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Heartbreak and Stupid Credit Card Companies - Update
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So I need some advice on a very sensitive subject (for me) ...I am too scared to post anything like this in the lavender room because I don't think I could take a smart ass remark.

A little over a year ago, my fiancee and I purchased an adorable mini dachshund puppy. I am ashamed to say we bought the dog from a less than reputable breeder, but the puppy was not the runt of the litter and we signed a contract 'protecting' us from any genetic defects.

Of course we and our 5 year old mini dachshund fell in love ...she was as sweet as could be. She didn't look quite right, but we chalked that up to shoddy breeding. At 7 months, we decided to do the 'right' thing and have her fixed. She never woke up. Her poor little heart gave out during the surgery.

After talking to both vets at the clinic as well as my father (former vet, now people doctor), all agreed that our little darling had a massive heart defect (did not post her, just based on appearances and a many other key factors). If she hadn't passed when she did, there was a good chance she may have just fallen over dead in the near future.

Although nothing could replace Jujube, our other dog, Joey, was beyond depressed. We decided to approach the breeder about the contract. She offered us 2 different puppies, both had minor problems. Totally disgusted, we tried to come to some sort of resolution. She stopped responding to any contact we attempted to make.

As I had paid for the puppy on my credit card, I decided to take it up with them in February of this year. After sending them letters from the vet, all e-mail correspondence with the breeder, and a copy of the contract, they found in our favor. We received a check in the mail for the disputed amount around April. I cancelled the account a month later, having decided to cut down on credit card use and just have the one that my fiancee and I share.

Fast forward to two weeks ago. I got a letter in the mail stating that there was not sufficient evidence in our case and that I now owed them that money.

Today I got an actual bill.

Honestly, the money is not the issue. Part of me just wants to pay and end the repeated heartbreak. However, most of me does not want the breeder to come out of this with her reputation intact, which she will do if the credit card company comes back to me looking to collect.

So what do you think? What would you do?
Last edited by: Leloo: Oct 28, 08 11:34
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Appeal their second decision. You have a contract and all the evidence that says the breeder should have honoured the contract. Don't give up.

Also: go tell your story to the Better Business Bureau and there MUST be an organization that registers breeders... tell them too. Word it politely, don't be seen as an abusive crackpot or anything, just write a detailed letter to each of these organizations.

AP

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"How bad could it be?" - SimpleS
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Do you have the document from the credit card company stating that they found in your favor? That is your ammunition. Kick, scream, whatever it takes. It was determined that you were a victim of fraud and you shouldn't give in.

It isn't about what it is your are in dispute about, it is about a failed business transaction. This money can go to getting a new dog.

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Jen

"In order to keep a true perspective on one's importance, everyone should have a dog that worships him and a cat that will ignore him." - Dereke Bruce
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Re: Heartbreak and Stupid Credit Card Companies [AndyPants] [ In reply to ]
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The wonderful state of Alabama does nothing to regulate breeders :-\ I think my fiancee may have done the BBB thing when we initially had trouble with the breeder, but I will check with him.

My fiancee is on the phone with the credit card company as we speak. They are claiming that "all avenues have been exhausted" and this is their final decision.

The boy-toy is in law school, though, and loves a good argument ...this could get interesting.
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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So let me understand this. First, there was sufficient evidence for them to find in your favor, and now there isn't? Did they tell you when they sent the check that it was a preliminary decision? What is their basis for coming back to you now?


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Steve Perkins
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Re: Heartbreak and Stupid Credit Card Companies [steveperx] [ In reply to ]
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All questions I would LOVE to have answered.

They did not tell me it was a preliminary decision ...apparently that was in the fine print of my contract.

They did not state they had a reason to come back other than something along the lines of "after further investigation we have found insufficient evidence in your case".

I'm thinking the breeder didn't pay up so now they are coming back to me ...four months after they cut me a rather large check that has already gone towards the vet bills for our new little one.
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Don't give up! Like Jen said, that money can go to a new dog. Your poor puppy needs a new friend. I'm so sorry this happened to you. I had a stray cat come into my life last year that didn't wake up from surgery that the humane society had decided to do on her (I wasn't able to keep her because of my other cats). Still makes me cry to this day and she was only with me for just over a month. A new dog can never replace, but can restore!


______________________________________
I know I'm promiscuous, but in a classy way
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Re: Heartbreak and Stupid Credit Card Companies [cuds] [ In reply to ]
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We have little Kiwi now :-) Joey was never really right after losing his buddy, so we went ahead and got another puppy about three months after losing Jujube.

I am more pissed than ever now. Apparently the breeder's "vet" wrote a letter stating that we did everything we could (including cremating the dog) to hinder the investigation so that we could collect. That particular vet did not return a single one of our calls, we never saw such letter, and we offered repeatedly to have her posted at the veterinary school in Auburn. The breeder told us that was not necessary ...and Jujube was buried in a little garden now dedicated to her ...no cremation.

Ooooo ...I am steamed.
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Write them back and ask for a written explanation as to precisely what "further investigation" was done and what additional evidence was collected that supports their contention that there is "insufficient evidenvce" in your case. Point out to them that they had already ruled in your favor and apparently believed at that time that there was sufficient evidence to conclude that your dispute of the charge was proper. You clearly are entitled to a detailed explanation as to what circumstances have changed justifying their sudden reversal. Finally, tell them that if they are unable or unwilling to provide such information, then you consider the matter closed, that they have no legitimate basis for their demand.


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Steve Perkins
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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It seems to me that sending you the check is their agreement that it wasn't your fault. If it was prelimary then they should have sent it. Maybe argue implied contract or some such thing.

You can always argue with a CC company. Escalate escalate escalate. Refuse to pay it back until it is straightened out.

