Breeder Responsibilities? - Page 5 - YorkieTalk.com Forums

twinkletoes · 03-12-2006, 02:14 PM

Linda sent me this picture today of the replacement puppy. She wrote "Here's the pic of new pup she is 6 weeks old she will be ready to go in two weeks so when your ready to set up arrangements let me know. Linda". I would love to hear what everyone thinks. Also, I chickened out on the letter I want(ed) to send her. Should I still send it? Do you guys think it's fair that I pay her $500.00 shipping included for the new puppy? That's about a $200.00 profit for her, what do you think, taking all of the circumstances into consideration? Be honest and don't try to spare my feelings.
I also read on the yorkie.org website that you should never buy a puppy under 3mo. of age. What do you think???? I can feel myself getting overly excited and normally when I do that I make bad choices. So I need your advice! Thank guys, Amy

jesscruz · 03-12-2006, 02:47 PM

wow, i just ran across this post, i don't post as much here but i just wanted to say that i am very sorry for your loss, personally i would not get another puppy from this breeder, if she can do this to you once she can do it again. i would be asking for my money back. i think she needs to give you a FULL refund, now if she refuses, i would take her to a small claims court, i believe you will win this one, but of course i am not a lawyer, but it's common scense. she has some balls trying to even charge you again for shipping

horrible...

twinkletoes · 03-12-2006, 02:59 PM

Quote:

Originally Posted by jesscruz

wow, i just ran across this post, i don't post as much here but i just wanted to say that i am very sorry for your loss, personally i would not get another puppy from this breeder, if she can do this to you once she can do it again. i would be asking for my money back. i think she needs to give you a FULL refund, now if she refuses, i would take her to a small claims court, i believe you will win this one, but of course i am not a lawyer, but it's common scense. she has some balls trying to even charge you again for shipping

horrible...

I wonder how difficult it is to take someone to small claims that is so far away, I'm in Gillette, Wyoming and she is in TX???

What do you think? Also, we didn't have a written guarantee, just verbal.

JeanieK · 03-12-2006, 03:43 PM

Quote:

Originally Posted by twinkletoes

I wonder how difficult it is to take someone to small claims that is so far away, I'm in Gillette, Wyoming and she is in TX???

What do you think? Also, we didn't have a written guarantee, just verbal.

Have you protested the charge on your credit card. That is the route that I would take. Let the credit card company fight it for you. Don't be afraid to do that, what is the worst that could happen. Or you could contact Judge Judy. What kind of a guarantee did you have? I'm guessing the breeder will not fight it if you protest the charge. There are a lot of puppies out there. and 8 weeks is too young to ship a puppy. You'll just end up with another heartbreak. You need to stand up and fight for yourself. And we're all behind you.

Good luck.

jesscruz · 03-12-2006, 04:18 PM

Quote:

Originally Posted by twinkletoes

I wonder how difficult it is to take someone to small claims that is so far away, I'm in Gillette, Wyoming and she is in TX???

What do you think? Also, we didn't have a written guarantee, just verbal.

i don't know how hard it would be, but i would imagine it shouldn't be that difficult, start by letting her know that you want a FULL refund (if this is what you want) and letting her know the consequences of her not agreeing to give you a full refund, if she then proceeds to not cooperate with you, then file for small claims in your state, and i am sure that they will give you all the info you need regarding the fact that she is out of state. like stated above contact judge judy too, i know it sounds funny but it's seriously a good idea she will tear her apart

, you have a good case against this breeder,and the fact that you kept all reciepts, vet bills, emails, etc..will help you alot. i would take her to court in a heartbeat, not kidding. the amount of money that you paid her is ALOT! not to mention all the pain and suffering that you have encountered with zoe's passing.

JeanieK · 03-12-2006, 05:15 PM

You really need to let this woman know that you mean business. Start by contacting your CC company. If that does not work then contact Judge Judy. She loves this kind of case.

I'm guessing that you're young and have not had to deal with people like her before. Take some advice from those of us who have been around the block a time or two. You don't get anywhere until you learn to stand up for yourself.

twinkletoes · 03-12-2006, 05:57 PM

Quote:

Originally Posted by JeanieK

You really need to let this woman know that you mean business. Start by contacting your CC company. If that does not work then contact Judge Judy. She loves this kind of case.

