Cannot Get our Deposit Back

[SBDH4U]

California; seller is in Washington state

Back in August 2004 after a few phone conversations we have placed a deposit on an unborn puppy through PayPal based on the advertisement placed on the breader's website. The contact and health guarantees were signed prior to that. The litter was born on October 8. I would call the breeder every week to check on the puppies. On November 9, I placed a regular phone call to the breeder and was told that my puppy had died the night before (no explanation was provided). At the time, they did not have other puppies available and we really needed a puppy in December so the breeder agreed to return the deposit. Ever since then we have been trying to get our money back without any success. We have a number of e-mails from the breeder apologizing for the delay and with a promise to send a check the following week, but it never happened. Here are some of the excuses that were provided to us: the breeder doesn't handle refunds herself and will have to check with the secretary (who only works part-time) on what happened; they are too busy with the charity work in church during holidays; claim that the check was sent to us, but would not confirm whether it cleared the bank or not after were told that we haven't received it; etc. We tried contacting PayPal, but they would only handle refunds within 30 days from the day of purchase. The American Express (that's what we have linked on PayPal) have 60 days limitation. We did not know what else to do but to fill out an Internet Fraud complaint with the FBI, but that did not go anywhere either. Now the breeder would not even respond to our e-mails. Any suggestions? We are talking about $250.00.

 

[racer72]

Where is the breeder located? You will have to travel there to sue in small claims court.

 

[Dandy Don]

How much money is involved here? Have you filed a complaint with the local chapter in the breeder's city of the Better Business Bureau (www.bbb.com)? You may have to go to small claims court on this.

 

[klhofbauer]

Just a couple of 'toss-out' thoughts:

1. Since you know where the person lives, look through AKC and see if you can find out if that 'breeder' is legitimate. Whether or not that will help, who's to say, but, it would black-mark that particular breeder. Additionally, there may be some type of AKC group in her area (ie: we had smooth-coat collies, and there was an Orlando group for us to become members of)

2. If you had health papers signed, is there a veternarian listed? If so, contact that veternarian, asking if the person is a legitimate breeder for your dog choice. May/may not help, but at least you can feel like you are doing something that will help you get some paperwork trails.

Good luck!

 

[SBDH4U]

Thanks for all your replies. The breeder is located in Washington state. It's not only that we would have to travel there to file a small court claim, and I understand, the chances of us to get reimbursed for travel expenses/lost wages in court are almost zero; but I was also explained that it is one thing to sue someone and win, and another to actually get paid.

We are talking about $250.00.

We have checked the Better Business Bureau website - the breeder is not listed.

They are a small hobby breader, as most of them are, and they aren't listed on the AKC website either.

There is no vet information on the Health Guarantee. Any other suggestions?

Thanks again.

 

[Shelby6718]

Start writing

All of the above replies offer good suggestions and I will ad to them.

You mentioned a contract. I am basing my thoughts on the assumption there was a refund clause in the contract to cover the possibility of there being "no puppy" to deliver. Things do happen, obviously.

First, stop emailing and telephoning. Since you indicated your payment was made through PayPal, contact them and get a copy of the transaction in "paper" form. Once that is in hand, contact the "breeder" by letter, set forth all the facts, enclose a copy of the PayPal transaction, all emails that have been sent back and forth concerning the circumstances and promise of refund and give them an date by which you expect a refund, by US Postal Money Order. (I would not want a personal check from these guys). Send this certified mail, return receipt requested. Keep photocopies of everything sent for yourself.

If you get no results, you may wish to consider contacting either the police or DA in THEIR area.(If you do this, I would suggest by mail, sending them copies of everything you have) It sounds like possible "fraud" to me but I am not a lawyer so this is strictly a personal opinion on my part. We have had similar internet incidents locally which crossed state lines and the local PD and DA's office where the scammer lived DID get involved and bring the matter to a end. In this case, it was a person selling on eBay, getting paid and never delivering the product. You may or may not chose to mention this prospect when you contact the "breeder". Who knows, you may just be dealing with a person who makes a living out of selling non-existant puppies on-line and figures for the amount involved ($250 deposits), no one will pursue it. Four of these a week is a nice $1,000.