Hi all,

I'm a new member, and in need of some advice in quite a sad situation.
In June I put a £200 deposit down on 2 beautiful British shorthair kittens; a blue boy and a blue tabby girl. We visited them a couple of times and all seemed fine.
However, we were called by the breeder about 4 weeks ago with the sad news that our blue tabby girl had passed away after possibly getting something stuck in her stomach but the breeder was still not quite sure what happened. We were offered another kitten in replacement, as we'd always wanted two together, and this was an extremely difficult decision for me and my boyfriend, as for us animals aren't interchangeable!
We visited the new kitten and fell in love with the new silver spotty and decided to take her so that they would both be together in their new home
We were getting really excited about picking up our kittens this weekend, having bought their beds, toys, food etc.
However, yesterday I received an email from the breeder with yet more tragic news that out blue boy had also passed away after eating a washing liquid tablet from her kitchen cupboards.

My boyfriend and I were absolutely devastated that now both of our chosen kittens had passed away. The breeder offered us a colourpoint that she now had available, but for us it didn't feel right and we didn't feel comfortable anymore with the situation after choosing our names for them and getting to know them.

As the situation didn't feel meant to be, we made the decision that having lost both of our original kittens, that we wouldn't feel right having the replacement kittens anymore. We spoke to the breeder and she said she would refund our deposit, but then ten minutes later emailed to say she wouldnt be.

The breeder has now turned very nasty in her emails, saying that the deposit is non-refundable. Of course we understood that they were, and in the event of time wasters etc we know that the deposit is a breeders security. But she knows that we are genuine, loving buyers who had visited her several times, and this really is an exceptional circumstance.

She has told us that she has spoken to another breeder who has told her that she should be keeping our deposit, but we find it quite heartless that she is keeping deposits for two kittens who have now passed away. This is a hard enough situation for us as it is, to now also be faced with such a difficult breeder.

Any help or advice on this situation would really be appreciated,

Thank you in advance

Paula

I asked trading standards about this a few months ago. Legally you are entitled to your deposit back. The cost of anything you have bought in anticipation of the purchase, beds, toys, food ect. If the kitten was cheaper than equivelent kittens elsewhere you are also entitled to claim the difference in price for loss of bargain.
That is straight from trading standards solicitors

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I would email breeder and state that if she doesnt refund your money in X amount of days you will be reporting her to trading standards.

- Have you got proof that you left a deposit with her, on two kittens?

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Hi Paula, I must be honest I really don't know what to say about this
It sounds really odd! If you hadn't of met the kittens i would of instantly said that it was a scam!! You know one of these ones that claim they have exactly what you're looking for, ask you to send the money etc etc and disappear off the face of the earth or give you a sob story that they passed away. But the fact that you met the kittens leaves me totally baffled!!

I know a lot of breeders do state that a deposit is non refundable.
But £200 is a HUGE deposit! I thought they usually asked for 10% deposit!?
It just sounds really 'iffy' to me

I think you will be able to get the deposit back somehow... but will probably have a huge fight on your hands unfortunately

Sorry i can't offer much help or advice

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Deposits are the root of all evil - once a breeder has taken a deposit they have put themselves and buyers into a contract, the breeder cant forfill this as the kittens are no longer alive, so by rights the buyer has every right to have her deposit back. within the law animals are seen as anything else thats sold, you wouldnt put a deposit down on a sofa and not have it back if the sofa was to become damaged by the seller.

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A deposit can only be non refundable if the buyer fails to honour the contract not if the seller fails to honour it.

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Hi everyone!
Thank you so much for your helpful replies. This is kind of what I was thinking all along- that surely she cant legally keep the deposit if the kittens aren't even alive. (I feel heartless even talking about it so matter of factor which is why I just can't understand her attitude!)
I do have a receipt, which also states the colours and sex of the kittens I had chosen. She feels because she has offered me replacements and we have said no, that she is entitled to keep our deposit. It is a crazy situation, I agree if we hadn't seen them that it would seem like a scam! The kittens were £380 each, so I kind of thought £100 deposit on each was ok, but maybe not?
I will definitely email her about trading standards and see what happens,

Thanks again for taking the time to reply,

Paula

Keep all the emails, and other messages that tell you your kittens have passed, along with the receipt. - Just incase you take things to trading standards.
Good luck.

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Madness!! ...Can't imagine how heartbreaking it must be for you to have met them, fallen in love with them, bought them all their stuff and been so hyped about bringing them home only to have it all taken away! I am so sorry for your loss.

Best of luck with getting your deposit back! xx

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Thank you :-)
We could hardly believe it after the first phone call to say our little girl tabby had died- you can imagine how hard it was to get the same news 4 week later about our little boy. It's indeed madness that after such awful luck that the breeder is only concerned about money and not how upset we are about losing our kittens! X