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Jen

"In order to keep a true perspective on one's importance, everyone should have a dog that worships him and a cat that will ignore him." - Dereke Bruce
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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I am more pissed than ever now. Apparently the breeder's "vet" wrote a letter stating that we did everything we could (including cremating the dog) to hinder the investigation so that we could collect. That particular vet did not return a single one of our calls, we never saw such letter, and we offered repeatedly to have her posted at the veterinary school in Auburn. The breeder told us that was not necessary ...and Jujube was buried in a little garden now dedicated to her ...no cremation.

That is BS. BUT, it's also good news. Tell your CC company that the "vet" is clearly either misinformed or outright lying. You can and will (at their request) provide an affidavit attesting what you did with the dog's body, that you attempted to contact this "vet" who never returned your messages, and that you repeatedly offered to have her posted at the vet school in Auburn but were told that by the breeder that it wasn't necessary. You might even offer to have the dogs body exhumed (at either the CC company's or the breeder's expense) if they so require. I seriously doubt that they'll take you up on that.

Your CC company is clearly not doing a good job at investigating this matter.


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Steve Perkins
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Re: Heartbreak and Stupid Credit Card Companies [steveperx] [ In reply to ]
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The big problem is that they consider the cased closed. I don't think little me v. massive company over a few hundred bucks would be too pretty.

It looks like we will be taking this up with the breeder now (also the credit card company's recommendation). I'm hoping she will prefer to do what she should have done initially and refund the money as opposed to spend much more in court associated fees (driving to where we file, lawyer, time lost at work, etc). I'm not really one for making a big hairy deal out of things, but the fiancee seems to think this is the right thing to do.

As I said before, it is not about the money, it is about the breeder getting out of this with no harm done to her bank account or reputation, so I guess we can see where approaching her goes...
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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No. No. No. Do NOT pay the CC company back. You need to tell them that you are prepared to refute the false allegations, and that it's up to the CC company to fight with the breeder. Tell them you're willing to help them in any way you can, but you're not going to be strong-armed in to taking on this responsibility. They already determined you were correct. Apparently, they are basing their reversal on innacurate information. They think they can foist this off on you instead of doing it themselves. You don't want to get into a lawsuit and other things with the breeder. Make the CC company do it.


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Steve Perkins
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Re: Heartbreak and Stupid Credit Card Companies [steveperx] [ In reply to ]
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I'm signing off for the night, but thank you so much for the lawyer perspective!

It is time for trash TV, trainer workout, a little studying, and packing for the boy's upcoming race ...I'm a little wound up right now...

I'm sure there will be updates that I'll need to rant about tomorrow :-P
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Definitely keep us updated!!


______________________________________
I know I'm promiscuous, but in a classy way
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Listen to Steve and good luck with it.
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Re: Heartbreak and Stupid Credit Card Companies [Leloo] [ In reply to ]
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Sometimes it is not worth the money to do something but it is worth the principle of it. This is one of those times. The CC company is trying to bully you and it's working (" I don't think little me v. massive company over a few hundred bucks would be too pretty.") You are in the right and you need to stand up for your rights. See if you can find a friend of the family that is a lawyer that would be willing to take this up pro bono. Have this posted at the Auburn vet school. Play hardball. Otherwise, you're going to get walked all over.


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http://trainingoferic.blogspot.com/
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Re: Heartbreak and Stupid Credit Card Companies [steveperx] [ In reply to ]
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I agree, do not back off the credit card company. Go up the chain of command. Get everyone's name and extension number that you talk to and ask for their manager's name. I have had to deal with companies like this several times before in my line of work. If I am not getting an appropriate response, I start writing letters to the President, CEO, Human Resources, Board of Directors, Investors, etc. Make sure you have also reported this to the BBB.
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Re: Heartbreak and Stupid Credit Card Companies - Update [Leloo] [ In reply to ]
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Felipe and I sent a rather large packet to the credit card company about two weeks ago including: a very long and nasty letter describing how they screwed up, letters from two veterinarians stating our case, all relevant documents regarding the purchase (certificate of health, contract, etc.), and photos of our slightly deformed but oh-so-loved puppy.

Today I received a call saying that they had reversed their decision, it was final, and that I would be receiving a letter in the mail stating just that ...yay!!!!!
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Re: Heartbreak and Stupid Credit Card Companies - Update [Leloo] [ In reply to ]
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Wow, that's awesome! Congratulations. I'm glad that it worked out for you. How soon before you get your money back and are able to put this behind you?

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http://trainingoferic.blogspot.com/
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Re: Heartbreak and Stupid Credit Card Companies - Update [erichollins] [ In reply to ]
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We never paid them, so we don't actually get money back ...but the balance of the card will be wiped clean. They are even going to erase the late fee they charged me when I paid the minimum late last month (put it in on time for CST, not for EST) and (I think) refund that payment.

Whew!!!
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Re: Heartbreak and Stupid Credit Card Companies - Update [Leloo] [ In reply to ]
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Was this CC company AmEx?

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http://trainingoferic.blogspot.com/
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Re: Heartbreak and Stupid Credit Card Companies - Update [erichollins] [ In reply to ]
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Nope, Visa
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Re: Heartbreak and Stupid Credit Card Companies - Update [Leloo] [ In reply to ]
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So glad to hear it!!!! Good for you for standing your ground and going through with all of that, which can be especially hard when it includes the loss of a pet.


______________________________________
I know I'm promiscuous, but in a classy way
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Re: Heartbreak and Stupid Credit Card Companies - Update [Leloo] [ In reply to ]
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Score one for the good guys! It'll never replace the pup, and it won't repair the time spent dealing with this. But it is a good outcome and good for you!! I'm proud and always feel better about humans in general when people or a company do the right thing.

So enjoy the new little guy and may you all be one big, happy, yappy family!!!

AW
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