Age :12 weeks, 2 days old

Yet on
Full Advert Details

8 weeks ready to go, eating and drinking.
Did you not question this?

[mich0130]

Re: Ragdoll cat 🐱

Thank you.

As the add ages the age is automatically update, so when the add was first put up they may have been eight weeks.

[enaid]

Re: Ragdoll cat 🐱

Ah got it, so on the day you bought her the 2 dates would roughly match?

[mich0130]

Re: Ragdoll cat 🐱

No but I didn't question until I got home and realised that I forgot to ask her dob for insurances and vet records etc. With the date I was given (15th oct, picked her up 7th Dec)once home she was 7 wks 3 days

[Celestine]

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

[enaid]

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.

[des8]

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.

[mich0130]

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

[des8]

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