your opinion

[shellygirl]

If any of you can give me advice on a situation that I am going through.....here's the story....A year ago we placed ourselves on a waiting list for a harley macaw on whatever clutch would be born in 2008 to be weaned by summer of 2008. So then we waited and finally got the call in February that a clutch had hatched, so I sent her the deposit money of $750 within two days and then we picked out our bird from pics and watched her grow. She (the macaw we named Skittles) then died at close to two months old from her "brother" crushing her windpipe. The breeder then e-mailed me a week after Skittles had passed telling me of her passing and offering to use the $750 towards the next clutch and because she was feeling bad about the situation she would give us a discount on that next bird that would be weaned in or around January. So we agreed, but then decided that we really wanted one for the summer months so that i could sociallize him/her better and that the roads wouldn't be as horrible (we live in northern Canada and she is a 12 hour drive from us). So I searched for another macaw and finally found one (because while we were watching Skittles grow most clutches for spring had already hatched and sold to others). So I paid this next breeder a $600 deposit for a B&G baby to be ready in June (like Skittles was supposed to be...) and then contacted the first breeder requesting my deposit back since it wasn't my fault that the baby had passed on. I got a reply today saying that she doesn't have the money and doesn't know when she will have it. Do I have a right to be mad? (because I am) Because normally a breeder does not keep the deposit unless they have a chick for sale at that time. No one will even accept a deposit unless the clutch has hatched....And every aviary, that I know of, if the bird agreed upon dies gives the deposit monies back. Even when discounts are made they still refund until they have a baby to raise. Sorry if this sounds crass, but deposit money is supposed to be kept as "good faith" money and to be used in the upkeep of the bird until the person has paid in full. Am I right or just an over-reacter? Please help!

[Amie]

I'd say you most definitely have a right to be angry. The deposit was for Skittles specifically, right? If so, then when Skittles was, for lack of a better phrase, no longer available, the contract, whether verbal or otherwise, would be null and void.

Now, do I know what you can do about it? No. But I'm angry for you.

[huntress]

You have every right to demand your money back and she is Obligated to pay you. That money was NOT a loan. If I were you and she is being tough about it I would then demand a baby anyway and resell it. She does in fact know when she will have it - when she sells the next bird. Do some investigating...have someone else "shop" her for birds she has for sale. If she wants to get really crappy start mentioning how you can spread the word about her buisness all over the WORLD via the internet. If she is a competant breeder she wont want that at all (hell even if she is incompetant) . What is the name of her Aviary - I'll do some incognito shopping for you. I'm good at that,lol.

[birdsnreps]

you have ever right to be mad, but try asking her why she cant pay it back to you. she may be going through some difficult financial difficulties, maybe she had some hefty vet bills or personal financial difficulties. (just trying to see the other side of things) alot of people are slimy, lie-ing filth, but a few are honestly broke and are having problems. i know i have been really, super broke before myself :(

[ndeben]

You have a right to be mad, and request the refund, people who take deposits SHOULD put the money away, not spend it. Things like this happen all the time. geeze good luck

[shellygirl]

I would believe she didn't have the money but she is a member of the same bird yahoo group I am of abird4sale and has posted this : Wanted


bonded or proven pair of green wing macaws, willing to pay about 3500-
3800 for the pair. feather condition doesnt matter.

Bonded or proven pair of blue and gold macaws, willing to pay about
1800-2300 for the pair, feather condition again, isnt a big issue.

Bonded or proven pair of scarlet macaws, willing to pay about 3500-4200
$, feather condition isnt an issue.

Shawna

So I think she is BSing me about not having the money....that and right after Skittles clutch (2 in total in that clutch) the pair had another clutch of 3 (yes she bred them that soon, yes they were all sold to others by the time Skittles passed on). The one from Skittles clutch she kept on advertising as a B&G for sale (it's colouring was that of a B&G, but from a Harlequin male and B&G female), but even he was sold by the time Skittles passed. So she would have these other peoples money from deposits as well....

[r2rusmc]

Please tell me you have something in writing? If you don't you won't have much to stand on and anything you spread online will be your words against hers.

Don't know about Canada but here in the US you can be charged for slander and libel over things said on the internet if you can't back up your accusations/allegations.

[shellygirl]

I have receipts, ALL of the e-mails, the e-mail money transfer etc.

[isoscelestri]

Did you sign a contract or have any documents about the deposit? Does Canada have a Better Business Bureau that you could report this too?

[shellygirl]

The deposit would be verified by the e-mail money transfer. The BBB would only be responsible if she were a registered business in which aviaries here often aren't because they don't earn more than the 30,000 a year where the government requires you to have a business license. I also have the e-mails between the two of us stating about the deposit money. Everything was via internet since she lives so far away.