[gizzysmommy]

things did not get better and because of my living situation, i contacted the breeder and she said that i should bring him back. i honestly think that he was too young and unable to adjust. also, i did not feel comfortable leaving him at home to go to school in the state he was in.

so, the story is that i had to drive 6 hours and bring him back to the breeder. she was wonderful about it and said that she would refund my money as well once she resold the puppy. personally, i don't think he should have been resold until he was at least 12 weeks old because he was so frantic. the wailing broke my heart

the problem.....she signed on the sales contract, where i added that she agreed to refund the full purchase price of the puppy upon resale. she said she would resell him in a week or so. i called after about a week to see what was going on and she stated that she had resold him to a lovely home where the someone could be home 24 hours a day to watch him and play with him. needless to say, i was happy the puppy had care that better suited his needs. she said she would send me the check. i waited another week and now she is not answering her phone or returning my calls and no check. i don't know if she is trying to scam me and make a profit of two times the amount of the puppy or what is going on. i don't know what to do.

i miss the little one but am glad he has a good home but at the same time i'm getting frustrated at the situation. do i have any recourse? what do i do if i can never get a hold of her?

please help!

 

[puppylucy]

i'm sorry you had to take the puppy back.

you might try contacting her a few more times and leaving messages. you should also contact an attorney.

good luck refunding your money.

i hate the way she calls it 'resale'

 

[k/c mom]

I was wondering what you ever decided to do. I'm glad it worked out though.

You need to send the breeder a "demand letter". Send it via Certified Mail, Return Receipt Requested. This means that the post office will require her to sign for it and will send you the card that she signed, so you'll know she got it.

In the letter, recap what happened... that you returned the pup and she told you she would refund your money once she sold him and that she has told you that she has indeed sold him. Yet, you have not received your money back. Let her know that you have tried to contact her via phone, etc.

Tell her you expect payment within 5 days of receipt of your letter and to send the check via a traceable manner (so she can't cop out on "the check's in the mail - wonder why you don't have it yet.") Also, tell her what you will do if you don't receive the check within that time, such as reporting her to the Better Business Bureau in her city as well as reporting her to the Attorney General's Office in her state.

Here is a thread that might have some helpful info for you. Good luck!
SM Thread on Puppy Refund

 

[Carol Ann]

I'm sorry you had to return the pup; that must have been so hard for you. I hope you get satisfaction with the refund - K&C's Mom's advise is excellent.

 

[lani]

I guess I missed ur whole thread...

How old was he?

 

[gizzysmommy]

Kallie/Catcher's Mom, you've been so helpful. thank you so much. since he was only 8 weeks old i really should have questioned the breeder more carefully. i also realize now that she is a BYB. i will purchase another puppy in the future but will be VERY careful about who purchase from. health and temperment is the most important thing, not adult weight or etc. what a disheartening experience. it was truly one of the hardest things i have ever done giving the puppy back.

i will take your advice and give her until the end of this weekend as she may be out of town (which is giving her the benefit of the doubt) since she has already had a week's time to get the check to me. it would be easier if she would just return my calls and end this.

thanks for all that have been so supportive and wonderful. i will definitely be back when we find the right breeder and puppy for our family.

 

[gizzysmommy]

wow, so she is just not answering the phone and has not sent the check so now i know that she took double her money for the poor little puppy and is essentially stealing from me. only thing is what do i do if she refuses to sign for the certified letter? do i just go straight to court?

 

[k/c mom]

Originally posted by gizzysmommy@May 9 2005, 11:19 PM
wow, so she is just not answering the phone and has not sent the check so now i know that she took double her money for the poor little puppy and is essentially stealing from me. only thing is what do i do if she refuses to sign for the certified letter? do i just go straight to court? 

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[/QUOTE]

When they have her sign for the letter they usually do not let her see who it is from so she will likely sign for it... most people are just too curious! Go ahead and proceed with your demand letter and let her know what you'll do if she does not pay and then if she doesn't sign, we'll figure out the next step.....

P.S. Have you tried calling from another phone or blocking your number? But then on the other hand, if she is not answering the phone she is not likely to easily agree to sending a check. The best thing is to have it all in writing, anyway, in case you proceed further with BBB or whatever.....

 

[Jimmi]

Originally posted by gizzysmommy@May 9 2005, 10:19 PM
wow, so she is just not answering the phone and has not sent the check so now i know that she took double her money for the poor little puppy and is essentially stealing from me. only thing is what do i do if she refuses to sign for the certified letter? do i just go straight to court? 

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[/QUOTE]

I hope she does the right thing and refunds you your money. It sounds like typical backyard breeder MO. When I sold my litter of Shitzu-Maltese, I gave a 30 day no questions asked money back guarantee (no resale) and an adopt back until perpetuity.

I'm sorry you have to go through such a hassle when all you wanted to do is the right thing. Hopefully, things will work out.

Deb

 

[charmypoo]

Try *67 and calling her again. I believe this blocks your phone number. Some cell phones also have an option to block your number before calling someone. You do have a signed contract so if it ever goes to court, you will get your money back. It is written!

Give her some more time. My guess is that she may only refund a partial amount and tell you that she sold the puppy for less because he was returned or older or something else.

 

[HappyB]

Originally posted by CharmyPoo@May 10 2005, 05:42 PM
Try *67 and calling her again.  I believe this blocks your phone number.  Some cell phones also have an option to block your number before calling someone.  You do have a signed contract so if it ever goes to court, you will get your money back.  It is written!

