Safffy Posted March 11, 2014 Share Posted March 11, 2014 I sold a puppy to an acquaintance known through mutual friends. I sold the puppy for 1500 of which 1000 was paid with 500 remaining. The couple said they would pay within a week and its been 3 weeks with no payment. A few days ago I sent a text after calling everyday for a week saying if they don't fix up the rest of the bill I will have no alternative but to seek advice from the police. I received a call some 10 minutes later from the buyer who was upset I mentioned police and he became quite aggressive to me on the phone, it ended with him saying I will call you when I have calmed down later. No call and I've rang everyday since to no response. He also implied the address he gave me was not the address the dog or they live. I have a contract which we both signed stating they still owe 500. I would sooner give them 1000 back and take the dog back so I can sell to people who will pay and be done with it. What are my options? They have not been given the purebred papers but don't think that will make them pay. Link to comment Share on other sites More sharing options...
WreckitWhippet Posted March 11, 2014 Share Posted March 11, 2014 It's a civil matter and the cops won't be interested. You could try small claims or go around there and ask for your money or take the $1000 you and ask them would they like to give you the pup for a full refund. Link to comment Share on other sites More sharing options...
aliwake Posted March 11, 2014 Share Posted March 11, 2014 Can you ask the mutual friends to find out what their deal is? Or at least get their true address.... Link to comment Share on other sites More sharing options...
Dame Aussie Posted March 11, 2014 Share Posted March 11, 2014 If it were me I'd try and get the pup back and just give them a full refund. Good luck, I'm sure there will be more advice. Link to comment Share on other sites More sharing options...
Sandra777 Posted March 11, 2014 Share Posted March 11, 2014 If it were me I'd try and get the pup back and just give them a full refund. Good luck, I'm sure there will be more advice. This. Link to comment Share on other sites More sharing options...
kelpiecuddles Posted March 11, 2014 Share Posted March 11, 2014 I would suggest that if you do intend to go over there take someone with you, preferably someone not necessarily intimidating but just who's presence might discourage the guy from trying to stand over you at all, only since you mentioned he got rather aggressive on the phone. I would definitely go in being sweet as pie and very polite and try to negotiate in a friendly manner but I wouldn't go alone. Link to comment Share on other sites More sharing options...
Nekhbet Posted March 11, 2014 Share Posted March 11, 2014 You handed puppy over without full payment ... it's a civil matter so really, good luck with the attitude they're displaying. Conversely you can try getting the dog back as they have not fully paid in the time agreed on, but again the police wont really help. A few big burley blokes on their doorstep might help the process along :) Link to comment Share on other sites More sharing options...
westiemum Posted March 11, 2014 Share Posted March 11, 2014 What KC said as you also need to take a witness with in case you need verification later. I'd go and see them and take 1k and ask for the pup in return fir a full refund. Link to comment Share on other sites More sharing options...
kelpiecuddles Posted March 11, 2014 Share Posted March 11, 2014 And make sure that whoever you take won't be inclined to jump in to the biff with the guy if he does arc up. If it does come to some sort of action through civil court or anything else you want it to be fact that you behaved impeccably throughout the whole process and only asked politely for what was rightfully yours. Link to comment Share on other sites More sharing options...
RiverStar-Aura Posted March 11, 2014 Share Posted March 11, 2014 For me as an owner only (not a breeder) I don't think I would've sold the pup in the first place. If someone can't afford to buy a dog up front, I'd be questioning their ability to afford the ongoing upkeep costs. Having said that, I agree about perhaps finding out through the mutual friend any information you can then fronting the owners with someone else along. I'd also be inclined to take the $1000 with you so you can hand it over immediately upon return of the pup. Best of luck with your situation. Link to comment Share on other sites More sharing options...
Steve Posted March 11, 2014 Share Posted March 11, 2014 When someone owes you money you have to put the account into writing and tell them they have 14 days to pay .If they dont pay within that time frame or come to a mutually agreeable arrangement to pay you have to inform them in writing that unless payment is made within 7 days that you will be forced to seek legal action. If they dont pay then you can either go to see a solicitor or you can go to the court house and issue a demand for payment.they can then pay in full including your costs to collect or request an arrangement via the court to pay what they owe plus interest and expenses. You cant just go and repossess the dog. Forget all ideas of getting the dog back because even if the court orders a sheriff to collect your money through the court process I promise you they wont make them surrender the dog to sell it to repay you. The dog is no longer yours. Link to comment Share on other sites More sharing options...
kelpiecuddles Posted March 11, 2014 Share Posted March 11, 2014 I don't think anyone was suggesting she forcibly repossess the dog, simply that she go with the money and OFFER them a refund to buy the pup back if they can no longer afford the dog. Link to comment Share on other sites More sharing options...
aliwake Posted March 11, 2014 Share Posted March 11, 2014 Maybe engage a debt collector? Link to comment Share on other sites More sharing options...
