Summary
Misrepresentation of a dogs breed can lead to financial, emotional, and practical challenges. Under the Fair Trading Act 1987, sections 42 and 43 address false or misleading representations. You can seek compensation for financial losses, emotional distress, and future care costs through NCAT. Document your claims with personal statements, medical records, and witness statements. Consider requesting compensation for vet bills, training, grooming, and emotional distress. For assistance, consult legal resources or a local attorney.Full Conversation
this is a summary and i am looking to lodge NCAT claim as advised by fair trading. Fair trading couldn't get the seller/breeder to respond to them regarding the claim and has told us that they cant help us. There are a few other owners who got the wrong dog too. Summary of Yoshi’s Breed Misrepresentation and Related Issues
I am seeking legal assistance regarding a case involving my assistance dog, Yoshi, whose breed was misrepresented by the breeder. This has resulted in significant challenges that I was unprepared for, causing financial, emotional, and practical strain.
Key Issues:
Misrepresentation of Breed: The breeder falsely advertised Yoshi as a smaller breed, suitable for apartment living. However, she has grown into a larger breed than expected, which has made apartment living challenging and unsuitable for her needs.
Unanticipated Allergies: Yoshi’s breed predisposes her to shedding and dander that exacerbate allergies in my living situation. This was not disclosed, and it has significantly impacted my health and daily comfort.
Financial Strain: I have incurred unexpected costs for Yoshi’s care, including increased veterinary bills, specialized training, and accommodations to manage her size and health needs. These expenses were avoidable had I been given accurate breed information.
Health Concerns: Yoshi has developed health issues typical of her larger breed, which I was not prepared for. Managing these health conditions has added to the financial and emotional burden of caring for her.
Emotional Impact: Being deceived about Yoshi’s breed has caused immense emotional distress. As someone with disabilities who relies on an assistance dog for daily support, I placed my trust in the breeder’s claims. The betrayal and resulting complications have been deeply upsetting, leaving me feeling cheated and overwhelmed.
Suitability as an Assistance Dog: While Yoshi has shown exceptional aptitude for assistance tasks, her size and health issues may limit her long-term suitability for this role. This has caused uncertainty and stress as I depend on her for critical disability support.
Impact on Apartment Living: My apartment’s limited space is not ideal for a larger breed, leading to practical difficulties and adjustments that I did not anticipate.
Desired Outcome:
I am seeking advice on pursuing legal action against the breeder for misrepresentation, including potential compensation for financial losses, emotional distress, and the unanticipated challenges caused by their false claims.
Hi ****,
I'm sorry to hear about your situation. Here are the steps to lodge a claim with NCAT for misrepresentation:
- **Complete the Application**: Fill out the NCAT Consumer and Commercial Division application form.
- **Gather Evidence**: Include all relevant documents, such as purchase agreements, vet bills, and communications with the breeder.
- **Lodge the Claim**: Submit the application and evidence to NCAT.
Would you need guidance on how to complete the NCAT application form?
i would like to know what else i can claim. how about emotional toll
Hi ****,
You may be able to claim compensation for the emotional distress caused by the misrepresentation. Here are some points to consider:
- **Misrepresentation**: Prove the breeder's false claims.
- **Financial Losses**: Document additional costs incurred.
- **Emotional Distress**: Show how the situation has impacted your mental well-being.
Would you like more details on how to document these claims?
How would i phrase it.
Hi ****,
To include a claim for emotional distress in your NCAT application, you can phrase it as follows:
"I am seeking compensation for the significant emotional distress caused by the misrepresentation of my assistance dog, Yoshi's, breed. The breeder's false claims have resulted in considerable emotional turmoil, impacting my mental well-being and daily life."
Would you like more details on how to document this claim?
yes
Hi ****,
To effectively document your claim for emotional distress, consider the following steps:
- **Personal Statement**: Write a detailed account of your emotional experiences and how the misrepresentation has affected your daily life.
- **Medical Records**: Include any psychological or medical reports that support your claim of emotional distress.
