Advice needed for puppy purchase

elsastockwells

Hi all
I went to see a litter of pups 6 months ago. They were up for sale on Pets4Homes.
I fell in love with a particular pup so paid in full the amount of £2000. 

It stated on the Pets4Homes advert that the seller wanted a £500 non refundable deposit.
I paid by bank transfer whilst in the sellers home.
Unfortunately I fell ill and made the decision not to continue with the purchase/rehoming of the pup due to my ill health which is only going to get worse. After all, I want what is best for both the pup & myself.
 I notified the seller that I would no longer be able to take the pup and asked for a refund. Bear in mind, the pup wasn't ready to leave its mum for a couple more weeks at this time.
The seller said they would only return £1500, having kept the non refundable deposit (understood) but that they would not refund me until the pup had been sold to someone else.
Again, due to ill health I had been unable to contact them until last week.
I sent them a text which they ignored.
 I text them again today and they replied immediately saying they have contacted CAB and a solicitor and that they do not have to refund me anything.
 I would just like the £1500 back.
Can anyone help please?

Thank you 

marcia_

elsastockwells said:

Hi all
I went to see a litter of pups 6 months ago. They were up for sale on Pets4Homes.
I fell in love with a particular pup so paid in full the amount of £2000. 

It stated on the Pets4Homes advert that the seller wanted a £500 non refundable deposit.
I paid by bank transfer whilst in the sellers home.
Unfortunately I fell ill and made the decision not to continue with the purchase/rehoming of the pup due to my ill health which is only going to get worse. After all, I want what is best for both the pup & myself.
 I notified the seller that I would no longer be able to take the pup and asked for a refund. Bear in mind, the pup wasn't ready to leave its mum for a couple more weeks at this time.
The seller said they would only return £1500, having kept the non refundable deposit (understood) but that they would not refund me until the pup had been sold to someone else.
Again, due to ill health I had been unable to contact them until last week.
I sent them a text which they ignored.
 I text them again today and they replied immediately saying they have contacted CAB and a solicitor and that they do not have to refund me anything.
 I would just like the £1500 back.
Can anyone help please?

Thank you 

 Why did you pay in full and not just the deposit? 

 Can't see you having any rights. Doubt the CAB or a solicitor has told them otherwise, they're just a conman! 

 Maybe you can go through the small claims Court? 

Soot2006

Do you have it in writing that they will refund you the £1500?

Send a letter before action and then see them in small claims court if they don't respond.

elsastockwells

Hi Marcia.
 I paid in full because I am a fool. My heart ruled over my head 😢
I did read somewhere that animals are classed as chattel, just like goods so I should have some rights.
 I just want clarification tbh.
 I thought they are probably just trying it on too.
Thank you

elsastockwells

Hi Soot2006.
 I have a text message from them that says 'I can refund your money minus the deposit of £500 once I have resold (pup), as I could have sold him 10 times over but refused as he was yours.'

MalMonroe

Hi, sorry to hear of your illness.

Whilst I don't condone buying pets from breeders when there are so many unwanted dogs in shelters, it is possible that you may have some Consumer Rights.

Just because the sellers say they have contacted Citizens Advice and a solicitor (I suspect in an attempt to scare you) there is nothing to stop you from also contacting them - 

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

and I'd do that before contacting a solicitor simply because CA is a free service.

Did you sign a contract? Even if you did it may contravene the Consumer Rights Act 2015 (

Is that breeder registered with their council? There are certain rules and regulations they have to follow before they are allowed to sell via Pets4Homes. They may not have complied, which could be something they don't want you to know about.

There's a link here about the T&Cs that apply to pet sellers using the Pets4Homes site - https://www.pets4homes.co.uk/terms/

Pets4Homes may also be able to offer you help and advice but I'd definitely speak to Citizens Advice in the first instance.

It isn't clear whether or not the pup has now been sold - although I would imagine it has.

Next time you are thinking of making a major purchase, you might consider doing it via a credit card, since you would be eligible to claim your money back via Section 75.

Aylesbury_Duck

Letter before action and small claims court if they don't stump up.  It's up to them to prove they weren't able to sell the puppy to someone else, or had to do so at less than £2,000.

cx6

I totally understand the heart over head so don't blame yourself for that!

Legally, you agreed to purchase the pup and so there was a contract in place. You decided not to proceed with that contract, so the seller is allowed to recovered their reasonable costs from you. This might include costs of re-advertising, costs for feeding etc - all until the pup is resold. If the selling price is less than £2000 then they can claim for this too. 

However, they are not allow to arbitrarily keep whatever they want - only their costs are allowed.

pramsay13

Put in a money claim for the full amount.
Let them counter claim for any costs they have incurred but they will need to prove it.

Undervalued

elsastockwells said:

Hi Marcia.
 I paid in full because I am a fool. My heart ruled over my head 😢
I did read somewhere that animals are classed as chattel, just like goods so I should have some rights.
 I just want clarification tbh.
 I thought they are probably just trying it on too.
Thank you

That is correct. You have no more (or less) rights than you would with any other purchase.

Was this a private sale or is the seller doing this as a business?

I agree that you should take professional advice. Do you have any legal cover as part of you house insurance. Sometimes people have such cover without realising it.

Otherwise, as has been mentioned, you can contact the CAB. Although they can under some circumstances put you in touch with a solicitor, remember that many of their first level of advisors are volunteers with limited training and no legal qualifications. 

pinkshoes

How long ago was this? When was the puppy ready?

Call their bluff. As you have paid the full amount then tell them you will have the puppy and ask when is convenient to collect.

If they have resold it then remind them of the refund that is due...