refundable deposit - Page 4 - YorkieTalk.com Forums

diva pup · 10-03-2006, 04:42 AM

That is ridiculous, you did not change your mind, the puppy DIED. There is not a court in the world that would deny you your money. I am sure the simple threat of court will suffice to get your deposit back.

And do not accept another puppy instead, obviously this person is not a reputable breeder!!

lilfoot · 10-03-2006, 04:49 AM

Just in case she is eaves dropping on this site, make sure you print off a copy of the website so she cant change her wording about the deposit. Good Luck to you.

luvdorkyyorkies · 10-03-2006, 04:49 AM

I think I would hound per a bit about my deposit. Let her know its gonna cost her more in the long run for court fees, let alone the inconvenience of going to court. A judge will make a fool of her. There is no doubt you would win. She is banking on you just letting it go.
Maybe you should show her this thread?

bonmur · 10-03-2006, 09:34 AM

Dear XXXX.

This letter is in regards to the correspondence with XXXXXX. As you know a deposit was given and accepted by you on a yorkshire terrier puppy with the wording from your own contract that the deposit is "if for any reason you are not able to take the pup when one is available your deposit is nonrefundable" As you know , our buyer was able to take the pup, you were unable to provide a healthy puppy and after reviewing emails sent by you to XXXX you also agree that it was of no fault of buyer. Due to the terms of your contract ,agreement is null and void. Buyer is entitled to full refund of deposit given in a timely manner . Puppy was never in her posession and was not of any fault of hers that puppy was rendered ill and eventually passed on.
We are rest assured that her deposit will be in the mail within 10 days. If relief is not given within this time , charges will be filed and seller will be responsible for all court costs incurred in this matter. Any correspondence in this matter will be used to collect.

Thank You
XXXXX XXXXXX
Please send full deposit to
XXXXX XXXXX
XXX XXXXX
XXXX, XXXXX
XXXXX

sweetr72 · 10-03-2006, 09:44 AM

Wow this lady sounds like a big time scammer!! She showed you a different pup than the one on her website, then shows you only one puppy when you get there and then the puppy dies?? Somethings sounds waaaaaaaay wrong!! Sue this woman..FAST!!

Dawn

JCarlson2004 · 10-03-2006, 10:06 AM

Quote:

Originally Posted by lilfoot

Just in case she is eaves dropping on this site, make sure you print off a copy of the website so she cant change her wording about the deposit. Good Luck to you.

EXCELLENT suggestion!! Very important!!

karmaboomer · 10-03-2006, 10:25 AM

FYI --

I've got a pretty decent background in small claims court issues with animals....

If going to small claims court, you will DEFINITELY, hands down get your deposit back and all filing fees no problem, but judges hardly ever award pain and suffering damages, especially where you never actually had the puppy to grow attached, etc.

Sometimes, if you file for those types of subjective damages, the judge will think you are looking to profit from the situation and they will look poorly upon your case, so be careful in that area.

GOOD LUCK, and please let us know what happens.
People like this need to realize that what they are doing is very very wrong.

Hopefully a strongly worded letter will prevent you from having to take these measures, but that's why they are in place after all, so don't be afraid to go there.

anniesmom68 · 10-03-2006, 11:57 AM

Regarding the small claims court on my deposit..I agree not to go for pain and suffering.Thats just taking advanage..I just want my deposit back..
Thanks for everyones support and idea to pursue this further

Rae Rae · 10-09-2006, 01:09 PM

If this lady can't afford the vet bills on her own, w/o your deposit than why is she breeding? What if no one bought her pups and she made no money or re-imbursements from the pups? Then how would she take care of them

10-03-2006, 11:57 AM	#53
anniesmom68 Senior Yorkie Talker Join Date: Oct 2006 Location: Hammond Indiana Posts: 88	Regarding non refundable deposit Regarding the small claims court on my deposit..I agree not to go for pain and suffering.Thats just taking advanage..I just want my deposit back.. Thanks for everyones support and idea to pursue this further

10-09-2006, 01:09 PM	#54
Rae Rae YT 3000 Club Member Join Date: May 2006 Location: Illinois Posts: 4,823	If this lady can't afford the vet bills on her own, w/o your deposit than why is she breeding? What if no one bought her pups and she made no money or re-imbursements from the pups? Then how would she take care of them __________________ Owned by Rocky and Bella

10-03-2006, 04:42 AM	#46
diva pup BANNED! Join Date: Mar 2005 Posts: 1,139	That is ridiculous, you did not change your mind, the puppy DIED. There is not a court in the world that would deny you your money. I am sure the simple threat of court will suffice to get your deposit back. And do not accept another puppy instead, obviously this person is not a reputable breeder!!

10-03-2006, 04:49 AM	#47
lilfoot YT 500 Club Member Join Date: Sep 2005 Location: wisconsin Posts: 769	Just in case she is eaves dropping on this site, make sure you print off a copy of the website so she cant change her wording about the deposit. Good Luck to you.

10-03-2006, 04:49 AM	#48
luvdorkyyorkies BANNED! Join Date: Feb 2005 Location: Illinois Posts: 1,681	I think I would hound per a bit about my deposit. Let her know its gonna cost her more in the long run for court fees, let alone the inconvenience of going to court. A judge will make a fool of her. There is no doubt you would win. She is banking on you just letting it go. Maybe you should show her this thread?

10-03-2006, 09:34 AM	#49
bonmur YT Addict Join Date: Sep 2005 Location: UT Posts: 306	Dear XXXX. This letter is in regards to the correspondence with XXXXXX. As you know a deposit was given and accepted by you on a yorkshire terrier puppy with the wording from your own contract that the deposit is "if for any reason you are not able to take the pup when one is available your deposit is nonrefundable" As you know , our buyer was able to take the pup, you were unable to provide a healthy puppy and after reviewing emails sent by you to XXXX you also agree that it was of no fault of buyer. Due to the terms of your contract ,agreement is null and void. Buyer is entitled to full refund of deposit given in a timely manner . Puppy was never in her posession and was not of any fault of hers that puppy was rendered ill and eventually passed on. We are rest assured that her deposit will be in the mail within 10 days. If relief is not given within this time , charges will be filed and seller will be responsible for all court costs incurred in this matter. Any correspondence in this matter will be used to collect. Thank You XXXXX XXXXXX Please send full deposit to XXXXX XXXXX XXX XXXXX XXXX, XXXXX XXXXX

10-03-2006, 09:44 AM	#50
sweetr72 No Longer a Member Join Date: Aug 2006 Location: Ontario, Canada Posts: 6,111	Wow this lady sounds like a big time scammer!! She showed you a different pup than the one on her website, then shows you only one puppy when you get there and then the puppy dies?? Somethings sounds waaaaaaaay wrong!! Sue this woman..FAST!! Dawn

10-03-2006, 10:25 AM	#52
karmaboomer Senior Yorkie Talker Join Date: Sep 2004 Location: Boston, MA Posts: 118	FYI -- I've got a pretty decent background in small claims court issues with animals.... If going to small claims court, you will DEFINITELY, hands down get your deposit back and all filing fees no problem, but judges hardly ever award pain and suffering damages, especially where you never actually had the puppy to grow attached, etc. Sometimes, if you file for those types of subjective damages, the judge will think you are looking to profit from the situation and they will look poorly upon your case, so be careful in that area. GOOD LUCK, and please let us know what happens. People like this need to realize that what they are doing is very very wrong. Hopefully a strongly worded letter will prevent you from having to take these measures, but that's why they are in place after all, so don't be afraid to go there.