Wyndhamian Retrievers

Initial Business Response / [redacted] (1000, 6, 2015/11/19) */ Attention: Taylor Keate, Mediation Coordinator Background Information My name is Edward [redacted] As a hobby I hunt and have raised occasional litters of flat-coated retrievers since (now in my 63rd Year)The purpose of the hobby is to provide the highest quality hunting retrievers for myself and some other serious huntersI maintain a page on a site called "GundogBreeders.com" to let hunters know my hobby is still active; breeding a limited number of litters, nurturing these in my home and developing (socializing) these puppies to huntI sometimes use additional "classified" pages on this same site primarily for information to those that have reservations for puppies prior to conception, when litters are planned, matings have occurred, when litters are expected, when puppies reserved have been born and when puppies will need to be collected from my home at weeks oldSome like MsBlaire take these postings as a solicitation to sell puppies and right after a posting on March she sent me an email via the sites direct contact applicationI responded by telephone on that date explaining in detail to Ms [redacted] my long standing policies during a hour and minute conversation and a call from her that same date for an additional minutes The text of my postings and my telephone discussions carefully articulated that my breeding effort was aimed to produce high performance hunting dogsThat all puppies were reserved prior to matings and not sold "Off the shelf"Reservations were accepted as the listing stated from approved homes with a none refundable deposit/down payment for 50% of the purchase price, which constituted ernest money and a commitment to wait for not any pup but a suitable puppy to meet the buyers lifestyle along with their personal preferences and needsI carefully explained that the waiting list was strictly based on suitable puppy not numerical orderI also stated to her at least times that the average wait time for a puppy from me was over a year and some times it took longer When Ms [redacted] called back on 16, March 2014, stating she wished to reserve I puppy the call lasted hour and minutes and I several times reiterated that the deposit was based on a suitable puppy and was none refundableWe discussed her specific needs which were different from most that had already reserved pups so that with two litters due in May there was a chance a pup might suit and be available to herWe also discussed and she said she understood that I had no control over numbers of pups produced, puppy color (black or brown), gender or the individual puppy personalitiesShe claimed to understand all and said she and her then, husband to be, agreed to send the deposit and wait because my dogs had proven good health, soundness and longevity On 21, March 2014, Ms***'s check was delivered in the US mail and I called her as a courtesy to inform her that the deposit was in hand and that she was on the waiting listAlso, affirming I would do my best to supply a suitable pup as soon as nature allowedThe call duration wasminutes Essential Facts: Ms [redacted] sent a contact email from the classified litter announcement page On the "GundogBreeders" site on 14, March When I called Ms [redacted] on 14, March in response to her email inquiry the text of the deposit requirements were discussed several timesThe actual listing Statement on this subject has been copied and pasted to this letter It is the norm in this breeding program for all puppies to be reserved well before matings occurThose sportsmen wishing the very best breeding and rearing for a flat coated retriever bred from work proven ancestries are advised to contact Ed [redacted] by email or phone as soon as possiblePuppies from this breeding effort may be reserved by approved and suitable buyers with a 50% deposit/down payment which is not refundableWhen the buyer is notified that a suitable puppy for the buyers wishes and life style is available the balance of the purchase price plus the cost of a veterinary health certificate (required for any puppy acquired from this kennel) will be due This particular classified listing was I believe posted either the 12th or 13th of March and Ms [redacted] was told she was the first contact I had had except from those with reservations, regarding the postingHer claim that she was first to order a pup from the two litters is definitely not correct Ms [redacted] specifically wished a black colored, male puppy that was not an"Alpha" personality and would be suitable for her to take to work with her at veterinary clinics The two litters together born in May of contained only male pups; one in the first litter and in the second litterI had one person on the list a long time before Ms [redacted] requiring a quiet black male and they received the pup from litter #1, the males from litter #were all large very high performance pups that would never have suited Ms***'s needs and ability to cope