Gave dog back to breeder, refusing to give money back

cheepskate_2

mattuk80 wrote: »

what I'm requesting is helpful advice or legal facts regarding this situation If you have a solid background knowledge of contract law and the requirement of legal concepts such as consideration then fair enough but i doubt it.

Your attitude stinks!!!

If you want solid advice then go and pay a lawyer, but your not as you want free advice, which is what you have got. Just because it does not tally with what you want to hear don't come on all high and mighty.

If for example the breeder took 6 months to sell this dog at say £250. would your mother then compensate her for the weeks boardings and all other expenses that the selling price did not recoupe, not to mention the stains on the carpet from toilet training, the chewed chairs etc.

I think that you should be glad that your mothers health did not deteriate more if she had to keep this dog and eventually find a home for it herself, which could be 6 months down the line.

McKneff

'Come on now, we know youre upset yourself and your upset for your mum but 'bitter and twisted' was a bit over the top. I would suggest you read over the post that you posted with such vitriol about and think about it again. The edit button is quite handy to use in such circumstances.

BitterAndTwisted

mattuk80 wrote: »

I'm not after your opinion, what I'm requesting is helpful advice or legal facts regarding this situation which other posters have kindly provided. It's sad, Bitter and Twisted (literally) that you've got nothing better to do with your time than make unhelpful posts. If you have a solid background knowledge of contract law and the requirement of legal concepts such as consideration then fair enough but i doubt it.

I'm sorry if you found my post unhelpful but as the previous poster stated, I expect it's because you got an opinion that you don't agree with. Fair enough. If you want actual, proper legal advice, find a legal advisor and pay for it..

I think you're being rather unfair to the breeder considering it's only been a couple of days since the dog was returned and the poor breeder is supposed to be relaxing on holiday not finding an instant new home for your mother's puppy. I suspect you've been told "no refund" because you've been badgering them and they're fed up of you already. I know I would be.

mattuk80

cheepskate wrote: »

If you want solid advice then go and pay a lawyer, but your not as you want free advice, which is what you have got. Just because it does not tally with what you want to hear don't come on all high and mighty.

If for example the breeder took 6 months to sell this dog at say £250. would your mother then compensate her for the weeks boardings and all other expenses that the selling price did not recoupe, not to mention the stains on the carpet from toilet training, the chewed chairs etc

It's not advice, is it, saying "Your mother made a mistake and she's the one who should be doing the paying for it, in my opinion" its an unhelpful opinion. Regarding my attitude I belive it is fine and sound. I don't have a problem people making constructive and/or comments stating things which do "not tally with what you want to hear" about this situation. Of course I will go to a solicitor if I have to but I was hoping for some useful advice regarding this beforehand not stupid comments. Of course if its takes six months to sell the dog then fair enough and the breeder did say she can't give any money until she sells the dog, but suddenly the goal posts have been changed and they are now saying they don't have time to sell the dog and they won't give any money back, that doesn't seem reasonable to me?

lostinrates

As a matter of interest, did you mother reserve the pup a few weeks ago?

Among my friends in the dog world the consensus is that fewer people , in general, are buying puppies. I walk a breeder's dogs with mine each day and she has a waiting list, but its trickled in over a year: not enough demand at one time for a litter from a well recognised exhibiting/judge/breeder.

It might be that the breeder in question has passed any enquiries on to other breedrs and will suffer loss herself from this. Older pups can be harder to sell, understandably people who want puppies want to have them to bond with, older puppies of ''pet standard'' are less in demand IME. So, that she has to feed it, possibly pay for subseuent vaccs etc, and possibly pay for further advertising might add up to considerable extra cost ATM.

I'm glad your mother madethe right decision for her: rgardless of money, its a small loss compared to the well being of both her and the pup had she battled on not feeling convinced. Its a brave thing to admit one was wrong about, so your mother deserves a pat on the back for that IMO. Trying to be philosophical, the finncial loss weighed against the distress this could have caused is the lesser perhaps.

mattuk80

lostinrates wrote: »

As a matter of interest, did you mother reserve the pup a few weeks ago?

Among my friends in the dog world the consensus is that fewer people , in general, are buying puppies. I walk a breeder's dogs with mine each day and she has a waiting list, but its trickled in over a year: not enough demand at one time for a litter from a well recognised exhibiting/judge/breeder.

It might be that the breeder in question has passed any enquiries on to other breedrs and will suffer loss herself from this. Older pups can be harder to sell, understandably people who want puppies want to have them to bond with, older puppies of ''pet standard'' are less in demand IME. So, that she has to feed it, possibly pay for subseuent vaccs etc, and possibly pay for further advertising might add up to considerable extra cost ATM.

I'm glad your mother madethe right decision for her: rgardless of money, its a small loss compared to the well being of both her and the pup had she battled on not feeling convinced. Its a brave thing to admit one was wrong about, so your mother deserves a pat on the back for that IMO. Trying to be philosophical, the finncial loss weighed against the distress this could have caused is the lesser perhaps.

Thanks lostinrates, I belive my mum reserved one of six puppies shortly after they were born and picked it up after ten weeks. She was the last person to pick up their puppy, all puppies were apparently sold straight away. I fully agree with you that the financial loss is far outweighed by the emotional distress if she kept the puppy and I know now she believes she won't get any money back and wants to move on with her life. However I want to check if she does have a legal case as belive they are being unreasonable. Another reason which is partly why I'm trying to find out more is that when my mum went to pick up the dog she was told by the breeder that the puppy which they had personally kept for breeding had a umbilical hernia and they were now not sure if they could breed from her. My suspicion, which I admit could be completely unfounded, is that they will now want to keep my mothers puppy for breeding and sell the other puppy. Comments by them such as that they do not have time to sell the puppy being a reason for not giving her the money back could possibly suggest this. BitterAndTwisted - FYI "I suspect you've been told "no refund" because you've been badgering them and they're fed up of you already" is an incorrect assessment of the situation. As I mentioned earlier the matter of prime importance to us is ensuring my mothers health gets better and that the dog is kept in a safe enviroment, we have not once (other at the time she initially rang to rang to find out the possibilities of returning the puppy) contacted them regarding refunds. It was the breeders friend who rang today (already knowing my mother is not feeling well) and initiated the conversation where she said that my mum would be not getting any money.

V.Lucky

Does your mother have a home insurance policy with a legal advice line included?

If so, get her to ring it as it includes legal advice for "consumer and neighbourhood disputes" and they will give her advice as to where she stands legally. If she has a case and they think she will win, they will all persue the case for her and pay legal costs.

mattuk80

V.Lucky wrote: »

Does your mother have a home insurance policy with a legal advice line included?

If so, get her to ring it as it includes legal advice for "consumer and neighbourhood disputes" and they will give her advice as to where she stands legally. If she has a case and they think she will win, they will all persue the case for her and pay legal costs.

Thanks V.Lucky I will ask her about this.

mrbrightside842

I'd consult with trading standards, and would let the breeder know. They'd obviously have to be up to date with the tax man to want to let people come looking at their business.

lowis

mrbrightside842 wrote: »

I'd consult with trading standards, and would let the breeder know. They'd obviously have to be up to date with the tax man to want to let people come looking at their business.

excellent suggestion.