Puppy deposit

Poppy1991

Hello there

I went to choose a puppy and put a deposit down on her when she was 3 weeks of age (£100) on the understanding that I would pay the other £550 upon collection of her at 8 weeks old, and she was ready to go from Fri 6th Aug (a few days ago). My deposit secured my pup. They even took my address and details so that they could put it on the microchip paperwork when the pups were chipped.

On Friday 6th I was contacted by the breeder/seller and told that if I could bank transfer the money over to him his daughter could bring the puppy to me at the weekend (I live about 4 hours away, and his daughter lives closer to me, and I appreciated the offer so I didn't have to do the long journey home with a pup). I agreed to make the bank transfer. I did so on Friday, and then explained that it could take a couple of days to clear (according to the bank) but emailed him a screen shot of my bank statement showing the transaction, and heard nothing more.

On Sunday, arrangements were made between his daughter and myself to meet at hers with the pup so that I could take her home, no problems. A couple of hours later I was contacted by her again, saying that the money had not cleared in her father's account and that he was very angry and I was no longer allowed the pup. I was shocked, and explained that what with it being Sunday it was unlikely the funds would have cleared but I was more than willing to wait until Monday (today) and then drive to collect the pup. I would have offered to take cash but payday is a few days away and the £550 I bank transferred had already left my account! Anyway I was told no, I can no longer have the pup.

I asked for my deposit back, as I as the buyer did not cancel the sale and had every intention of picking up the pup, I transferred the money as requested, etc, and it was the seller who cancelled the sale of the pup and that I had paid my £100 deposit in good faith that it would secure my pup.

The money must have cleared with him today, as he transferred it bank to my bank account and it must have been an instant transfer, however he only returned the £550, and is refusing to return my deposit. I do not see why, as the fact that the £550 did eventually clear in his bank shows that I had every intention of collecting the puppy. I have waited 5 weeks for her! I am grateful that he returned the money - he must have known where to return it to from the bank statement that I screenshotted on Friday, as this showed my account details.

However the deposit is being refused to be returned, and I was wondering if I have a leg to stand on with regards to getting it back?

unholyangel

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(f) authorising the seller or supplier to dissolve the contract on a
discretionary basis where the same facility is not granted to
the consumer …

Tbh I can understand them not handing pup over when funds hadn't cleared. But to refuse to hand over the pup at all is unreasonable imo. Not everyone is familiar with bank transfers and all the different transfer methods available. Especially if you were offering to go to them rather than have them inconvenienced further.

From a more practical viewpoint, if you only agreed (at the time you actually entered into the contract) that you would pay the outstanding balance upon collection, he cannot penalise you or cancel the contract because payment doesn't become due until collection! If collection doesn't happen then payment isn't due.

Did he actually give you any T&C's at the time you paid the deposit? Do those say anything about delivery/collection & payment?

hollydays

Poppy1991 wrote: »

Hello there

I went to choose a puppy and put a deposit down on her when she was 3 weeks of age (£100) on the understanding that I would pay the other £550 upon collection of her at 8 weeks old, and she was ready to go from Fri 6th Aug (a few days ago). My deposit secured my pup. They even took my address and details so that they could put it on the microchip paperwork when the pups were chipped.

On Friday 6th I was contacted by the breeder/seller and told that if I could bank transfer the money over to him his daughter could bring the puppy to me at the weekend (I live about 4 hours away, and his daughter lives closer to me, and I appreciated the offer so I didn't have to do the long journey home with a pup). I agreed to make the bank transfer. I did so on Friday, and then explained that it could take a couple of days to clear (according to the bank) but emailed him a screen shot of my bank statement showing the transaction, and heard nothing more.

On Sunday, arrangements were made between his daughter and myself to meet at hers with the pup so that I could take her home, no problems. A couple of hours later I was contacted by her again, saying that the money had not cleared in her father's account and that he was very angry and I was no longer allowed the pup. I was shocked, and explained that what with it being Sunday it was unlikely the funds would have cleared but I was more than willing to wait until Monday (today) and then drive to collect the pup. I would have offered to take cash but payday is a few days away and the £550 I bank transferred had already left my account! Anyway I was told no, I can no longer have the pup.

I asked for my deposit back, as I as the buyer did not cancel the sale and had every intention of picking up the pup, I transferred the money as requested, etc, and it was the seller who cancelled the sale of the pup and that I had paid my £100 deposit in good faith that it would secure my pup.

The money must have cleared with him today, as he transferred it bank to my bank account and it must have been an instant transfer, however he only returned the £550, and is refusing to return my deposit. I do not see why, as the fact that the £550 did eventually clear in his bank shows that I had every intention of collecting the puppy. I have waited 5 weeks for her! I am grateful that he returned the money - he must have known where to return it to from the bank statement that I screenshotted on Friday, as this showed my account details.

However the deposit is being refused to be returned, and I was wondering if I have a leg to stand on with regards to getting it back?

Hope you did all the background checks-buying a puppy is fraught with difficulties and the domain of charlatans.

Poppy1991

I too can completely understand him not handing he pup over until the funds had cleared, I would not have expected that in the slightest, hence me offering to drive the 4 hours today to collect her (when the funds cleared, being the next working day.)

He actually was not there when I went to initially view the pups, his daughter was. I spent a good couple of hours there, and the deposit was paid in cash. There were no T&C's, just the understand that the rest was to be paid on collection, and that "cash was fine." It wasn't until Friday just gone that he said he wanted bank transfer so his daughter could bring the pup to me, which I agreed.

£100 may seem a silly amount to be getting het up over but I work hard for my money and am very disappointed that after a 5 week wait for the pup I was just told that I can no longer have her.

Poppy1991

hollydays wrote: »

Hope you did all the background checks-buying a puppy is fraught with difficulties and the domain of charlatans.

They are actually really well known gundog breeders with excellent working bloodlines, and I know a lot of their pups and lots of friends have had pups from them over the years, hence being willing to travel 4 hours each way, and also why I am so surprised at this situation really.

hollydays

Isnt that cheap for a pedigree gundog??

Poppy1991

A little cheaper than some, yes..

[Deleted User]

Anyone else think this thread would be about a dog soiling a sofa etc?

unholyangel

Poppy1991 wrote: »

I too can completely understand him not handing he pup over until the funds had cleared, I would not have expected that in the slightest, hence me offering to drive the 4 hours today to collect her (when the funds cleared, being the next working day.)

He actually was not there when I went to initially view the pups, his daughter was. I spent a good couple of hours there, and the deposit was paid in cash. There were no T&C's, just the understand that the rest was to be paid on collection, and that "cash was fine." It wasn't until Friday just gone that he said he wanted bank transfer so his daughter could bring the pup to me, which I agreed.

£100 may seem a silly amount to be getting het up over but I work hard for my money and am very disappointed that after a 5 week wait for the pup I was just told that I can no longer have her.

I'd perhaps then send him a formal letter before action and make a point of mentioning payment wasn't supposed to be until collection but that you had been more than reasonable - even opening yourself to substantial risk - when he had sought to make unilateral changes that was only of benefit for him to your detriment. That he had a chance to mitigate his losses by accepting your offer for you to collect the pup the next day when payment did clear but that he has failed to do so. So cannot claim your £100 as losses of any breach on your part.

Poppy1991

Thankyou unholyangel. Out of interest, what would be the 'action' that I could take after sending the letter?

[Deleted User]

Poppy1991 wrote: »

what would be the 'action' that I could take after sending the letter?

The letter you send would be threatening Court Action...

LBA= Letter Before (court) Action.