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  • FIRST POST
    • Pretty2811
    • By Pretty2811 12th Jul 18, 6:51 AM
    • 7Posts
    • 1Thanks
    Pretty2811
    Refund on puppy deposit
    • #1
    • 12th Jul 18, 6:51 AM
    Refund on puppy deposit 12th Jul 18 at 6:51 AM
    Hi all,
    Need some advice pls.

    I paid £200 deposit for a KC registered puppy. On the day I visited the house of the breeder I did ask if she had the Kc cert and she said yes.
    Came back Home and sent her a message immediately to see the KC papers as my other friend told me to check. Breeder then said she has no papers and have applied for it. Then I was suspicious as she advertised as the puppy being KC registered.
    The next day I called the kennel club to ask if the puppies were registered and they confirmed nothing was. No puppy registered on that date. I asked the breeder and she became very insecure stating that KC is not suppose to give personal details. After having to ask my friends, I then decided that there is something fishy. So I messaged the breeder requesting the deposit amount of £200 as her advertisement was false and she does not have the papers to show. The breeder is refusing to refund my money and says I have caused damages. Itís only been 2 days and I have told her immediately. I have tried calling and messaging that I will bring her to court but she just doesnít response. I am now painfully taking this to the small claims court. She has also rejected the claim and wants to go for mediation.
    What are my chances of getting back my money? Is there anything else I can do? Taking a lawyer will be far more expensive than whatever Iím going to get back. Pls advice but pls be nice thank you
Page 1
    • dj1471
    • By dj1471 12th Jul 18, 7:28 AM
    • 1,298 Posts
    • 901 Thanks
    dj1471
    • #2
    • 12th Jul 18, 7:28 AM
    • #2
    • 12th Jul 18, 7:28 AM
    Sounds clear cut to me - she's in breach of contract. You don't need a lawyer for small claims.

    Agreeing to try mediation is likely to be looked upon favourably by the court, though it's probably being used as a delaying tactic here.
    • kazwookie
    • By kazwookie 12th Jul 18, 7:42 AM
    • 9,978 Posts
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    kazwookie
    • #3
    • 12th Jul 18, 7:42 AM
    • #3
    • 12th Jul 18, 7:42 AM
    Where is the puppy, I hope it is safe first of all.

    When does the person expect you to collect the puppy if you don't already have it?

    Give her one more chance to show / give you the papers, did you see the mother / father dog when you visited and their papers?

    If not small claims court, you do have a recipt for the £200 don't you?
    Sun, Sea
    Slinky start date 29.01.18 28 to go / -14 so far and counting!!
    • Robin9
    • By Robin9 12th Jul 18, 7:45 AM
    • 3,065 Posts
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    Robin9
    • #4
    • 12th Jul 18, 7:45 AM
    • #4
    • 12th Jul 18, 7:45 AM
    Is this the same puppy you posted about on June 13th.
    Never pay on an estimated bill
    • comeandgo
    • By comeandgo 12th Jul 18, 7:51 AM
    • 2,175 Posts
    • 2,961 Thanks
    comeandgo
    • #5
    • 12th Jul 18, 7:51 AM
    • #5
    • 12th Jul 18, 7:51 AM
    Were you going to show or breed from this puppy? If not being registered with Kennel Club is pointless, just a status symbol.
    • Svein Forkbeard
    • By Svein Forkbeard 12th Jul 18, 8:08 AM
    • 478 Posts
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    Svein Forkbeard
    • #6
    • 12th Jul 18, 8:08 AM
    • #6
    • 12th Jul 18, 8:08 AM
    Were you going to show or breed from this puppy? If not being registered with Kennel Club is pointless, just a status symbol.
    Originally posted by comeandgo
    Whilst I might agree with your sentiment. It doesn't get away from the fact the seller lied and the puppy wasn't registered so was there is a breach of contract.
    Hi, weíve had to remove your signature. If youíre not sure why please read the forum rules or email the forum team if youíre still unsure - MSE ForumTeam
    • bertiewhite
    • By bertiewhite 12th Jul 18, 8:16 AM
    • 1,228 Posts
    • 1,370 Thanks
    bertiewhite
    • #7
    • 12th Jul 18, 8:16 AM
    • #7
    • 12th Jul 18, 8:16 AM
    I'm just waiting for all the "there are many dogs that need rescuing" posts.
    • soolin
    • By soolin 12th Jul 18, 8:30 AM
    • 60,835 Posts
    • 43,408 Thanks
    soolin
    • #8
    • 12th Jul 18, 8:30 AM
    • #8
    • 12th Jul 18, 8:30 AM
    This is the OPs other post, that thread was never updated despite regulars asking for more information and trying to help