withThree went to hard core hunting homes And I retained one to work hard for me On 29, May I called and informed Ms [redacted] that all I had that might suit her needs was a female and she choose to wait for a future litter I was in touch with Ms [redacted] again by phone on August for hour and Minutes to tell about a fall breeding plan, again on September (twice) about a Veterinary issue (Vet who did surgical semen implants was away at crucial Time) and breeding fall breeding using frozen semen from a dog in Europe had to be put back months - Calls were hour and minutes and hour and minute Called Ms [redacted] to discuss breeding plans on November 1hour minutes Called Ms [redacted] 26, March to inform her that the female had been artificially bred Left message and she called back hour minutes Called to Ms [redacted] on June to inform the female had a pseudo Pregnancy so no puppies resultingminutes Called Ms [redacted] early September, to discuss plans for natural breeding plans for two females called from my cell phone so no time available After one female had been mated naturally I called Ms [redacted] times leaving one message (October 2015, once on 5, October leaving no message, and twice On 6, October leaving one messageAlso on October I called a number she had given me for her husband and left a message On October late in the evening she replied by email saying she would call in a couple of days On October I received a second email demanding a refund of what she acknowledged was a none refundable deposit and claiming she had been dropped to 10th or 11th on a listBe informed I do not have a numerical list and at no time have I ever had or reservations for a male puppy Ms [redacted] also stated she no longer wishes a puppy from my breeding efforts My policy is very straight forward; deposits tendered are none refundable and a commitment to wait for a suitable puppyLikewise I am committed to do my best to provide such puppy as soon as nature allowsWhen one tenders a none refundable deposit they are aware that if they choose to back out of the purchase agreement that the deposit is forfeitedAs of this time Ms[redacted] has informed me directly and in another communication that she does not wish a puppy and as such her name has been permanently removed from my waiting listThere will be no refund for her deciding she no longer wished a puppy only after being informed that a female has been bredThis persons breached her agreement, her invoking a legal involvement, her complaint to the Revdex.com ( first and only complaint in years) and her complaint to the North Dakota Attorney General's Office of Consumer Affairs (again first and only complaint) have forced me to spend a great deal of time going through hours of telephone conversations, reading and rereading a great number of emails, having to notify her that there would be no additional personal contacts between us due to her actions, only to have her then email back asking if this means she can't ever have a puppy, is to say the least unpleasant, disruptive, and outrageous Thank you for your consideration of my factual reply Sincerely Edward [redacted] Initial Consumer Rebuttal / [redacted] (3000, 9, 2015/11/19) */ (The consumer indicated he/she DID NOT accept the response from the business.) There are several inaccuracies in what he saidHe did not say it could be well over a year or that my request for a pet was unusualI also did not tell him I take the dog to workIf he had been up front in the beginning saying he gives preference to hunters, I would not have put down a depositI also don't understand how he can say anything is null and void by me contacting you or the attorney generalI never received anything to that effect from himAs far as the phone call where allnhe heard was breathing, I assumed he was having phone issues because I kept saying hello and never heard anythingHe misled me from the beginningAs far as the length of our conversations, he is correctThey were terrbly longI dreaded calling him because he would talk nonstop about his health problems and problems he had with other potential buyers as well as how much he knew about dogsThat's why I preferred to email to ask for updatesI knew the conversation would be at least an hour, but another part of me felt sorry for him and figured he was a lonely old man living out in the country aloneBeyond that, if you think about it, if he had told me it could take this long and that I was a special circumstance, why would I have put down a deposit? Especially when the puppy was a wedding gift to my husband that summerWhat Mr [redacted] did say was that we were 4th or 5th the in the list and he didn't see any reason why we wouldn't get oneThat was almost years ago

Initial Business Response /* (1000, 6, 2015/11/19) */
Attention: Taylor Keate,
Mediation Coordinator
Background Information
My name is Edward [redacted]. As a hobby I hunt and have raised occasional litters of
flat-coated retrievers since 1953 (now in my 63rd Year). The...

