I recently lined my dog over a bitch produced by the original breeder of my stud dog. The bitch subsequently had two bitch puppies and the owner is now claiming I did not want a pup or stud fee at the time of mating. This is a lie. The breeder is the Registrar and chairman of our association. He is acting petulanctly as I defended his divorced wife's right to remain in the club as he wanted to exclude on personal grounds. What redress do I have in law to getting my bitch puppy or at the very least a stud fee?

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Do you have anything in writing at all? It could be a case of seeing a solicitor and getting them to send a letter to him ...I believe that you can get advice from a solicitor quite cheaply ..if you go to the Citizens Advice Bureau they may be able to advise

Melody

Don't sign the green form confirming the mating, until you get your stud fee!

Even reputable solicitors sometimes offer a free intial appointment to assess your case. Sounds like his wife had a lucky escape :) Lets hope he's not chairman for much longer, he should be setting an example not abusing his position. What do the other commitee members think?
Julie :)

if you have any evidence in the form of a witness or in writing you can take him to the small claims court. It does cost around £100 i think to do it but it is really easy and you don't actually need a solicitor there, might be an idea to seek legal advice first though to see how good a case you have. They go on the balance of probability there and who would let their dog be used at stud for free or without some kind of payment? sounds like you have a case.
amy

Hi Downwave, I'd hazard a guess from the way you post that you are on the other side of the pond. If that is so then I don't know the procedure over there but surely the stud dog owner has to sign the registration documents? Can you withhold until satisfaction is reached?

Regards, John

John It is a BT addy so I think he is in the UK.

Pam

Hi Downwave,

If you are in the UK then the correct procedure is to write a letter sending it recorded delivery outlining what you want?

BTW Did you agree something as you will need to document this as evidence for yourself.

Depending on the response you need to send a second letter again Recorded Delivery, Worth putting in you will take legal action. However don't appear threatening in anyway.

After this you can raise a small claims action as it is under £1500 ( Last time I was involoved in cival cases anyway)

The cost for doing this as at 12 months ago was £35 only if you represent yourself.

The forms are very tricking and must be filled out and procedures carried out propertly, regardless how educated you are the best people to help you do this is the Citizens advice but ask for someone with small claims experience. They will do all this free and will possibly attend court with you.

Before you do any of this you have to decide do you want the hassle? Does he have the money to pay if a decree is granted? Do you have anything to lose for example reputation etc? it is a pain in the neck I have done it with/on behalf of a couple of people in Scotland and it did get messy but if you are determined and can back your claim up reasonably then go for it..

One good thing about small claims is with or without evidence it is the balance or probability that decides the case not so much the evidence.

For example most people would expect to pay a fee when studding if the judge believes this to be the case even without evidence he will rule in your favour as it is most probable that you did expect or agree a fee.

Hope this makes sense,

Pam

Thank you to all those who replied. I signed the Certificate of Mating in good faith!! Having said that I truly believe he would go ahead and register the pups anyway as he is the Registrar. The other Committee members are either spineless or in his pocket as he is a bully, I would like to take the case just so that it can be highlighted by the appropriate media and give the oaf a much needed slap. However I shall be consulting the various bodies and give it some thought before proceeding further. Thanks again for the advice received.

the form you signed means the pups will be registered with the kennel club, -its nothing to do with the breed club, so whatever position he holds wouldnt of made a difference------sadly as far as i see it, theres nothing in writing tosay he owes you anything-also he has a form signed by you, not nice but i dont think theres much you can do,what breed are we talking here?

Hi
I agree with Dizzy,unfortunately once you have signed the K.C.Registeration form there is little you can do.You have learned the hard way `once bitten twice shy`as they say.There might be some consolation in it for you if any of the puppies do well in the show ring it will not do your dogs reputation any harm and you never know you may get requests
for him from other breeders,and I`m sure you won`t make the same mistake again will you?
Regards
Carole