    https://forums.moneysavingexpert.com/showthread.php?t=5855752
    I'm the Board Guide for the Ebay Board , Charities Board , Dosh & Disability , Up Your Income and the Local MoneySaving-England board which means I volunteer to help get your forum questions answered and keep the forum running smoothly. However, do remember, board guides don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com
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    • Pretty2811
    • By Pretty2811 12th Jul 18, 9:30 AM
    • 7 Posts
    • 1 Thanks
    Pretty2811
    • #9
    • 12th Jul 18, 9:30 AM
    • #9
    • 12th Jul 18, 9:30 AM
    The puppy is with the breeder and she has posted it in another advertisement bringing down the price from £1050 to £600 now.
    Despite my many attempts to contact her, she just doesn!!!8217;t want to talk. So I!!!8217;m now waiting for mediation. Yes I have the receipt.
    Yes this is the same post I put on 13th June on pets forum.
    Thank you all
    • donnac2558
    • By donnac2558 12th Jul 18, 9:31 AM
    • 2,539 Posts
    • 2,158 Thanks
    donnac2558
    So did the OP see the mother dog?


    Sure it is not a puppy farmer?


    The TV show Dog Rescuers, illegally import puppies who are sick had fake KC documents, lovely house to visit to see the puppy. Puppies get sick and die shortly afterwards.


    A friend who has Kerry Blue Terriers decided to breed a litter earlier in the year. !!!!! is registered, two puppies born and she did not register the litter(that is what you do) until they were 10 weeks old, then it is up to the buyer to individually register their puppy to them. The puppies registered by the breeder have fancy names but you must register yourself. The KC I doubt will tell someone on the phone if a litter is registered if they do not own the puppy. Oh, and it takes up to 4-6 weeks for the registration to come back from the KC. My friend had sold the puppies but was still waiting for the registration to come back, the KC have to check if the name you pick has not been used before so it's slow.
    • bertiewhite
    • By bertiewhite 12th Jul 18, 9:36 AM
    • 1,228 Posts
    • 1,370 Thanks
    bertiewhite
    A friend who has Kerry Blue Terriers decided to breed a litter earlier in the year. !!!!! is registered, two puppies born and she did not register the litter(that is what you do) until they were 10 weeks old, then it is up to the buyer to individually register their puppy to them. The puppies registered by the breeder have fancy names but you must register yourself.
    Originally posted by donnac2558
    So why didn't the seller tell the OP this? She says the seller advertised the puppies as KC registered. Why didn't the seller at least produce paperwork for the parents?

    I'm not disagreeing with you Donna - just saying that if the breeder was genuine then she would have explained it to the OP as you have, surely.
    • Pretty2811
    • By Pretty2811 12th Jul 18, 9:39 AM
    • 7 Posts
    • 1 Thanks
    Pretty2811
    Thank you.
    I should gone with my instinct. It was a house but she had two more !!!!!es pregnant and due soon. She also said one puppy died because the mum stepped on the puppy.

    The prob was that when I asked her she said she had it and then didn!!!8217;t want to show me the parents Certs and changed the subject. I just thought she was not genuine as she advertised as kc registered and not having the papers to show.
    Just didn!!!8217;t want to take the chance and I did tell her in 2 days. let!!!8217;s see where mediation takes me.
    • Pretty2811
    • By Pretty2811 12th Jul 18, 9:41 AM
    • 7 Posts
    • 1 Thanks
    Pretty2811
    Bertiewhite, thank you.
    That!!!8217;s my point as well. She should have been open to me. And if she was genuine she would have refunded the money.

