Bait & Switch Hearing - Legal Feedback Appreciated - Page 4

RinaRina · ‎03-13-2010

@elated wrote:
I have been to Small Claims Court and you need to show proof of your claim. I would call it negligence..I would not get emotional ; just state your case. Bring your vet bills and any contract you may have signed.

Don't use the term Bait and Switch because that is not what happened. Bait and switch is a sales tactic to get you in the store and then sell.you a higher priced item.

The only negative is that you took the dog knowing it was sick. They promised meds but reneged. It will be a he said/she said scenario.. Remain calm..If you come off as being unreasonable, it will not go well. Just state your case. I can't emphasize this enough. I wish you well.

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@elated
All hearings where I live are paperless and virtual. (online)

When I filed the complaint, I knew I needed to stick to the facts ONLY, so, I only attached my veterinary receipts.

I left the shelter at 6PM, returned to the shelter with the sick dog @ 8:45PM and then went to my Vet @ 10:30 AM the next morning. So the dog was seen immediately.

Altho' I wrote a review online the day after the adoption about the Vet reneging on the meds, I did NOT include a copy of the review because I didn't think the Judge would have time to read it.

The hearing is next week, so I still have a few days to go to the courthouse and include the review. Should I? or just skip it?

"The less you respond to negative people, the more peaceful your life will become."

RinaRina · ‎03-13-2010

@Etoile308 wrote:
@RinaRina, as frustrating as the situation is, I think your case will come down to what is written in the adoption agreement. Nothing more. Doubt any verbal promise will matter. It wasn't spelled out in the contract.

I don't have a contract or "adoption agreement". I've looked everywhere!

I have:
1- a "Healthy Start" Certificate to get a "complimentary" physical

2- A dog park license

3- A rabies certificate

4- My receipt for the dog fee

On our neighborhood listserve, one of our neighbors was giving away the dog they recently adopted from the same shelter. Someone reprimanded her for not following the guidelines of the the "contract". She responded that the contract did not say the dog had to be returned to the shelter. She did say SOME of the contracts allow returns but not all.

Anyway, I do NOT have any contract.

If they gave me one, I can't find it.

"The less you respond to negative people, the more peaceful your life will become."

RinaRina · ‎03-13-2010

@Foxxee wrote:
I'm not a lawyer, but it appears to me unless you have something in writing from the shelter, it's your word against theirs.

Still, they shouldn't be adopting out sick dogs. That might be your edge if you still have your vet receipts. Take them with you.

Good Luck!

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That was my closing argument in my complaint. Why would they be shipping out sick dogs?

Unethical and Bad business!

"The less you respond to negative people, the more peaceful your life will become."

50Mickey · ‎05-21-2010

I feel like there is more to this story than $900 in vet.bills and meds. The OP has another post about this and on 11-30 she stated that the day she adopted the dog he was "deathly sick." She got into an argument at the shelter about the meds. but took the dog anyway. Why the shelter let her take the dog after after an unpleasant argument is my question. And once the dog recovered "all hell broke loose." On 12-3 she posted that her life had become a nightmare with this dog trying to kill her birds and knocking her down and that she was in pain and unable to walk. I believe this is a huge case of buyer's remorse.

Surrendering this dog back to the shelter or to another shelter would be the best for all concerned. Rina Rina you need to own up to making a mistake in taking this dog. I don't buy that the shelter didn't give you a contract or an agreement statement. If you can't find it call the shelter and ask for a copy. And most importantly do not lose your temper. Do yourself a favor and don't adopt another dog.

RinaRina · ‎03-13-2010

@50Mickey wrote:

Rina Rina you need to own up to making a mistake in taking this dog. I don't buy that the shelter didn't give you a contract or an agreement statement. If you can't find it call the shelter and ask for a copy. And most importantly do not lose your temper. Do yourself a favor and don't adopt another dog.

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You're a little off-topic about my dog trying to kill my birds.

However, I appreciate your negative feedback as well as the negative feedback from others because it helps me strengthen my case.

Nevertheless, I am staying ON TOPIC and will not have a discourse regarding anything else. I appreciate your concern about my birds, and thanks to another QVC member here, as I posted on that thread (and you failed to acknowledge) the bird issue was resolved a while ago .

Anyway, back ON-TOPIC ...
#1 - The girl ("counselor") told me if I adopted the dog they'd give me Clavamox for a URI which at that time she referred to as " 'only' a URI which is commonly found in shelters".

#2 - AFTER I adopted the dog, the VET told her to tell me the dog was fine.

How do I continue to dispute that without causing further hostility?

