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    • Samantha99
    • By Samantha99 13th Jun 17, 5:06 PM
    • 70Posts
    • 39Thanks
    Samantha99
    Puppy Pain
    • #1
    • 13th Jun 17, 5:06 PM
    Puppy Pain 13th Jun 17 at 5:06 PM
    I purchased a puppy from a breeder and paid for it in full. We had a verbal contract as well as text but no paper was signed.

    That breeder has now let me down and has refused me a puppy. They say they intend to refund me.

    Has the breeder broken their contract with me?
    You can imagine the expenditure as well as puppy price: collars, leads, bowls, bed, bedding, crate, toys etc as well as a fully paid for training course for seven weeks. Also this has caused a lot of distress. Can I take them to the small claims court?
Page 1
    • theonlywayisup
    • By theonlywayisup 13th Jun 17, 5:11 PM
    • 11,248 Posts
    • 7,529 Thanks
    theonlywayisup
    • #2
    • 13th Jun 17, 5:11 PM
    • #2
    • 13th Jun 17, 5:11 PM
    When you say 'refused' did they deem you unsuitable or give another reason?

    Can you get another puppy?

    When was the puppy due to be handed over? Did you seriously book a 7 week course and pay in full....
    • LilElvis
    • By LilElvis 13th Jun 17, 5:12 PM
    • 3,174 Posts
    • 8,787 Thanks
    LilElvis
    • #3
    • 13th Jun 17, 5:12 PM
    • #3
    • 13th Jun 17, 5:12 PM
    You are entitled to a refund for what you paid for the puppy. The other items you can use when you do get a puppy.
    • Samantha99
    • By Samantha99 13th Jun 17, 5:12 PM
    • 70 Posts
    • 39 Thanks
    Samantha99
    • #4
    • 13th Jun 17, 5:12 PM
    • #4
    • 13th Jun 17, 5:12 PM
    Another reason was given. Classes don't start for a couple of months but it's important to book early
    • naedanger
    • By naedanger 13th Jun 17, 5:18 PM
    • 2,191 Posts
    • 1,772 Thanks
    naedanger
    • #5
    • 13th Jun 17, 5:18 PM
    • #5
    • 13th Jun 17, 5:18 PM
    I purchased a puppy from a breeder and paid for it in full. We had a verbal contract as well as text but no paper was signed.

    That breeder has now let me down and has refused me a puppy. They say they intend to refund me.

    Has the breeder broken their contract with me?
    You can imagine the expenditure as well as puppy price: collars, leads, bowls, bed, bedding, crate, toys etc as well as a fully paid for training course for seven weeks. Also this has caused a lot of distress. Can I take them to the small claims court?
    Originally posted by Samantha99
    Did you purchase a specific puppy (e.g. one that you saw) or just a puppy of breed x?

    And what was their reason for now refusing to supply it?
    • Samantha99
    • By Samantha99 13th Jun 17, 5:19 PM
    • 70 Posts
    • 39 Thanks
    Samantha99
    • #6
    • 13th Jun 17, 5:19 PM
    • #6
    • 13th Jun 17, 5:19 PM
    They said they'd decided to keep it. But I wasn't offered an alternative.
    • naedanger
    • By naedanger 13th Jun 17, 5:21 PM
    • 2,191 Posts
    • 1,772 Thanks
    naedanger
    • #7
    • 13th Jun 17, 5:21 PM
    • #7
    • 13th Jun 17, 5:21 PM
    They said they'd decided to keep it. But I wasn't offered an alternative.
    Originally posted by Samantha99
    And was it a specific puppy e.g. one you had seen?
    • bris
    • By bris 13th Jun 17, 5:25 PM
    • 7,049 Posts
    • 6,050 Thanks
    bris
    • #8
    • 13th Jun 17, 5:25 PM
    • #8
    • 13th Jun 17, 5:25 PM
    A puppy like any other livestock is just goods in the end like anything else for sale.


    It looks to me like the contract was formed and finalised so to me they have breached the contract.


    The courts can uphold the contract and make them hand over the puppy if he still has it in the timescale it would take to get to court. Or you could buy another from a different breeder and sue for loss of bargain if there is a significant price difference after you have done your due diligence and mitigated the loss.


    The other item including the training course could be seen as a consequential loss but again you would need to mitigate this loss by getting a refund (if the option is available) or selling them for the best price you can get for them.