I'm guessing that you're young and have not had to deal with people like her before. Take some advice from those of us who have been around the block a time or two. You don't get anywhere until you learn to stand up for yourself.

Okay, I did it and I'm freaking out about it!!!!!! I sent her the letter I posted on here and I added "I want a full refund" to it. Yes, I'm the hugest wimp! I told my husband that I sent the letter and that I was upset about it because I wanted another puppy so bad

. He responded that "good, you need to stand up for yourself to someone other than just me!" I'll keep everyone posted on what her reply is. I think I need a shot of something SRTONG....lol!

gutu28 · 03-12-2006, 06:28 PM

Haha..GOOD FOR YOU! Good luck and keep us posted

jesscruz · 03-12-2006, 07:11 PM

Quote:

Originally Posted by twinkletoes

Okay, I did it and I'm freaking out about it!!!!!! I sent her the letter I posted on here and I added "I want a full refund" to it. Yes, I'm the hugest wimp! I told my husband that I sent the letter and that I was upset about it because I wanted another puppy so bad

. He responded that "good, you need to stand up for yourself to someone other than just me!" I'll keep everyone posted on what her reply is. I think I need a shot of something SRTONG....lol!

good for you!!! i am so proud of you!

i know you want another puppy, and if you get a refund willingly by her or by force, i would look for a puppy within driving distance of you, i wouldn't buy another puppy out of state unless it's a breeder that is recommended, or that has maybe been delt with before, perhaps by someone here who can vouch for them. word of mouth is a very powerful thing, and i am sure that if you ask about a breeder before you purchase a puppy from previous buyers, you will get the truthful answers your looking for. please keep us posted on what happens

JeanieK · 03-12-2006, 07:17 PM

You Go Girl

babi1542 · 03-12-2006, 07:28 PM

I am so sorry to hear about your loss! You are in my thoughts and prayers. Awaiting what I hope is a prompt reply. Good Luck!

twinkletoes · 03-13-2006, 02:54 PM

I was going over the first letter I wrote and noticed that the dates are wrong. Everything happened in 2005, she died 2 months after I had her. I just wanted to clear that up. Thanks, Amy

luvdorkyyorkies · 03-13-2006, 05:17 PM

I would have asked her to send me a puppy free of charge.
If you had proof of the fault being hers I would definitely ask for a refund. unfortunately after having her two months with no proof of the cause of death I would think a judge would find it very difficult to find her guilty of selling you a sick dog. Its very possible she died of a bacterial or viral infection that could have been contacted after having her. I find the vet very deliquent in the treatment of the puppy also. Especially for not testing her to find a cause of death for you for proof.
I think the breeder definitely knew about her LP, she didnt tell you and that was wrong. But if there isnt a written contract with a clause in it guaranteeing against that condition, I really dont know if anything can be done about it.
I feel so bad for you and my heart goes out to you. Im no attorney, I could be entirely wrong but you would have to prove fault I would think for a judge to find in favor of a refund.. I think before pursuing the expense of taking her to court I would talk to an attorney for a free consultation.
Maybe you will get lucky and she will refund your money but most likely she wont.
I could understand you not wanting a puppy from her but I really believe that will be her best offer. I would of however asked for the puppy shipped free with no cost to you. It certainly would be worth a shot. THis would be the kind thing to do. I think she will fight the refund because of how long you had the baby before she died.
This is just another spin on the situation to think about. I may be the only person who sees this side of it. But proof is very important.
Wishing you all the luck in the world.

scrapindee · 03-13-2006, 09:21 PM

I would still notify the credit card company as this "breeder" is not very honest and she may tell you she will refund the money and then doesnt.

I think you have a good case for the Credit Card co to refund your charges and the breeder will have to repay the company not you.

Please don't wait.

twinkletoes · 03-13-2006, 09:31 PM

Quote:

Originally Posted by scrapindee

I would still notify the credit card company as this "breeder" is not very honest and she may tell you she will refund the money and then doesnt.

I think you have a good case for the Credit Card co to refund your charges and the breeder will have to repay the company not you.

Please don't wait.

