I have a dilemma and wondered whether you knowledgeable people on here could help me out and offer some advice (I have lurked for quite sometime but never ever posted before so go easy on me please).

I have recently bred and sold a litter of puppies.  One of my puppy buyers paid by cheque and it bounced, it was represented and bounced again and returned to me by my bank saying 'refer to drawer'.  I have never had experience of a bouncing cheque before.  The puppy buyer did contact me at the time and advise that the cheque would possibly bounce as they had been notified by their bank of the situation.  At this point the puppy buyer said they would drop off a new cheque and arranged date and time etc. only they never turned up.  I subsequently contacted them and they said they'd posted a new one... I wait for the post and nothing, so then I tell them I'd like cash only and they arrange to drop this off, again they are a no-show.  I contact them again and they tell me that they have been called away at work and that they have sent a cheque recorded delivery.  Again nothing.  I send them a firm text saying that I can definately only accept cash now and that I want paying by x-date.  I receive a text in reply telling me they were on holiday until the date I gave as a deadline so would like to wait until they returned.  So, I texted them again on the day they came back telling them I still hadn't received either cheque (at this point they said they thought they might have sent it to the wrong address).  Anyway I replied and said I have to have cash as it's getting silly and they have had the puppy 6 weeks now.  They arranged to bring the cash this weekend, but are still a no-show.  I have been ringing and texting all day without any response, so  I called round to their house earlier and wasn't let in (big remote control gates) and was spoken to through the intercom, no apology etc. but I was told that they were going to bring the cash tonight at 8.30/9.00pm.

Now I know I sound very silly and niave, and although I am praying that they do turn up, I know it's highly unlikely that they will.  So what can I do next?  Has anyone experienced a similar situation?  Although I obviously want the money, I am now thinking that I'd like the puppy back!  Other pieces of information that might be useful: they haven't changed the KC registered ownership, the pup is still in my name. The pup is chipped, but in their name.

Happy to answer more questions if I haven't given enough info. 
Please help.

Am I reading this correctly that you let a pup go without taking full payment? If so why and did you do this, and did you do this for the rest of the litter?

Sounds like they are not going to pay you, I wonder if this is a case for the small claims court? Did you have a contract and did you do receipts for you and the owner explaining how much they payed and how much was due?

As they have not paid for the pup, they do not own the pup, go and pick up your pup? Pups come under the sale of goods act, go and repossess, don't tell them just turn up.

Make sure you have all e-mails, bounced cheque info etc if they want to take it to smalls claim court, they will not win.

If you can not get the pup back, then you need to go to small claims to get it back or the money.

You may call the police for back up when you arrive at the address, just have everything to prove the pup is not paid for for them to see.

I didn't let the pup go without taking payment, no.  The payment was by cheque, in full at the time of collection.  A method which I had previously thought as quite an acceptable way in which to purchase a pup.

Yes I have a contract and receipts for the amount they paid.

Your obviously not clued up on what a wicked world it is out there, full of untrustworthy people.

Nothing wrong in taking a cheque those of us who do always take in advance so that it has time to clear before collection, or only from someone we know very well. :-)

Out of interest what was to happen to this pup whilst they are on holiday?

Ok now I understand LOL, well no cheque's are not that great as you have found out, we only take cash however there was one couple who wanted to pay by cheque so they had to wait until it cleared before they took the puppy.  And I like above was also wondering what happened to the pup whilst they were on holiday.

Maybe i'm reading this differently, I got the impression that they've been making up all sorts of excuses as to why they can't get payment to the breeder. As for the holiday, appears that is another story? Probably was never mentioned to the breeder. let alone even happened?
If they fail to pay for goods, a puppy is seen as goods in the eyes of the law then they have stolen the puppy from you. So you can take this matter to the Police with all the correspondence you have, ie bounced chq's, signed copies of contracts etc. text messages, phone messages etc.. keep everything. I'd give it one last ditch attempt and send a text msg, email, letter(recorded delivery), call them and turn up there saying that if they fail to send payment then you will be taking this matter further -  ie Police as it is classed as non payment - ie theft and you either want payment or the puppy back.. I know you'd probably want the latter now, if that is the case then take it through the small claims court if that is the case - but seek legal advice on that though
http://www.doglaw.co.uk/ either way...

I think the advice by Suejaw sounds excellent.

