DaneLover233 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. Yes and no - perhaps the pup was ready to go to it's home before they had all the money together? Plus for me personally $1500-2000 is a lot to fork out in cash yet if something happens to my dogs there is insurance and credit cards 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. 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. Sorry where does it say the police will get involved in collecting the debt? Its a civil claim not criminal I must have missed something and things must have changed a LOT in the last year or so. Link to comment Share on other sites More sharing options...
Guest Ams 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. 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. These orders are enforced by the Sheriff which is a court officer. Reading further into the process, VCAT may also order payment by installments so it may be in your interests to do as Steve suggested and offer the people to pay the remaining $500 by installments. 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. 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. Yeah well when you threaten someone with the police because they are late in paying a part payment for a puppy that would send most people to a defence position. Link to comment Share on other sites More sharing options...
Purdie Posted March 11, 2014 Share Posted March 11, 2014 They may have intended to pay the balance but are now unable to get the $ 500 together . Ask them to pay an amount each week until it is paid off.If they will not agree to do that then i doubt you will see the rest of the money. As you now know;never hand over a pup until you have full payment. Link to comment Share on other sites More sharing options...
Safffy Posted March 11, 2014 Author 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. Yes and no - perhaps the pup was ready to go to it's home before they had all the money together? Plus for me personally $1500-2000 is a lot to fork out in cash yet if something happens to my dogs there is insurance and credit cards This couple have a young daughter and both work and have vehicles of their own. The issue isn't that they can't pay, its that they don't want to pay. Most people who owe money fill you in when they will pay you back, I lend money to my dad and brothers all the time and friends with no such issues. There has been zero communication from them 3 weeks from getting the pup when they told me a week and they will fix me up. I was concerned about them as buyers but being acquaintances and the fact I had 7 puppies at the time, I thought I will help them out and let them pay off remainder. 1500 is a lot of money but it weeds out the unscrupulous owners who can't afford it. I paid 2500 plus airfare to SA for my boy. You need to pay for quality. There was only 2 boys in the litter and they got the best one. All pups have been sold bar 1 to exceptional buyers apart from these guys. Anyway gotta get ready for a funeral, will be back later today. Again thanks for all the replies everyone, this forum is full of good people willing to help. Def one of the better aussie forums I have been a member of. Link to comment Share on other sites More sharing options...
Steve Posted March 11, 2014 Share Posted March 11, 2014 (edited) Many years ago I accepted a cheque for payment for a puppy .I put it in the bank and was reliant on it clearing to cover Christmas for my kids - it bounced. When I went back to the new owner they told me it was either my kids or their's - just shrugged it off - their kids had a new puppy for Christmas. Around about then I would have had the cops , a gang of bikies, the mafia,the army ,my hubby and 4 sons go after them and I still get filthy mad when I think about how they did that to my kids without even an apology - hard lessons and now when someone turns up here with a cheque - after I've told them I don't accept them no matter what story they want to try the pup doesn't leave the property .Hard lessons which happen to everyone who sells any item but puppies carry with them an emotional issue which seems to amplify the sin. Edited March 11, 2014 by Steve Link to comment Share on other sites More sharing options...
DaneLover233 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. Yes and no - perhaps the pup was ready to go to it's home before they had all the money together? Plus for me personally $1500-2000 is a lot to fork out in cash yet if something happens to my dogs there is insurance and credit cards This couple have a young daughter and both work and have vehicles of their own. The issue isn't that they can't pay, its that they don't want to pay. Most people who owe money fill you in when they will pay you back, I lend money to my dad and brothers all the time and friends with no such issues. There has been zero communication from them 3 weeks from getting the pup when they told me a week and they will fix me up. I was concerned about them as buyers but being acquaintances and the fact I had 7 puppies at the time, I thought I will help them out and let them pay off remainder. 1500 is a lot of money but it weeds out the unscrupulous owners who can't afford it. I paid 2500 plus airfare to SA for my boy. You need to pay for quality. There was only 2 boys in the litter and they got the best one. All pups have been sold bar 1 to exceptional buyers apart from these guys. Anyway gotta get ready for a funeral, will be back later today. Again thanks for all the replies everyone, this forum is full of good people willing to help. Def one of the better aussie forums I have been a member of. It's so crappy bc you did a nice thing and this is what you get in return! I hope you get the rest of what's owed to you Link to comment Share on other sites More sharing options...
Staffyluv Posted March 12, 2014 Share Posted March 12, 2014 Our local police helped get our stafford back (quite a few years ago now), when another guy had him in a yard. We had to prove to the police that he was our dog (microchip, papers and photographs) - they came with us to the guys house and they knocked on the door (we had shown them the dog in the back yard).. They guy was happy to hand him back and said he had found him.. Link to comment Share on other sites More sharing options...