purpose of the hobby is
to provide the highest quality hunting retrievers for myself and some other serious
hunters. I maintain a page on a site called "GundogBreeders.com" to let hunters know
my hobby is still active; breeding a limited number of litters, nurturing these in my home
and developing (socializing) these puppies to hunt. I sometimes use additional "classified"
pages on this same site primarily for information to those that have reservations for puppies
prior to conception, when litters are planned, matings have occurred, when litters are
expected, when puppies reserved have been born and when puppies will need to be collected from my home at 8 weeks old. Some like Ms. Blaire take these postings as a solicitation to
sell puppies and right after a posting on 14 March 2014 she sent me an email via the sites
direct contact application. I responded by telephone on that date explaining in detail to Ms.
[redacted] my long standing policies during a 1 hour and 16 minute conversation and a call from
her that same date for an additional 13.5 minutes.
The text of my postings and my telephone discussions carefully articulated that my breeding effort was aimed to produce high performance hunting dogs. That all puppies were reserved
prior to matings and not sold "Off the shelf". Reservations were accepted as the listing stated from approved homes with a none refundable deposit/down payment for 50% of the purchase price, which constituted ernest money and a commitment to wait for not any pup but a suitable puppy to meet the buyers lifestyle along with their personal preferences and needs. I carefully explained that the waiting list was strictly based on suitable puppy not numerical order. I also stated to her at least 3 times that the average wait time for a puppy from me was over a year
and some times it took longer.
When Ms. [redacted] called back on 16, March 2014, stating she wished to reserve I puppy the
call lasted 1 hour and 26 minutes and I several times reiterated that the deposit was based
on a suitable puppy and was none refundable. We discussed her specific needs which were different from most that had already reserved pups so that with two litters due in May there
was a chance a pup might suit and be available to her. We also discussed and she said she understood that I had no control over numbers of pups produced, puppy color (black or
brown), gender or the individual puppy personalities. She claimed to understand all and said
she and her then, husband to be, agreed to send the deposit and wait because my dogs had
proven good health, soundness and longevity.
On 21, March 2014, Ms. [redacted]'s check was delivered in the US mail and I called her as a
courtesy to inform her that the deposit was in hand and that she was on the waiting list. Also, affirming I would do my best to supply a suitable pup as soon as nature allowed. The call
duration was13 minutes.
Essential Facts:
1. Ms. [redacted] sent a contact email from the classified litter announcement page
On the "GundogBreeders" site on 14, March 2014.
2. When I called Ms. [redacted] on 14, March 2014 in response to her email inquiry
the text of the deposit requirements were discussed several times. The actual listing
Statement on this subject has been copied and pasted to this letter
It is the norm in this breeding program for all puppies to be reserved well before matings occur. Those sportsmen wishing the very best breeding and rearing for a flat coated retriever bred from work proven ancestries are advised to contact Ed [redacted] by email or phone as soon as possible. Puppies from this breeding effort may be reserved by approved and suitable buyers with a 50% deposit/down payment which is not refundable. When the buyer is notified that a suitable puppy for the buyers wishes and life style is available the balance of the purchase price plus the cost of a veterinary health
certificate (required for any puppy acquired from this kennel) will be due.
3. This particular classified listing was I believe posted either the 12th or 13th of
March 2014 and Ms. [redacted] was told she was the first contact I had had except from
those with reservations, regarding the posting. Her claim that she was first to order
a pup from the two litters is definitely not correct.
4. Ms [redacted] specifically wished a black colored, male puppy that was not an"Alpha" personality and would be suitable for her to take to work with her at veterinary clinics.
5. The two litters together born in May of 2014 contained only 5 male pups; one in
the first litter and 4 in the second litter. I had one person on the list a long time before Ms. [redacted] requiring a quiet black male and they received the pup from litter #1, the 4 males
from litter #2 were all large very high performance pups that would never have suited
Ms. [redacted]'s needs and ability to cope with. Three went to hard core hunting homes
And I retained one to work hard for me.
