Can I recover a deposit after an AI-generated puppy advert?

[mmealfredcarriere]

Please help.

I placed a deposit on a dog for sale through a popular website. I had some concerns about the breeder and I then found out that the picture they used to advertise the specfic dog I had placed a deposit on was AI generated. I asked the breeder for my deposit back. I then contacted the website that the ad was on and who took the deposit. They said I cancelled so I had to lose the deposit. It is in their T&C's that breeders can't use AI in any way.

I've initiated a chargeback with my bank but the company who runs the website is claiming that it is still my fault.

I believe that the advert should never have been allowed on the website or have been removed and I should never have been able to place a deposit on a dog that doesn't exist. Am I wrong?

Thank you.

I think people are getting caught up in the dog aspect of this post. If this was a washing machine and you bought it through eBay for example, you pay through eBay and then go and pick it up. If you find out that the image used was fake and not the washing machine you thought you were getting, eBay refunds you the money. Surely this should follow the same principle?

I am sorry for falling for a scam. I am duly ashamed. I was just asking if I have a leg to stand on legally here.

Again, this is not the point of this thread. If you can't answer about the legality of what has transpired, please stop posting.

Can you say you’ve changed your mind and would still like the dog?

I'm wondering what would have happened if you had gone ahead with the purchase and went to see the dog.
I don't like Pets 4 homes but I don't think you deserved to lose your deposit - how much was the dog going to be if £900 was the deposit?

I’m guessing £900 was the full amount - I can’t see anyone paying that just for a deposit.

£3,500 total which is ridiculous but it was advertised as having the temperament for being trainable as an assistance dog.

Again though, could anyone tell me where the law is on this?

Gather all the evidence you can, ask the bank to do a charge back due to it being fraud or misrepresentation, if that doesn't work, start a small claims court process (very easy to do).

(Then, start looking for local reputable breeders....)

Sounds like a massive scam. I’d report to something like Action Fraud. Is that the right name? I doubt there was ever a dog. 3.5k for a dog is bonkers and I say that as someone who shows at Crufts and spends £thousands on a dog. I’ve never spent £3.5k on a dog and I ve had dogs from the best lines in the world (for the breed).

the thing about the temperament being suitable for an assistance dog is bollocks. Any litter will have calmer dogs who would be suitable. Or as suitable as it’s possible to tell at that age.

hopefully the bank accept the charge back. I don’t know if this meets the threshold for a crime or theft. But you can make a report here and that might help,your case with the bank. https://www.reportfraud.police.uk

next time avoid pets4homes, look at the kennel club site for recommended breeders (not a sure thing because anyone can be a recommended breeder with registered dogs if they adhere to some conditions). look at fb groups for the breed and get talking to people with them …..ideally showing focused groups because even if you don’t intend to show it will be full of people who know the good breeders. A lot of litters are sold via word of mouth. But Champdogs is a better website to find decent breeders….but again do your research about individual breeders.

were these dogs KC registered? If so I’d also report to the kennel club. I’ve known breeders “be struck off” for underhand tactics like this.

That’s ridiculous! You paid almost £1000 for a dog you never saw - you never even met the parents.

What was the reason you didn’t go and see it?

Oh my goodness, you gave someone £900 as a DEPOSIT for an animal you had not even seen?

Whenever I have bought a pedigree cat I go to view the kitten at the breeder's, and pay the breeder 10% deposit to 'reserve' the kitten. Then when it is ready to leave its mother, I go to collect it and pay the full amount to the breeder. I have never sent any money for a cat I have not seen.

If you want to go through the process of buying a pedigree in future, please never give any money without first seeing the animal.

In this instance, I agree the best idea is to try chargeback via your bank.

Look up the Consumer Rights Act - it's a good place to start. A chargeback is probably your best bet, and then a claim in the small claims court (which you can do online - there are fees to issue a claim but probably still worth it for £900). Good luck!

From what you’ve said it seems that the way you've approached the issue with the company probably hasn’t helped things.

I’d get some advice from action fraud, this time make sure you lead with the deviation from the terms and conditions, rather than the woolly I’ve got reservations. The updates you’ve given very much have the implication that you’re second guessing your plans or that particular dog rather than that you’re concerned about whether the advert is genuine or whether there’s a breach.

The way you’ve described it here has taken a bit of understanding. I think the issue has roughly been:

• you looked at website for suitable dog
• you checked website terms, which made clear that all images of the dog must be real and not AI
• on that basis, you made selection and paid deposit
• you then became aware that some/all of the images of the dog you’d reserved weren’t real and were in fact AI
• on that basis, and as the terms of the contract had been breached, you did not proceed with the transaction and instead made the company aware that they had a potentially fraudulent advert

Whereas what you say youve actually said to them is that you want to cancel, you’ve got reservations, and it’s not clear whether the AI issue is the post type ad, or the actual images of the animal.

I thought sites like Pets 4 Homes advise users not to make deposits for animals they haven’t seen? Im sure they do.

Still, I hope you get your money back.

Based on my understanding of the website, the deposit is paid immediately to the breeder to secure the puppy for you. The company holds the balance of the payment until you confirm you have collected the animal and it is then released to the breeder.

I think that, because you didn’t follow the company’s Ts &Cs once you had misgivings, you are going to struggle to get your money back, I’m afraid.

OP. please link to the T&C. you’re getting a lot of waffle from non-lawyers but the T&Cs are the contract and no one can advise you without seeing them.

This - what do the T&C’s actually say?

But also - 3.5k for a puppy?! Come on 🫣

AI for advertising live animals good lord what is the world coming to! No advice I’m afraid but you should have read the small print first. Good luck with getting your money back.