03 September 2008 14:33
My sister and I had to have our beloved pony put down recently. We decided we wanted to have him cremated and have his ashes returned to us. Our vet said that she and the bereavement services would deal with everything.
A couple of weeks later we received an invoice for the collection and cremation of our pony, but there was no mention of his ashes being returned. My sister rang the bereavement services and was told that our pony’s ashes had been disposed of. This was deeply upsetting and we told the bereavement services that we weren’t prepared to pay the bill, as we hadn’t received the service we requested.
The bereavement services have now offered to reduce the bill, and so that this never happens again, have put in place a signed form confirming the client’s wishes. They are pushing for payment, but both my sister and I strongly believe that we shouldn’t pay the bill. Are we right?
Answer
By Your Horse
Equestrian Lawyer Belinda Walkinshaw advises:
It sounds as if there has been an unfortunate misunderstanding between you, the bereavement services and the vet. Although you didn’t receive the service you requested through your vet, the pony was collected and cremated. I think the bereavement services are entitled to receive some payment for carrying out this service, even though the ashes were not returned.
Since you have received an apology and an offer to reduce the bill, I think you should make a payment in return. If the bereavement services decide to pursue the matter through the courts, the judge will have to decide what instructions had been given at the time with regard to the ashes and whether those instructions had been followed. As you didn’t speak to the bereavement services, it will be difficult for you to prove what was said. Even if the judge accepts they were instructed to return the ashes, he will conclude that you should pay something for the service received and will only apply a small discount as compensation for their failure to follow the instruction.