Give her some more time.  My guess is that she may only refund a partial amount and tell you that she sold the puppy for less because he was returned or older or something else.
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[/QUOTE]

I think it unlikely that she would answer a blocked call. I would have a friend call her. Or, PM someone on this list with her number, and ask them to make the call for you. They could just ask if she has pups available. That way, you would know if she is home and just avoiding you.

 

[gizzysmommy]

ha ha you guys are so awesome! actually my bf and i took turns calling her because she accidentally picked up one time and hung up on him!

so then he called like 10 more times (she has caller id and i tried to *67 and she does not accepted blocked calls) and she finally answered and gave some excuse. she did however call me this morning and said she would send half the money today and the other half next week?

seriously. i didn't want to push it too much because i was afraid she wouldn't even send the money at all. i hope i am doing the right thing waiting and giving her the benefit of the doubt. sheesh. you all were so helpful and kind throughout everything, thank you so much!
we're prob going to wait and research a bit better and buy from a reputable breeder next time. no BYB ever again. but it's just difficul finding one close to our area where we can actually go and see the living conditions etc.

but thanks again and keep your fingers crossed for me that both checks come and don't bounce!

 

[k/c mom]

Originally posted by gizzysmommy@May 10 2005, 09:17 PM
ha ha you guys are so awesome! actually my bf and i took turns calling her because she accidentally picked up one time and hung up on him! 

so then he called like 10 more times (she has caller id and i tried to *67 and she does not accepted blocked calls) and she finally answered and gave some excuse. she did however call me this morning and said she would send half the money today and the other half next week? 

seriously. i didn't want to push it too much because i was afraid she wouldn't even send the money at all. i hope i am doing the right thing waiting and giving her the benefit of the doubt. sheesh. you all were so helpful and kind throughout everything, thank you so much!
we're prob going to wait and research a bit better and buy from a reputable breeder next time. no BYB ever again. but it's just difficul finding one close to our area where we can actually go and see the living conditions etc.

but thanks again and keep your fingers crossed for me that both checks come and don't bounce! 

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[/QUOTE]

This all sounds great and I hope the money gets to you. If this were happening to me I would send a Certified letter tomorrow outlining the situation as it happened, what she promised at the time and what she promised today. The fact that she cannot send the full payment is very suspect.

I would tell her you expect payment on the two dates agreed upon today and if you do not receive payment what you will do. I've had so much experience with non-paying people when my former husband and I had a small business many years ago.... they will string you along and promise money just to get you off their backs. Then you wait a while thinking it will come and then when you call asking where the check is, they say it was mailed and to give it more time to get there, etc. Then finally they say they'll have to stop payment and send another one and the craziness starts all over again!

Please do not let your guard down... write her ... !!

 

[dhodina]

If it were me I would have her shoot me a quick email outlineing the plan... For the same reasons K/C's mom listed but I would want it from her in her words just incase you need to go to court.

 

[k/c mom]

Originally posted by dhodina@May 10 2005, 09:50 PM
If it were me I would have her shoot me a quick email outlineing the plan... For the same reasons K/C's mom listed but I would want it from her in her words just incase you need to go to court.
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[/QUOTE]

Yep that is certainly the ideal and preferred, but slow and no-payers usually won't do that...

 

[dhodina]

Originally posted by Kallie/Catcher's Mom+May 10 2005, 09:19 PM-->

<!--QuoteBegin-dhodina

@May 10 2005, 09:50 PM
If it were me I would have her shoot me a quick email outlineing the plan... For the same reasons K/C's mom listed but I would want it from her in her words just incase you need to go to court.
<div align="right">index.php?act=findpost&pid=61480

Yep that is certainly the ideal and preferred, but slow and no-payers usually won't do that...

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[/B][/QUOTE]


Again a very true point, that is why to me it would be a true indication of her intent.

 

[k/c mom]

Originally posted by dhodina+May 10 2005, 10:41 PM-->

Originally posted by Kallie/Catcher's [email protected] 10 2005, 09:19 PM
<!--QuoteBegin-dhodina

@May 10 2005, 09:50 PM
If it were me I would have her shoot me a quick email outlineing the plan... For the same reasons K/C's mom listed but I would want it from her in her words just incase you need to go to court.
<div align="right">index.php?act=findpost&pid=61480

Yep that is certainly the ideal and preferred, but slow and no-payers usually won't do that...

<div align="right">index.php?act=findpost&pid=61489

[/QUOTE]


Again a very true point, that is why to me it would be a true indication of her intent.
<div align="right">index.php?act=findpost&pid=61493
[/B][/QUOTE]

Ahhh, gotcha... if she won't send the email then chances are no money is coming!

 

[gizzysmommy]

wow, you're absolutely right. i will call her tomorrow and send her a certified letter outlining the information we spoke about. also, i will make a photocopy of the letter for my documentation. i really hope that she doesn't try to steal from me because i may be nice but not when it comes to stealing my money. *sigh*, what is WRONG with people these days?

 

[littlepeanut]

I'm so sorry you have to deal with this. I hope you get all your $$ back!!

 

[denise&chico]

Man !!!! What is wrong with this woman ,talk about dishonest. i really hope you see your money after all she did get double portion for that puppy. I would send the cerfied letter too.Best of luck to you ~Denise