Deposit from breeder

[Biscuitsgalore18]

Hello,

I paid a deposit of £400 for a particular puppy with a registered breeder. Unfortunately due to personal circumstances I am unable to proceed, I have let the breeder know (2 weeks prior to puppy being collected) and she has confirmed she has been able to find another family for the puppy. She has said under the circumstances (personal issue) she will hold my deposit rather than me losing it, to another puppy when I am ready to proceed. I have asked for £200 back, as I know she usually has a £200 deposit to be on her waiting list. The contract I agreed to does not state the deposit was non refundable, except if i didn’t turn up to collect the puppy on the agreed day.
I gave two weeks notice and the puppy has a new family. My question is if I took this to small claims court would I stand a chance of getting my money back.

Thank you.

On what you have said she has no right to keep your deposit or to allocate it to another puppy. I suggest you tell her that you expect a full refund, as per the terms of your agreement, and if she doesn't comply you'll go to small claims.

As you cancelled the contract, they may be entitled to keep an amount to cover any loss they suffered as a result of your cancellation. As they have found another family for the puppy, it is not clear they have suffered any loss. It sounds like you have a good chance of getting your money back if this goes to court.

Thank you both for the advice. I have not had a response since asking for the money back, although I can see the message has been read. I think I will give it a few days, if no response send another message. If none again then I will make a claim to small claims court.
Thanks again.

I have in the past bred dogs in a limited way - 6 litters in 20 years and have always treated potential puppy owners in a fair way. There is no reason for this breeder to hold onto your deposit. It might be many months or years before you’re ready again to have a puppy. The breeder hasn’t suffered a loss and therefore should return your deposit. Presumably the new owners have also paid a deposit.

This is blatant sharp practice. I’d send an email headed ‘warning before court action’, saying all the above, and that unless the full deposit is returned within 10 working days, you will proceed to small claims. You could add that you’re disappointed that someone you believed was ethical and trustworthy has proved to be the opposite.

You might want to contact Citizen’s Advice to double-check the legalities. They are often very helpful with the exact wording to use.

You might also consider a complaint to the Kennel Club and to any breed societies of which they’re members.