6. On 29, May 2014 I called and informed Ms. [redacted] that all I had that might suit her needs was a female and she choose to wait for a future litter.
7. I was in touch with Ms [redacted] again by phone on 3 August for 1 hour and 17
Minutes to tell about a fall breeding plan, again on 7 September (twice) about a
Veterinary issue (Vet who did surgical semen implants was away at crucial
Time) and breeding fall breeding using frozen semen from a dog in Europe had to be put back 6 months - Calls were 1 hour and 11 minutes and 1 hour and 1 minute.
8. Called Ms. [redacted] to discuss breeding plans on 16 November 2014 1hour
3.5 minutes
9. Called Ms. [redacted] 26, March 2015 to inform her that the female had been artificially bred Left message and she called back 1 hour 23 minutes
10. Called to Ms. [redacted] on 27 June 2015 to inform the female had a pseudo
Pregnancy so no puppies resulting. 31 minutes
11. Called Ms. [redacted] early September, 2015 to discuss plans for natural breeding
plans for two females called from my cell phone so no time available
12. After one female had been mated naturally I called Ms [redacted] 2 times leaving one message (3 October 2015, once on 5, October 2015 leaving no message, and twice
On 6, October leaving one message. Also on 6 October 2015 I called a number she had given me for her husband and left a message.
13. On 6 October late in the evening she replied by email saying she would call in a couple of days.
14. On 9 October I received a second email demanding a refund of what she acknowledged was a none refundable deposit and claiming she had been dropped to 10th or 11th on a list. Be informed I do not have a numerical list and at no time have I ever had 10 or 11 reservations for a male puppy
15. Ms. [redacted] also stated she no longer wishes a puppy from my breeding efforts.
My policy is very straight forward; deposits tendered are none refundable and a commitment to wait for a suitable puppy. Likewise I am committed to do my best to provide such puppy as soon as nature allows. When one tenders a none refundable deposit they are aware that if they choose to back out of the purchase agreement that the deposit is forfeited. As of this time Ms.[redacted] has informed me directly and in another communication that she does not wish a puppy and as such her name has been permanently removed from my waiting list. There will be no refund for her deciding she no longer wished a puppy only after being informed that a female has been bred. This persons breached her agreement, her invoking a legal involvement, her complaint to the Revdex.com ( first and only complaint in 63 years) and her complaint to the North Dakota Attorney General's Office of Consumer Affairs (again first and only complaint) have forced me to spend a great deal of time going through 14 hours of telephone conversations, reading and rereading a great number of emails, having to notify her that there would be no additional personal contacts between us due to her actions, only to have her then email back asking if this means she can't ever have a puppy, is
to say the least unpleasant, disruptive, and outrageous.
Thank you for your consideration of my factual reply.
Sincerely
Edward [redacted]
Initial Consumer Rebuttal /* (3000, 9, 2015/11/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
There are several inaccuracies in what he said. He did not say it could be well over a year or that my request for a pet was unusual. I also did not tell him I take the dog to work. If he had been up front in the beginning saying he gives preference to hunters, I would not have put down a deposit. I also don't understand how he can say anything is null and void by me contacting you or the attorney general. I never received anything to that effect from him. As far as the phone call where allnhe heard was breathing, I assumed he was having phone issues because I kept saying hello and never heard anything. He misled me from the beginning. As far as the length of our conversations, he is correct. They were terrbly long. I dreaded calling him because he would talk nonstop about his health problems and problems he had with other potential buyers as well as how much he knew about dogs. That's why I preferred to email to ask for updates. I knew the conversation would be at least an hour, but another part of me felt sorry for him and figured he was a lonely old man living out in the country alone. Beyond that, if you think about it, if he had told me it could take this long and that I was a special circumstance, why would I have put down a deposit? Especially when the puppy was a wedding gift to my husband that summer. What Mr. [redacted] did say was that we were 4th or 5th the in the list and he didn't see any reason why we wouldn't get one. That was almost 2 years ago.