- **Witness Statements**: Gather statements from friends, family, or professionals who can attest to the emotional impact on you.
Would you like more guidance on gathering this documentation?
yes please
Hi ****,
To gather documentation for your emotional distress claim, follow these steps:
- **Personal Statement**: Write a comprehensive account of your emotional distress, highlighting specific incidents and their impact on your daily life.
- **Medical Records**: Obtain reports from medical professionals, such as psychologists or therapists, who can confirm the emotional impact.
- **Witness Statements**: Collect statements from people who have observed the emotional toll on you.
Would you like more details on how to write your personal statement?
yes please
Hi ****,
To write an effective personal statement for your emotional distress claim, follow these guidelines:
- **Introduction**: Briefly describe the situation and the misrepresentation by the breeder.
- **Emotional Impact**: Detail specific instances of emotional distress, including feelings of anxiety, sadness, or frustration.
- **Daily Life**: Explain how the situation has disrupted your routine and overall well-being.
- **Conclusion**: Summarize the ongoing emotional impact and the need for compensation.
Would you like specific examples to help structure your statement?
yes
Hi ****,
Here are examples to help structure your personal statement:
- **Introduction**: "I am writing to describe the emotional distress caused by the breeder's misrepresentation of my assistance dog, Yoshi's, breed."
- **Emotional Impact**: "The realization that Yoshi's breed was misrepresented has caused me significant anxiety and sadness, particularly when facing the challenges of her size and health issues."
- **Daily Life**: "My daily routine has been disrupted by the need to manage Yoshi's unanticipated health problems and the practical difficulties of keeping a larger dog in my small apartment."
- **Conclusion**: "The emotional toll of this situation continues to affect my well-being, and I seek compensation to address the distress caused by the breeder's false claims."
Would you like more details on any specific part of the statement?
yes
Hi ****,
Which specific part of the personal statement would you like more details on? For example, do you need more guidance on how to describe the emotional impact, how to detail the disruption to your daily life, or how to effectively conclude your statement?
all of it
Hi ****,
To provide more detail for each part of your personal statement, here are some expanded guidelines:
- **Introduction**: "I am writing to describe the emotional distress caused by the breeder's misrepresentation of my assistance dog, Yoshi's breed. The breeder falsely advertised Yoshi as a smaller breed, which has led to numerous unforeseen challenges."
- **Emotional Impact**: "The realization that Yoshi's breed was misrepresented has caused me significant anxiety and sadness. I often feel overwhelmed and frustrated when dealing with her unexpected size and health issues. This has led to sleepless nights and periods of intense stress."
- **Daily Life**: "My daily routine has been severely disrupted by the need to manage Yoshi's unanticipated health problems and the practical difficulties of keeping a larger dog in my small apartment. I have had to make numerous adjustments to my living arrangements and daily schedule, which has affected my work and personal life."
- **Conclusion**: "The emotional toll of this situation continues to affect my well-being, making it difficult to maintain my usual activities and responsibilities. Given the breeder's false claims, I seek compensation to address the distress and challenges that have resulted from this misrepresentation."
Would you like more details on any specific part of
yes. all of it. i have to walk Yoshi twice a day minimum as i have no yard space. provide a lot of mental stimulation as she is a large size working dog. also having to pay for help and dog walkers. managing large breed long hair with care such as baths is harder. she has sensitive skin which requires more shower then a normal dog. these care provided to her by me has made my pain worst and cause exhaustion. paying groomers cost more as she is a large breed instead of a medium size dog as advertise we should have got
Hi ****,
To further expand your personal statement, here is an updated version incorporating the additional details you provided:
- **Introduction**: "I am writing to describe the emotional distress caused by the breeder's misrepresentation of my assistance dog, Yoshi's breed. The breeder falsely advertised Yoshi as a smaller breed, which has led to numerous unforeseen challenges."