The VET says the dog is "fine", so, instead of continuing to argue, I leave ... knowing they are lying.

I'll ask the Judge that too.

I was at the shelter for over 2.5 hours. How can a dog appear to be at death's door with "just a URI" and like MAGIC be instantly "well" within 2 hours of being adopted?

Is it me? Maybe I'm magic!

ROFLMAO!

Thanks again for your negative feedback.

It's preparing for the hearing ... exactly what I was looking for.

Wishing you a Happy New Year.

"The less you respond to negative people, the more peaceful your life will become."

elated · ‎06-09-2010

@RinaRina wrote:
@elated wrote:
I have been to Small Claims Court and you need to show proof of your claim. I would call it negligence..I would not get emotional ; just state your case. Bring your vet bills and any contract you may have signed.

Don't use the term Bait and Switch because that is not what happened. Bait and switch is a sales tactic to get you in the store and then sell.you a higher priced item.

The only negative is that you took the dog knowing it was sick. They promised meds but reneged. It will be a he said/she said scenario.. Remain calm..If you come off as being unreasonable, it will not go well. Just state your case. I can't emphasize this enough. I wish you well.
====================================
@elated
All hearings where I live are paperless and virtual. (online)
When I filed the complaint, I knew I needed to stick to the facts ONLY, so, I only attached my veterinary receipts.
I left the shelter at 6PM, returned to the shelter with the sick dog @ 8:45PM and then went to my Vet @ 10:30 AM the next morning. So the dog was seen immediately.

Altho' I wrote a review online the day after the adoption about the Vet reneging on the meds, I did NOT include a copy of the review because I didn't think the Judge would have time to read it.
The hearing is next week, so I still have a few days to go to the courthouse and include the review. Should I? or just skip it?

No, your review has no reference to the case. Why did you bring the dog back later that day instead of taking the dog to the vet? Your case is very questionable at best!! You know because dogs can't talk doesn't mean he should have been treated so inhumane. If you just want your money back, I doubt that will happen. Poor judgement is not a solid case. I am glad the dog is well. It will be interesting what the judge says.Be prepared.

50Mickey · ‎05-21-2010

@elated She said the Vet said the dog was fine just an URI and needed a 10 day supply of antibotics. Then they didn't give her the pills. She has written in 2 posts that the dog looked "deathly sick." and "on death's door." But she took the dog anyway. If this is known to the judge at small claims court if will not help her case.

I do not understand why someone would adopt a pet who appeared to be on death's door. But that's just me.

RinaRina · ‎03-13-2010

@elated,

@elated

Re: "No, your review has no reference to the case. Why did you bring the dog back later that day instead of taking the dog to the vet? "

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Re: "review" - Okay. I did think including the review would've been too much, eventho' the review was on point ... It was a "conditional" adoption; I take the dog, they give me the Clavamox - those were the conditions.

Re: Your 2nd question...

It wasn't "day" time. I left the shelter around 6PM.

After the dog & I got settled (in the house), gradually, her condition worsened.

(I won't go into the details here, but it was bad.)

I've had dogs for many years, but I'd never seen anything this bad.

I got scared and went back to the shelter.

I got to the shelter around 8:30 PM. So, the dog and I had only been home a little over 2 hours.

The guy at the front desk told me they were closed and there were no Vets there.

Many years ago, they used to be a 24-hour operation and Vets were there at nite.

Not so anymore.

I appreciate your feedback.

You've really helped me.

"The less you respond to negative people, the more peaceful your life will become."

Marp · ‎03-09-2010

@50Mickey, I did not have any kind of contract when I adopted my current dog.

The eyes through which you see others may be the same as how they see you.

50Mickey · ‎05-21-2010

@Marp wrote:
@50Mickey, I did not have any kind of contract when I adopted my current dog.

Maybe contract isn't the right term. Did they let you take the dog out of the shelter with no written agreement what so ever. Did you not have to agree to have a fenced yard, or to obtain proper medical care for the dog such as vaccinations and to surrender the dog back to the rescue shelter from which you adopted the dog if he needed o be re-homed? If not this seems like a pretty lax rescue shelter.

I first adopted a kitten in 1984 from the Humane Society. I signed all sorts of paper work agreeing to their terms before I was allowed to take the kitten. Since then I have adopted other kittens and always had paper work listing their responsibilities and mine. With the last 2 kittens that I adopted the paper work even inquired about our income, did we own our home and would we agree to keep the cats strictly indoors. So maybe it is not a legally binding contract but a decent rescue shelter wants to make sure that whoever adopts the animal agrees to properly care for it so it does not end up back on the street.