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By Guest
Date 14.01.05 18:32 UTC
Hi ,
If we have any leagle people here i would like your advice , I sold a dog to a lady ( lady not realy the correct word)
This woman has had a litter of puppies out of the bitch, happily selling them and i have not reieved ONE PENNY from this woman,
One time i did get a cheque but this BOUNCED
I have phoned on countless occasions , text messages etc , I have been promised on many occasions that a transf of money has been done , I even had a woman pretending to be from her bank telling me on the phone the transf had been done,
Gave a deadline over and over again but I am not getting anywhere.
The dog is now in her name , she is making money from the pupps she has sold
Where do i stand
i dont understand did this women sign anything to say she coudnt have pups or that she had to give you money if she did,have pups ,sorry am a little lost my your post
By Brodan
Date 14.01.05 18:43 UTC
I dont mind her having the pupps , but we had an agreement that I would be paid in full for the Bitch mid December, She hasnt paid One Penny yet she is making a Proffitt from the breeding
is your agreement in writing
By Brodan
Date 14.01.05 18:45 UTC
yes i have her signature to say she will pay in full on or around 15th December
why is she saying she wont pay,did you sell her knowing she was going to breed,does it say on your agrement how much she will pay you
By Brodan
Date 14.01.05 18:49 UTC
Yes i knew she was going to breed and the agreement say exactly how much is to be paid , She doesnt say she wont pay , but the bounced cheque and then the money transferes which never turn up , The woman just says its bank error or just the money is tied up !!!!!!!!!!!!!!!
have you told her you are going to take legal action agaist her ,i would write to her make a copy and keep it saying if she hasnt payed within 14 days you are going to take legal action ,i dont know how you stand though hopefully someone can give you more advice goodluck

Contact a solicitor.
By Brodan
Date 14.01.05 18:53 UTC
I think i will have no choice

This is why I never give papers until I have been paid. I ask for Cash or Building Society check. In this situation I would have not handed over the registraion docs until she ahd been paid for, though of course it wouldn't have prevented the person breeding an unregister4ed litter.
By luvly
Date 14.01.05 19:56 UTC
ermm im not sure if this is possible but if it is .If i were you I would write this lady a letter asking to be paid in full by a certain date , send it recorded delivery . if you dont get paid i would take her to the small claims court .Im not sure if you can because its an animal , mabe its worth checking . but if she wasent happy with your bitch she would have complained and not bred from her , i doubt she would have a leg to stand on .
There's absolutely nothing wrong with the bitch, she's from good lines and is a good example of her breed :)
By Blue
Date 14.01.05 23:59 UTC

You can raise a small claims action for non payment. You will need the proof though but it sounds like you have it.
By Spook
Date 16.01.05 11:30 UTC
Whenever I've purchased a pup it has always been the norm that personal cheques would not be accepted, it would need to be a bankers draft or cash. Even though I know the breeders very well, I've always preferred to pay cash.
I'm guessing within our breed it's someone you trusted that has let you down. I'm assuming in most cases you have endorsements on your dog papers. Have you contacted the breed club for advice? If you write a letter it should be discussed at the AGM, thus the person will be named and shamed in the published minutes of the breed magazine. You could even write an article for the magazine (currently being put together) highlighting the problems you are facing and warning others not to fall into this trap (obviously naming no names for libel reasons). I would also have a word to the taxman, it wouldn't surprise me if the puppy sales had not been declared.
Definitely duplicate any further correspondence and as others have posted send recorded delivery, keep copies of your telephone statements showing how often you have tried to resolve this matter.
Has she ever given a reason why she might not be willing to pay up or is it just constant assurances?
Straight forward really. Do as other people have said - send her a "letter before action" giving her 7 or 14 days to pay and tell her that you will issue court proceedings if payment not received. Ideally it should be sent by recorded delivery but not essential. Then pursue your claim through your local county court. It will fall to be dealt with as a small claim since I assume it will be for less than £5,000. In your claim you will deal with the dishonoured cheque. Provided you have given notice to her of it's dishonour you will be suing on that cheque since she has no defence at all to that aspect of your claim. In respect of any balancing payment you will be claiming breach of contract. Give details of the contract and attach a copy of the written agreement to the claim form and state that she has made numerous promises to pay but payment has still not been forthcoming. This is essentially an acknowledgement that she recognises the debt is owing. You won't be able to claim legal costs, apart from you can instruct a Solicitor to prepare the claim form and claim a fixed amount of costs of approximately £50 plus the court fee. Remember to also claim interest at the rate of 8% per annum from mid December which is when I think payment was due to be made. Your court office will be able to provide you with all the forms. Please try to make sure that your effort is not in vain and you are not throwing good money after bad. Even if you get a court judgment against her, you will still need to enforce it.
I wish you success. If you need some advice, go to your local Citizens Advice Bureau. You have a straight forward claim from what you have said and I think you will have no difficulty.
By Brodan
Date 16.01.05 00:05 UTC
many thanks for your advice
By husky
Date 16.01.05 12:43 UTC
Do all puppy sales have to be declared to the tax man then? Does anyone do it? Before anyone says, we don't breed!
By carene
Date 16.01.05 14:08 UTC

Yes!!
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