Guest Ams Posted March 12, 2014 Share Posted March 12, 2014 Our local police helped get our stafford back (quite a few years ago now), when another guy had him in a yard. We had to prove to the police that he was our dog (microchip, papers and photographs) - they came with us to the guys house and they knocked on the door (we had shown them the dog in the back yard).. They guy was happy to hand him back and said he had found him.. Staffy that is different as it is classed as theft. The OP has willingly given these people the pup for monetary exchange. The fact they have not paid the full amount makes it a civil matter not a criminal matter. Link to comment Share on other sites More sharing options...
dragonwoman Posted March 12, 2014 Share Posted March 12, 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. And as a breeder you are obliged to provide the papers within 28 days or be in strife with Dogs Victoria..........but I don't know where you stand if dog is not paid for in full as in this case.......not sure who legally owns the dog..........written agreement would have been better. hindsight is a wonderful thing........hope you can reach an amicable agreement calmly, maybe accepting payment in instalments, but write it down and both sign it this time if buyer is amenable to this option Link to comment Share on other sites More sharing options...
Erny Posted March 12, 2014 Share Posted March 12, 2014 I would have thought "Small Claims Tribunal" via Consumer Affairs and/or VCAT would be the way to go. But arm yourself with evidence of your efforts to reclaim the money along with evidence of the fact the money is indeed outstanding/owed (i.e. Original Contract). Link to comment Share on other sites More sharing options...
sheena Posted March 12, 2014 Share Posted March 12, 2014 What breed of pup is it & how old if you don't mind me asking. Link to comment Share on other sites More sharing options...
Staffyluv Posted March 12, 2014 Share Posted March 12, 2014 Our local police helped get our stafford back (quite a few years ago now), when another guy had him in a yard. We had to prove to the police that he was our dog (microchip, papers and photographs) - they came with us to the guys house and they knocked on the door (we had shown them the dog in the back yard).. They guy was happy to hand him back and said he had found him.. Staffy that is different as it is classed as theft. The OP has willingly given these people the pup for monetary exchange. The fact they have not paid the full amount makes it a civil matter not a criminal matter. Ah of course.. Link to comment Share on other sites More sharing options...
keetamouse Posted March 12, 2014 Share Posted March 12, 2014 Is the dog chipped in the new owners details? is the dog registered with their council, is the receipt for the dog for $1500 or $1000? may make a difference. Maree CPR Link to comment Share on other sites More sharing options...
alpha bet Posted March 12, 2014 Share Posted March 12, 2014 Consider this - Sometimes possession is 9/10 ths of the law.... Sale of dogs is being treated the same as other products. Products remain the property of the the seller..... until paid in full - you could have the puppy repossessed.....Perhaps if you go to their home - no one is home - the back gate is not locked and puppy is running around.... well....... Otherwise you just have to write off the debt and not hand over any registration papers....... you are under no obligation to provide the papers - but to cover yourself you should write a letter to your ANKC to inform them of this matter. Link to comment Share on other sites More sharing options...
Malakita Posted March 14, 2014 Share Posted March 14, 2014 Yes, Alpha bet is right about the breeder being under no obligation to supply the pedigree papers. In VIC, the breeders have up to 18 months to register the litter. We got our papers when our pup was 15 months, and our pup's litter brother never got desexed (as per contract) so the owners to this day, have no papers for him. VCAT will have a hearing, have a monetary order made out to the OP ( the applicant) if they decide in your favor. The people who haven't paid will also receive the order and that amount is payable straight away. If they don't pay, you can apply through the magistrates court. If they still don't pay, then you get the sheriff involved. Hope you and the other people reach a resolution. Link to comment Share on other sites More sharing options...
Missymoo Posted March 14, 2014 Share Posted March 14, 2014 Is $500 worth all this crap?? Lesson learned, move on!! Link to comment Share on other sites More sharing options...
Safffy Posted March 15, 2014 Author Share Posted March 15, 2014 Is $500 worth all this crap?? Lesson learned, move on!! Probably not thats why I am finding out his address from my mate. I am just going to go round there and tell him to play ball or I will. Sick of deadbeats thinking they can get a free ride. Link to comment Share on other sites More sharing options...
Erny Posted March 15, 2014 Share Posted March 15, 2014 For $500 and the principal of the matter, I would at least be speaking with Consumer Affairs. People self-reinforce, just the same as dogs do, and when it's for bad-behaviour ….. well, it only means they're more likely re-offend on someone else at sometime. For what it's worth, if you have the document back-up to prove debt owing, at least it's a black mark against their name. Even if it's just the formality of it that has them feeling uneasy about that. Link to comment Share on other sites More sharing options...
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