Good luck and I hope that you get everything sorted. It must be a very worrying time for you..

It is true that the Police will intervene in the case of a bounced cheque - did it when I ran a business, they called at her house early in the morning and lifted her in her PJs and dressing gown.  We had the cash bought to us by her partner and we contacted the police who then released her.

Don't expect it will always work that well but they will act for you.

Sorry to hear of your situation.

I wouldn't consider someone handing me a cheque as payment in full I'm afraid. If someone wanted to pay this way, unless I knew them, they would have to let me bank the cheque and wait until it cleared before they could collect their pup. I think I would have no hesitation in reclaiming the puppy they collected from you with, it would now seem, no intention of paying for!

I hope you manage to sort this out without having to involve police etc, it doesn't sound like they're going to give you much choice.

Good luck.

Oh dear. :(

I am so sorry for your situation, I would only accept a cheque from people who I am close to I would not accept anything other than money from anyone else. But its one of those you learn from your mistake kind of situations. Anyway, go down to their house and tell them they have to give you the money "now" cash in hand or you will call the police and get the pup back by law.

It amazes me the lack of respect some people have, like  breeders dont go through enough heartache when letting the pups go they then have to chase payment :(

Think you should advise these people in writing, of your intention to apply to the small claims court for redress if you do not receive your puppy, or, payment for puppy within x number of days. If no response to this, then make sure you do it on the date you have specified. If found in your favour, (which am sure would be) they will also have to pay your costs in applying to the court. DO contact the police,but, I will be surprised if they will act. I think they will say it is a civil matter. Our police service is not what it used to be. In my opinion these people are common thieves,and should be dealt with accordingly. You learn in business that when it comes to money,you cannot trust or take anyone at face value.
I hope you get your puppy back in good shape and sooner rather than later. These people are probably in a lot of debt  already, no matter how they appear to the outside world, and I would be concerned that puppy will not be cared for as it should be. Bad enough when they thieve inanimate objects but a living creature is so much worse.
If you by any chance take WHICH magazine,you can have help from their legal team who will draft letters for you.
Good luck,hope your puppy is soon back with you. They don't deserve to own any living creature.

castlegirl, Have just posted to nova and it was meant for you. Apologies nova.
Freja

I would inform them , you are going to inform the police, and due to the amount of opportunities you have given them to pay up, and they have NOT,  I would also inform  them, that in the circumstances , you no longer consider them suitable to have one of  your pups......

Give them an ultimatum, you are coming round on X,Y,Z , to pick the pup up, OR you will ring the police and inform them of their fraud!!

As the 'goods' are the breeders and these people have stolen them, the police would escort the breeder to retieve her goods, just the same as when a person leaves a home and has trouble getting their belongings out (separation ect).

I find it odd that they didn't even let you in when you turned up, they sound like a right shower.  Are you sure they didn't cancel the check for them to reissue one.  If not it would have just been represented, you might also be looking at freud.  oh poor you.  i hope you get your pup back and quickly.  Never take a check on the same day as collection as also worried about this.

Good luck with what you do.

Im sure you will find it is a criminal offence and would be classed as gaining goods by deception and is a court matter.

Personally if they don't turn up tonight then I would be contacting the Police tonight. I think you have given them more than enough time to pay and I don't think that I would be giving them another chance or forewarning them of your next move. I just feel that if you forewarn them then they could pass the puppy on and say that they don't know who has got it, better to catch them 'on the hop'. Just my opinion. I might just add that I also take cheques as I believe that by the time that my puppies are ready to leave then I know the people well enough. Perhaps I should do a rethink on cheques.

Any news yet ?

I wouldn't be chasing them for money.

I would be collecting my puppy.

> I wouldn't be chasing them for money.
>
> I would be collecting my puppy.

i was thinking that too

I was thinking the same as AlisonGold, dont give them warning, you have given them enough chance already, any more and you have a very real risk of arriving to find theres no puppy there. Just ask the police to go with you and collect YOUR puppy now unless you have had any success since you last posted. I hope your next post brings good news. Update?

Just wondering if you managed to get puppy back?

Me too.

my comment isnt much help to the OP (sorry) but im just somewhat shocked by the number of people who cant trust their buyer to give them a cheque and yet they trust them to have one of their pups!?! Sorry....but if i didnt trust someone enough to let them give me a cheque hen i sure as hell wouldnt be letting them have a puppY!