Puppy refund back. Any rights?

forbel2

We have been looking for a puppy for some time.  Unable to foster/adopt due to covid, so decided to buy from a local woman.  We paid a £150 deposit and she sent a whatsapp to say was non refundable.  We took this to be protection for her to stop us pulling out.  No contract and no explanation or discussion around this.  However, have now been told the puppy is dead and as 'nonreturnable'  deposit wont get anything for the puppy we never had.  We had visited her, saw the parents and pup and all was fine.  Do we have anywhere to go with this? Consumer act treats puppy as goods, so you would think as never got goods would get refund back.  Looking for specific consumer advice please.  No receipts or contract but have a whatsapp thread supporting what happened.  She wont supply proof to show what happened to pup.  Feels off. Thanks.

Supersonos

Letter before action and then small claims court.  

The fact you handed over the money (and have that whatsapp message that proves it) means you entered into a contract, even though there wasn't anything written down.

You're correct in that it's non-refundable if you pull out.  Doesn't mean they can pull out and keep your cash! 

Flight3287462

Was all set to jump on this post.  But as above, she is another "greeder".  I would also be telling anyone who cares to listen what she has done if pedigree perhaps worth letting the kennel club know (nothing they can really do if an isolated incident).

JamoLew

shes probably "sold" that puppy multiple times and has quite a few £150 "non refundable" deposits

forbel2

Do I have definite rights, even if not officially a dog breeder and just a local selling her pups?

Were_Doomed

Do you have her address?

Yes - you have a contract, thus you can pursue her for breach of contract. Putting aside the fact that a non-refundable deposit is not necessarily non-refundable, the purpose of the deposit was to bind both parties to the contract and act as a deterrent to you (the purchaser) withdrawing from the contract. However it is the seller that is seeking to nullify/withdraw from the contract thus any terms regarding the deposit are waived and it must be returned.

Letter before action and then an MCOL claim if she doesn't return it. (That's why I asked about the address - you need to send the LBA somewhere and likewise serve court papers).

ToxicWomble

Just wondering if there was anyway to prove a criminal act had been committed ?
Do some asking around and see if you can find other people who also put down a deposit but did t get the puppy.
If she’s local - might not be too difficult

KatrinaWaves

When you get your money back, please
dont use it to support a back yard breeder again. 

You are probably lucky not to get this pup as it’s parents won’t be health tested and god knows what could go wrong. 

Supersonos

forbel2 said:

Do I have definite rights, even if not officially a dog breeder and just a local selling her pups?

You absolutely have rights.  You have the right to not be defrauded out of your money.

She can no longer supply you that puppy, so you deserve all your money back.  

I suspect the letter before action will make her pay-up.  Write to her giving her a fair time (I'd say five days, but you could go as much as 14 if you're feeling generous) to pay and explain you'll take her to court if she doesn't.  Then, if she doesn't, go to moneyclaimonline and start proceedings.  You don't need lawyers etc., it's just simple form-filling and a small fee (which she'll have to pay you when you win).

Supersonos

Were_Doomed said:

Do you have her address?

The OP says they visited, so it's fair to assume they have the address.

Were_Doomed

Supersonos said:

Were_Doomed said:

Do you have her address?

The OP says they visited, so it's fair to assume they have the address.

Thanks - I missed that bit in the OP (the perils of skim-reading). The point still stands though ... was that actually the seller's address? (Some of these dog greeders are getting quite sophisticated with their scams). A bit of investigative work (as mentioned above in the thread) may help to clarify this.

I won't suggest "sending the boys round" to get the deposit back.