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Deposit given on an unborn litter, what are my rights......?

flyswatter

Savannah Super Cat
....if any. Hello, I paid a £2000 deposit on an F3 Male from Topcatsuk (Gillian Mitchell). I was told they would be born between last Friday in Feb and 10th march but still no sign of them, breeder says something about a 'phantom pregnancy'
I asked for a refund (as we had a major change in circumstance) but she says no way, she will not refund but I can use the deposit on a later litter. This is really worrying me now and I think I have been scammed as I have since talked to a couple of other proven breeders who have said I should not have placed a deposit on an unborn litter.

Do I have any legal rights, how can I get my money back?

Any advice greatly appreciated.

Thankyou
 

Lori Greer

Cahaba Cats
Do you have a contract? Taking deposits on unborn litters is not something I do because there are simply too many unknowns. A queen can reabsorb a litter, have them prematurely, have stillborns, not to mention birth defects, or other issues after kittens are actually born. It is a risky thing to take or put down deposits in advance of a litter being born, however it is not unheard of and I think fairly common with high dollar and rare dog breeds when the buyer wishes to have pick of the litter or secure a puppy from a particular litter.

I don't personally know of the breeder you are working with, but maybe you could rework the purchase agreement to include a deadline for a kitten or refund?
 

flyswatter

Savannah Super Cat
Hi , thanks for the reply. I don't have a contract, only a receipt which makes no mention of dates of birth etc.
 

Lori Greer

Cahaba Cats
Oh ugh... well, probably the first thing would be to talk to the breeder and see if they would be willing to work out a timeframe for a kitten for you or a refund so that you can find one from another breeder. Understand that it may take some months to get a replacement too and I can imagine the breeder is in a bit of a panic at the moment if they took deposits from multiple buyers. It really is not a good practice and what has happened in your situation is exactly why I would never recommend doing it but that can't be changed now. Working toward a mutually agreeable solution is what you'll both need to focus on at this point.

Not knowing the legal system there you may have some recourse to recover your deposit but hopefully you can work out something more amicable.
 

frances

Savannah Super Cat
Hi from the UK Flyswater !
I went to www.topcatsuk.co.uk last week.
I felt a bit suspicious about their website, I don't like the tone of it, so bossy and pretentious.
They seem to be charging much more than other reliable breeders in the UK as well.
Could any one from US tell us what they think, please?
I lost my baby girl F5 to FIP a month ago and it is too soon to get another one now but I am browsing ...
Has anyone notice some difference between male and female temperaments .Or should I open a new thread?
Thank you.
 

admin

Paige
Staff member
Frances, they seem legit and have cats from Purebliss, A1 Savannahs and another breeder in the UK. I know Jacky.

I hate the dreaded *kitten as savannah kittens are kittens, not CUBS...

Since I have no first hand knowledge of them, I cannot comment as far as pricing goes...there are several very reputable savannah breeders in the UK...Jacky and Tim from Purebliss, Tylands Savannahs, Hot Spot Exotics, Wendy and Russell from Bulgari and Laura from Jacaranda...also Sonnenblume Savannahs

I am familiar with all of the breeders I have mentioned, but have never owned a cat from them. I know Laura quite well and Jacky...I also know Jo from Sonneblume...

What generation are you looking for?
 

admin

Paige
Staff member
....if any. Hello, I paid a £2000 deposit on an F3 Male from Topcatsuk (Gillian Mitchell). I was told they would be born between last Friday in Feb and 10th march but still no sign of them, breeder says something about a 'phantom pregnancy'
I asked for a refund (as we had a major change in circumstance) but she says no way, she will not refund but I can use the deposit on a later litter. This is really worrying me now and I think I have been scammed as I have since talked to a couple of other proven breeders who have said I should not have placed a deposit on an unborn litter.

Do I have any legal rights, how can I get my money back?

Any advice greatly appreciated.

Thankyou

You need to find out your rights under UK law...ALWAYS get a signed contract and read before you sign, so you know your rights...there are breeders who take prebirth deposits, so doesn't sound like a scam...I would not and have not done it, but there are plenty of breeders who do.

Good luck and let us know how you make out. You may also want to contact some of the breeders in the UK, such as Jacky, who have sold this cattery their cats for breeding.
 

frances

Savannah Super Cat
I really like the cats from Jacaranda, and Laura was nice in her mails.

So maybe I would get F3 or F4 or F5...If I do.
Any differences in behaviors between male and female F3,F4?
If I would get 2 I suppose it is better to get siblings or not?
They have to travel every weekends in the car to go to the country... and once there , it is cat paradise!
So maybe for that reason F5 or F6 better what do you think?
 

flyswatter

Savannah Super Cat
You need to find out your rights under UK law...ALWAYS get a signed contract and read before you sign, so you know your rights...there are breeders who take prebirth deposits, so doesn't sound like a scam...I would not and have not done it, but there are plenty of breeders who do.

Good luck and let us know how you make out. You may also want to contact some of the breeders in the UK, such as Jacky, who have sold this cattery their cats for breeding.


Thanks, I have looked into the legal comeback. Unfortunately even if she is legit, I have never owned a Savannah and never knew anything about a contract. That was my fault I guess for not being clued up enough before committing to a deposit. BUT the reason I paid the deposit was for the litter she told me she was expecting between certain dates- this suited us for a variety of reasons but now it does not and we need to change our plans accordingly.

The thing is, there is no sign of the kittens and I feel if this was a reputable breeder that she would understand that this has not worked out and let us source a kitten elsewhere. This is a lot of money and after having spoken to the relevant authorities it seems I can take her to the small claims court, which I will.
 
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admin

Paige
Staff member
Jo from Sonnenblume Savannahs travels with her kittens and cats to shows all the time...she is someone I would definitely buy from...she will probably hop on here later. And Laura is someone I have known for quite a while now as well as Jacky!

Siblings would be good, but you don't have to get siblings...and most generations can be trained to ride in the car...as long as you are consistent and do it all the time...they will get used to it!
 
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