I tried that today and I am 19 days to late...grrrrr. They give you 118 days to dispute a charge. Just my luck

03-12-2006, 02:47 PM	#62
jesscruz YT 1000 Club Member Join Date: Feb 2005 Location: seaside,ca Posts: 1,763	wow, i just ran across this post, i don't post as much here but i just wanted to say that i am very sorry for your loss, personally i would not get another puppy from this breeder, if she can do this to you once she can do it again. i would be asking for my money back. i think she needs to give you a FULL refund, now if she refuses, i would take her to a small claims court, i believe you will win this one, but of course i am not a lawyer, but it's common scense. she has some balls trying to even charge you again for shipping horrible... __________________ mommy's little baby coco bear

03-12-2006, 06:28 PM	#68
gutu28 Lovin' the Cali kisses! Donating Member Join Date: Feb 2006 Location: Lawrenceville, Georgia Posts: 2,990	Haha..GOOD FOR YOU! Good luck and keep us posted __________________ Larissa and Cali Let's go Georgia Bulldogs!

03-12-2006, 07:28 PM	#71
babi1542 Double Trouble Donating Member Join Date: Apr 2005 Location: FLORIDA Posts: 4,658	I am so sorry to hear about your loss! You are in my thoughts and prayers. Awaiting what I hope is a prompt reply. Good Luck! __________________ PEBBLES AND SASHA MY DOGS ARE NOT SPOILED...I'M JUST WELL TRAINED!

03-12-2006, 05:15 PM	#66
JeanieK Donating YT 12K Club Member Join Date: Jan 2006 Location: Council Bluffs Iowa Posts: 12,552	You really need to let this woman know that you mean business. Start by contacting your CC company. If that does not work then contact Judge Judy. She loves this kind of case. I'm guessing that you're young and have not had to deal with people like her before. Take some advice from those of us who have been around the block a time or two. You don't get anywhere until you learn to stand up for yourself.

03-12-2006, 07:17 PM	#70
JeanieK Donating YT 12K Club Member Join Date: Jan 2006 Location: Council Bluffs Iowa Posts: 12,552	You Go Girl

03-13-2006, 02:54 PM	#72
twinkletoes Donating Yorkie Yakker Join Date: Mar 2006 Location: Gillette, Wyoming Posts: 28	I was going over the first letter I wrote and noticed that the dates are wrong. Everything happened in 2005, she died 2 months after I had her. I just wanted to clear that up. Thanks, Amy

03-13-2006, 05:17 PM	#73
luvdorkyyorkies BANNED! Join Date: Feb 2005 Location: Illinois Posts: 1,681	I would have asked her to send me a puppy free of charge. If you had proof of the fault being hers I would definitely ask for a refund. unfortunately after having her two months with no proof of the cause of death I would think a judge would find it very difficult to find her guilty of selling you a sick dog. Its very possible she died of a bacterial or viral infection that could have been contacted after having her. I find the vet very deliquent in the treatment of the puppy also. Especially for not testing her to find a cause of death for you for proof. I think the breeder definitely knew about her LP, she didnt tell you and that was wrong. But if there isnt a written contract with a clause in it guaranteeing against that condition, I really dont know if anything can be done about it. I feel so bad for you and my heart goes out to you. Im no attorney, I could be entirely wrong but you would have to prove fault I would think for a judge to find in favor of a refund.. I think before pursuing the expense of taking her to court I would talk to an attorney for a free consultation. Maybe you will get lucky and she will refund your money but most likely she wont. I could understand you not wanting a puppy from her but I really believe that will be her best offer. I would of however asked for the puppy shipped free with no cost to you. It certainly would be worth a shot. THis would be the kind thing to do. I think she will fight the refund because of how long you had the baby before she died. This is just another spin on the situation to think about. I may be the only person who sees this side of it. But proof is very important. Wishing you all the luck in the world.

03-13-2006, 09:21 PM	#74
scrapindee Donating YT 2000 Club Member Join Date: Nov 2005 Location: Redlands Posts: 4,842 Blog Entries: 2	I would still notify the credit card company as this "breeder" is not very honest and she may tell you she will refund the money and then doesnt. I think you have a good case for the Credit Card co to refund your charges and the breeder will have to repay the company not you. Please don't wait.