Dogsfevr Posted March 11, 2014 Share Posted March 11, 2014 Stupid you for selling without full payment. You need to stop phoning & start doing things in writing he said/she said won't be much help if you go civil & phoning every day isn't going to help the cause . You need to take a step back & approach this is a professional manner .Engage a debt collector like mentioned or send a bill ,find out what you must do to legally inform them you want payment ,make sure you do it all correctly & if no luck then small claims Link to comment Share on other sites More sharing options...
Safffy Posted March 11, 2014 Author Share Posted March 11, 2014 (edited) Yes stupid me indeed for selling without full payment, lesson learned. Yeah I will find out more info from our mutual friend and will take it from there. Will keep you updated, many thanks to all that replied. Apologies I couldn't reply to each individually. If taking him to court I will need to apply at VCAT, and if a monetary order is passed on him I then have to take it to magistrates court and sign an affidavit. If the court argues in my favour then the police can enforce the guy to pay including any VCAT and court costs. p.s. I am a guy. ;) Edited March 11, 2014 by saithroth Link to comment Share on other sites More sharing options...
kelpiecuddles Posted March 11, 2014 Share Posted March 11, 2014 It's such a shame Saithroth as I'm sure it all seemed like it would be fine given they were already known to you and therefore not complete strangers. Please don't let this shake your faith in people too much, I know 95% of people would go to great pains to ensure they adhered to an agreement they had made and if something came up they would be honest and talk to you about it to try to resolve it. It's such a shame when the minority spoil it for everyone. Maybe in future if you are wanting to help someone out offer to hold the pup for the extra week to allow someone to pay, that way you have the money and the dog if they reneg and you can simply refund them without having to try and get the pup back. Link to comment Share on other sites More sharing options...
Guest Ams Posted March 11, 2014 Share Posted March 11, 2014 Maybe also consider home checks before placing pups to try and confirm that is their address? You could ask for a tenant receipt or rates notice in their name as proof. Link to comment Share on other sites More sharing options...
Christina Posted March 11, 2014 Share Posted March 11, 2014 It may well be the correct address. The only way to find out for sure is to go there. As suggested take someone with you. It would be better if you could sort it out without going through courts etc. You can only give it a try first. Good luck. Link to comment Share on other sites More sharing options...
Steve Posted March 11, 2014 Share Posted March 11, 2014 Yes stupid me indeed for selling without full payment, lesson learned. Yeah I will find out more info from our mutual friend and will take it from there. Will keep you updated, many thanks to all that replied. Apologies I couldn't reply to each individually. If taking him to court I will need to apply at VCAT, and if a monetary order is passed on him I then have to take it to magistrates court and sign an affidavit. If the court argues in my favour then the police can enforce the guy to pay including any VCAT and court costs. p.s. I am a guy. ;) I think you had better check your info - the police wont get involved in collecting a $500 civil claim for part payment for a dog no matter what the court judgement is but you need to cover yourself in writing and decide whether it's worth the grief - personally I think expecting someone to simply hand back a dog they have had as a family member because they are slower than expected in paying is asking for them to be belligerent and dig their heels in. Be nice - offer them alternatives - tell them you understand they are not able to be pay as they promised and expected to - suggest they pay by instalments etc If this were me Id say lesson learned and walk away. Link to comment Share on other sites More sharing options...
Safffy Posted March 11, 2014 Author Share Posted March 11, 2014 (edited) Yes stupid me indeed for selling without full payment, lesson learned. Yeah I will find out more info from our mutual friend and will take it from there. Will keep you updated, many thanks to all that replied. Apologies I couldn't reply to each individually. If taking him to court I will need to apply at VCAT, and if a monetary order is passed on him I then have to take it to magistrates court and sign an affidavit. If the court argues in my favour then the police can enforce the guy to pay including any VCAT and court costs. p.s. I am a guy. ;) I think you had better check your info - the police wont get involved in collecting a $500 civil claim for part payment for a dog no matter what the court judgement is but you need to cover yourself in writing and decide whether it's worth the grief - personally I think expecting someone to simply hand back a dog they have had as a family member because they are slower than expected in paying is asking for them to be belligerent and dig their heels in. Be nice - offer them alternatives - tell them you understand they are not able to be pay as they promised and expected to - suggest they pay by instalments etc If this were me Id say lesson learned and walk away. I have checked my info. Its all right here. Police have to enforce magistrates court orders. http://www.vcat.vic....etary_order.pdf I will be nice and I will give them time to pay but flat out ignoring my attempts to communicate leads me to believe its not a case of can't pay but won't pay. The guy basically implied that he wanted to meet up for a fight because I mentioned the police. I don't care if it costs another 500 in court fees because I will get that back. Edited March 11, 2014 by saithroth Link to comment Share on other sites More sharing options...
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