- **Emotional Impact**: "The realization that Yoshi's breed was misrepresented has caused me significant anxiety and sadness. I often feel overwhelmed and frustrated when dealing with her unexpected size and health issues. This has led to sleepless nights, periods of intense stress, and exacerbated my existing pain and exhaustion."
- **Daily Life**: "My daily routine has been severely disrupted by the need to manage Yoshi's unanticipated health problems and the practical difficulties of keeping a larger dog in my small apartment. I have had to walk Yoshi twice a day due to the lack of yard space, provide extensive mental stimulation, and deal with the complexities of grooming her long hair, which is more challenging due to her sensitive skin. This has required additional financial expenditures on dog walkers and groomers, significantly affecting my work and personal life."
- **Conclusion**: "The emotional toll of this situation continues
What sections of the Fair Trading Act * and the orders you want NCAT to make
Hi ****,
Here are the relevant sections of the Fair Trading Act * and the orders you might seek from NCAT:
Fair Trading Act *:
- **Section ***: False or misleading representations about goods or services.
- **Section ***: Misleading conduct in relation to goods or services.
Orders to Request from NCAT:
- **Compensation for Financial Losses**: Covering vet bills, training, and grooming costs.
- **Compensation for Emotional Distress**: Due to the misrepresentation and its impact on your well-being.
- **Refund or Replacement**: For the assistance dog, given the misrepresentation.
- **Future Care Costs**: Covering ongoing expenses due to Yoshi's health needs and size.
Would you like more details on how to phrase these requests in your application?
can i get all these emailed to me today ?
Hi ****,
Unfortunately, I cannot send emails directly. However, you can copy and paste the information provided into an email draft to keep it organized and easily accessible. If you need any further assistance or have more questions, feel free to ask!
Best regards,
FreeLawChat
can you help me to phrase all that?
Hi ****,
Here is a consolidated version of all the information to help you with your NCAT application:
---
Introduction:
"I am writing to describe the emotional distress caused by the breeder's misrepresentation of my assistance dog, Yoshi's breed. The breeder falsely advertised Yoshi as a smaller breed, which has led to numerous unforeseen challenges."
Emotional Impact:
"The realization that Yoshi's breed was misrepresented has caused me significant anxiety and sadness. I often feel overwhelmed and frustrated when dealing with her unexpected size and health issues. This has led to sleepless nights, periods of intense stress, and exacerbated my existing pain and exhaustion."
Daily Life:
"My daily routine has been severely disrupted by the need to manage Yoshi's unanticipated health problems and the practical difficulties of keeping a larger dog in my small apartment. I have had to walk Yoshi twice a day due to the lack of yard space, provide extensive mental stimulation, and deal with the complexities of grooming her long hair, which is more challenging due to her sensitive skin. This has required additional financial expenditures on dog walkers and groomers, significantly affecting my work and personal life."
Conclusion:
"The emotional toll of this situation continues to affect my well-being, making it difficult to maintain my usual
Future Care Costs** food cost is *% according to research online
Hi ****,
Here is a consolidated version of all the information to help you with your NCAT application:
---
**Introduction:**
"I am writing to describe the emotional distress caused by the breeder's misrepresentation of my assistance dog, Yoshi's breed. The breeder falsely advertised Yoshi as a smaller breed, which has led to numerous unforeseen challenges."
**Emotional Impact:**
"The realization that Yoshi's breed was misrepresented has caused me significant anxiety and sadness. I often feel overwhelmed and frustrated when dealing with her unexpected size and health issues. This has led to sleepless nights, periods of intense stress, and exacerbated my existing pain and exhaustion."
**Daily Life:**
"My daily routine has been severely disrupted by the need to manage Yoshi's unanticipated health problems and the practical difficulties of keeping a larger dog in my small apartment. I have had to walk Yoshi twice a day due to the lack of yard space, provide extensive mental stimulation, and deal with the complexities of grooming her long hair, which is more challenging due to her sensitive skin. This has required additional financial expenditures on dog walkers and groomers, significantly affecting my work and personal life."
**Future Care Costs:**
"Based on research, the food cost for a larger breed like
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