    • Blackbeard of Perranporth
    • By Blackbeard of Perranporth 12th Jul 18, 12:39 PM
    • 5,367 Posts
    • 31,948 Thanks
    Blackbeard of Perranporth
    All my pet animals come from rescue charities. I never pay for a pet!
    Cardiac Arrest - Electrical - Patient unconscious! Heart Attack - Plumbing - Patient conscious!
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    • donnac2558
    • By donnac2558 12th Jul 18, 12:57 PM
    • 2,539 Posts
    • 2,158 Thanks
    donnac2558
    So why didn't the seller tell the OP this? She says the seller advertised the puppies as KC registered. Why didn't the seller at least produce paperwork for the parents?

    I'm not disagreeing with you Donna - just saying that if the breeder was genuine then she would have explained it to the OP as you have, surely.
    Originally posted by bertiewhite

    yes, that is why I asked was the OP sure it was not a puppy farmer?


    Now here is the question did the breeder/seller state the deposit was non refundable? If the buyer changes their mind is there a clause saying no refund?
    Last edited by donnac2558; 12-07-2018 at 1:00 PM.
    • kingfisherblue
    • By kingfisherblue 12th Jul 18, 3:35 PM
    • 7,926 Posts
    • 17,331 Thanks
    kingfisherblue
    All my pet animals come from rescue charities. I never pay for a pet!
    Originally posted by Blackbeard of Perranporth

    For the last thirty years, I have only had animals from rescue charities. However, I have always paid. The animals in rescue centres near me always charge. It is around £50 for a cat and £120-180 for a dog. However, the animals have already been neutered, so there is no additional cost for that.


    So despite always using rescue centres, I've always paid for my pets.
    • seashore22
    • By seashore22 12th Jul 18, 3:51 PM
    • 1,142 Posts
    • 2,578 Thanks
    seashore22
    I don't know of a rescue centre that doesn't charge something. We certainly paid for our last rescue dog from Battersea dogs home.

    I didn't want a cheap/free dog, I wanted one that others might reject and also didn't want to support the puppy trade. Perhaps I'm naive to think that it's about doing the right thing rather than saving money. Also the money goes to the rescue centre to care for more animals. A win win situation.

    We feel in love with the adorable cocker spaniel in the dogs home. It was his evil looking, maniac staffie cross kennel companion that we took home. Best decision we ever made. He turned out to be a lovely dog and we miss him so much.
    Last edited by seashore22; 12-07-2018 at 3:55 PM.
    • unholyangel
    • By unholyangel 12th Jul 18, 6:09 PM
    • 12,779 Posts
    • 10,097 Thanks
    unholyangel
    yes, that is why I asked was the OP sure it was not a puppy farmer?


    Now here is the question did the breeder/seller state the deposit was non refundable? If the buyer changes their mind is there a clause saying no refund?
    Originally posted by donnac2558
    Even if there was, it wouldn't be enforceable unless the "deposit" (this seems to be a prepayment rather than deposit) was a genuine pre-estimate of loss.

    When one party breaches a contract (including wrongful termination), they are liable for the other sides reasonable & foreseeable losses. Thats it. The other party aren't allowed to profit from the breach.
    Money doesn't solve poverty.....it creates it.
    • Pretty2811
    • By Pretty2811 23rd Jul 18, 3:41 PM
    • 7 Posts
    • 1 Thanks
    Pretty2811
    Thank you all
    Mediation has failed as the lady is not responding. I guess now it goes to the court.

    We have also sent a 5 days letter but she didn!!!8217;t respond.
    Do you think there is any other way? She has now sold all the puppies including the one that she wanted to sell to me
    • Aylesbury Duck
    • By Aylesbury Duck 23rd Jul 18, 4:27 PM
    • 2,315 Posts
    • 3,137 Thanks
    Aylesbury Duck
    Thank you all
    Mediation has failed as the lady is not responding. I guess now it goes to the court.

    We have also sent a 5 days letter but she didn!!!8217;t respond.
    Do you think there is any other way? She has now sold all the puppies including the one that she wanted to sell to me
    Originally posted by Pretty2811
    No. Follow through with the court action to get your money back.
    Please forgive the deliberate omission of apostrophes on some posts whilst I await MSE to do something about the daft codes that appear in their place when typing on certain devices.
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