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

[Brigitte Cowell]

How did you pay the deposit? Did you send the cheque in the mail or paypal or wire transfer?

 

[Patti]

Good point Brigitte - if the deposit was paid by PayPal you might be able to contest it, although I believe there is a cut off period where you no longer can do this.

 

[flyswatter]

How did you pay the deposit? Did you send the cheque in the mail or paypal or wire transfer?

Unfortunately it was bank transfer :-(

 

[flyswatter]

latest update is that the police won't touch it , as its a civil matter?! i have filed a claim against her in the SCC so will wait and see if she answers the claim or not.

 

[Sonnenblume]

latest update is that the police won't touch it , as its a civil matter?! i have filed a claim against her in the SCC so will wait and see if she answers the claim or not.

I thought that Section 2 would have covered it, as this can be used to prosecute back yard breeders. They are representing that they will have kittens and these may never materialise? I can't remember the last time they have advertised SV kittens? Maybe the SCC will be the best option? I mean the Police don't even respond to burglaries nowadays in this country, so it was maybe expecting too much?

Here is the Section I was on about:

2 Fraud by false representationE+W+N.I. This sectionnoteType=Explanatory Notes has no associated

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

[Brigitte Cowell]

I hope the claim you filed brings results, but how frustrating :-(

 

[Wyldthingz]

I think there is something about a trade law that if you don't receive the item, it wasn't a sale, you get a refund. I bought a pony that was a fiasco like this and just the threat of taking them to court made them give a refund. What I did is actually settle on 1/2 back but the price was much less, however it was a compromise as neighter of us wanted to deal with a court claim. I was more happy that they picked up the pony and gave me some $$$ back. Negotiation may work in this regard as you can threaten to hurt their reputation as a breeder as well- selling unborn kittens is a bad idea however I know it is done.

 

[flyswatter]

Since contacting the police i contacted trading standards who say that its usual for the police to take the stance thats its a civil matter but actually its a case of 'breach of contract' (even though there was no actual contract - there was proof of a verbal contract).
Tonight i emailed her telling her i would take her to court etc and she NOW claims that the kittens were STILLBORN on 14th March and sends me a photo of 3 dead kittens claiming that she didn't want to tell me to 'spare my feelings' - i mean can you BELIEVE this!! I am so pissed off but trying not to get too stressed by it all. Surely if they were stillborn (if thats true) then even more reason to refund me - or at least tell me the truth and give me the option of waiting on a new litter OR a refund.
On the happy side, my baby boy to be has been born and we visited him at Gayzette last week - just gorgeous

 

[Brigitte Cowell]

I don't think it changes the situation for there to be stillborn kittens, you still deserve the refund. She has not produced the kitten you put a deposit on.

Congratulations on your new kitten though!

 

[Jason E]

Since contacting the police i contacted trading standards who say that its usual for the police to take the stance thats its a civil matter but actually its a case of 'breach of contract' (even though there was no actual contract - there was proof of a verbal contract).

A breach of contract is a civil matter and there is nothing for the police to do. On an entirely different note, she should have given you a refund if you two agreed that the deposit was refundable. I've read through this thread but don't remember.