    But in theory there is a very good chance you would win, the fact he accepted the asking price and it is confirmed by text make any claim pretty good.
    • angryparcel
    • By angryparcel 13th Jun 17, 5:25 PM
    • 910 Posts
    • 520 Thanks
    angryparcel
    • #9
    • 13th Jun 17, 5:25 PM
    • #9
    • 13th Jun 17, 5:25 PM
    They said they'd decided to keep it. But I wasn't offered an alternative.
    Originally posted by Samantha99
    you are only entitled to the cost of the puppy refunded.

    why book course so early as you cannot take puppy out until it is about 11/12 weeks, so from time of getting puppy at 8 weeks then you should book course then.
    • Samantha99
    • By Samantha99 13th Jun 17, 5:44 PM
    • 70 Posts
    • 39 Thanks
    Samantha99
    Yes it was a specific puppy.

    The course doesn't start till September. I am a seasoned dog owner
    • angryparcel
    • By angryparcel 13th Jun 17, 5:50 PM
    • 910 Posts
    • 520 Thanks
    angryparcel
    Yes it was a specific puppy.

    The course doesn't start till September. I am a seasoned dog owner
    Originally posted by Samantha99
    I would still not book a course until i had the puppy
    • Samantha99
    • By Samantha99 13th Jun 17, 5:53 PM
    • 70 Posts
    • 39 Thanks
    Samantha99
    Places on courses book up really quickly with my trainer. Anyway I had no reason to consider not receiving what I'd paid for
    • Gleeful
    • By Gleeful 13th Jun 17, 6:00 PM
    • 1,900 Posts
    • 7,376 Thanks
    Gleeful
    Why not adopt one of the thousands of dogs and puppies waiting in kennels to be rehomed instead of lining the pockets of those breeding dogs for profit?
    • LilElvis
    • By LilElvis 13th Jun 17, 6:01 PM
    • 3,174 Posts
    • 8,787 Thanks
    LilElvis
    Accept the refund. Ask the trainer to defer your dates. Find another puppy. The only additional cost you can reasonably claim for would be the training classes if you can't get the dates moved or a refund as "distress" isn't recoverable under the small claims process.
    • naedanger
    • By naedanger 13th Jun 17, 6:33 PM
    • 2,191 Posts
    • 1,772 Thanks
    naedanger
    Yes it was a specific puppy.

    The course doesn't start till September. I am a seasoned dog owner
    Originally posted by Samantha99
    In theory I believe you could sue for the return of the puppy since it sounds like you had a valid contract.

    However I don't think it worth the risk. The other party might dispute some elements of what happened given the lack of paperwork.

    It would probably be better just accepting the refund and trying to get the training course deferred.
    • Samantha99
    • By Samantha99 13th Jun 17, 7:19 PM
    • 70 Posts
    • 39 Thanks
    Samantha99
    Ok well maybe I'll contact a solicitor re this. I wouldn't want their puppy anyway. I like a good relationship with breeders

    Thanks all
    • agrinnall
    • By agrinnall 13th Jun 17, 7:32 PM
    • 18,547 Posts
    • 14,274 Thanks
    agrinnall
    If the courses book up very quickly then surely they can resell your place on the one in September and refund your money.
    • AndyMc.....
    • By AndyMc..... 13th Jun 17, 7:58 PM
    • 730 Posts
    • 568 Thanks
    AndyMc.....
    Yes it was a specific puppy.

    The course doesn't start till September. I am a seasoned dog owner
    Originally posted by Samantha99
    So why do you need a course to train a dog?
    • Fosterdog
    • By Fosterdog 13th Jun 17, 8:04 PM
    • 3,365 Posts
    • 5,746 Thanks
    Fosterdog
    So why do you need a course to train a dog?
    Originally posted by AndyMc.....
    It's actually very good for puppies to go to puppy class for socialisation rather than formal training. Most puppy classes have a range of different dogs so they get used to big and small dogs and any good puppy class will help desensitise against common areas of poor socialisation.
    • neilmcl
    • By neilmcl 13th Jun 17, 8:05 PM
    • 10,237 Posts
    • 7,158 Thanks
    neilmcl
    So why do you need a course to train a dog?
    Originally posted by AndyMc.....
    I take it you don't have dogs. All dog owners, even "seasoned" ones, and clearly the dogs themselves, will find benefit in puppy training. If nothing else it will allow the puppy to socialise properly, which is very important.
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