Austin is coming home (picture added) - Page 3

[mesa]

Now I need to draft some kind of form to fax to her for her to sign. See, Continental won't let me pay for the ticket in advance; they won't know a final amount until they weigh him at the airport. So I'm going to have to transfer the money into her bank account tomorrow so she can pay the ticket on Sunday.

I don't think she'd take my money then not send the dog. But I have to say I've lost just a teensy bit of my faith in humanity...and both my dad and I will rest easier tonight knowing that I have a signed acknowledgement from her that I'm transferring this money for this purpose, and she agrees to send the dog on Sunday.

Any suggestions? I could use some help writing it. I could also use some suggestions on how to bring it up without sounding like I think she's totally shady. I don't want to offend her just yet....she still has him, you know?

So, anyone want to brainstorm with me?

[mesa]

what if I put it in letter form, email it to her, and have her sign it and fax it back to me?

I was thinking something like this...I don't have all the dumb legalese, but do you think it matters?

December 19, 2008

To Whom it May Concern,

This letter is to certify that ****and **** have entered into agreement to ship the Rhodesian Ridgeback known as (Austin) by air cargo from ****'s residence at **** to ****'s residence at ****. The date of travel will be Sunday, December 21, 2008 at 2:51 pm, arriving in Minneapolis at 10:03 pm. (Confirmation number and airline)

A deposit in the amount of $465.00 has been made by **** in ****'s Bank of America checking account to pay for the shipment. I acknowledge that this amount has been deposited for this purpose, and agree to transfer the above named dog as stated.

Sincerely,



****

[mamallama]

I think a contract is a great idea. What you've written sounds fine--it's specific and concise. I don't think using "whereas" and "therein" would make it any more legally binding.

The way this story has unfolded, she ought to be bending over backwards to reassure you that she isn't trying to steal your dog or your money.

[daekini]

Your letter sounds fine but I'm butting in anyway, as usual! This does not need to be in letter format; it could read something like this:

Contract for shipment of one canine, a Rhodesian Ridgeback (specifically, known as Austin)

I, ____, have made a deposit in the amount of $465 into the account of ____ for the purpose of shipping Austin from ____'s residence (location:____) to my home (location:____).

I, ___ , and ____ have mutually agreed to ship Austin by air cargo on Sunday, December 21, 2008 at 2:51 p.m. from ____ to Minneapolis, (Flight number/airline), arriving in Minneapolis at 10:03 p.m.

____________Signature and date
your name (typed)

____________Signature and date
her name (typed)

My $0.02

Good luck and God speed!

[mesa]

thank you! daekini, I emailed it to her because I need it in hand before I make this deposit. Fingers crossed that she actually faxes it back. What if she refuses?

[Girl In The Fire]

I know every dog breed community is different... In Ridgebacks would the threat of going public with her ongoing deception and general shadiness be an incentive for her to get her butt in gear?

[daekini]

: ?

[mom0810]

No. She is a well known breeder and politically you would get annihilated. As long as she has the dog, she can say she got it back for whatever reasons... abuse, not taking care of it, you surrendered it... you should not say anything until you have the dog in your home. And then, I would be careful as you are dealing with someone who knows what they are doing, politically and as a dog person. It's a whole other world and these people don't operate in the realm of logic...or fairness... or truth, usually.

I think your contract sounds good. I really hope she faxes it back to you... but I am not thinking she will like it very much.

[mesa]

I changed his reservation to Tuesday night...we have a distressing weather system coming in today and tomorrow, and if his flight from Houston to Minneapolis gets cancelled, he'll have to spend the night in the kennels in Houston. An extra $100 I don't have, and besides, the thought of him spending the night with strangers in an airport gives me the willies.

She doesn't have Word, apparently, so she can't open the file I emailed to her...so I asked for her fax number. Still waiting on that. If she doesn't want to sign this paper, I'll simply send my mother to her house to get Austin and I'll give HER the money. Easy enough, my mom really doesn't want to do it, but she will if she has to. It's a 2 hour drive for her, plus the absolute headache and hassle of getting him on the plane...but hey, what's family for, right?

[mesa]

Originally Posted by mom0810

No. She is a well known breeder and politically you would get annihilated. As long as she has the dog, she can say she got it back for whatever reasons... abuse, not taking care of it, you surrendered it... you should not say anything until you have the dog in your home. And then, I would be careful as you are dealing with someone who knows what they are doing, politically and as a dog person. It's a whole other world and these people don't operate in the realm of logic...or fairness... or truth, usually.

I think your contract sounds good. I really hope she faxes it back to you... but I am not thinking she will like it very much.

I don't think it will come to that, but I have a file on my computer with every single email we've exchanged (and EVERYTHING'S been in writing) that proves that he wasn't abused, or neglected, only that they all fell through on their pie in the sky promises AND tried to steal my dog, to boot. I'm not saying she tried to steal my dog, but if she doesn't send him home like we agreed, I will contact everybody I can about this. I will publish on every show list, ridgeback forum, breeder's list, pet owner's list, send it to the ethics committees of RRCUS and ARRC, and I might even go to her local media with it. I have nothing to lose, frankly...I don't play the politics game, and they can say whatever they want, but there will be enough people out there who will listen and pay attention to what I say that it should give her pause.

[mom0810]

I would just hope that Austin is home by next weekend.

I know you have proof of everything that has gone on, but it won't matter. People will believe what they are told when it comes to a powerful or well known breeder, period. In politics, it's whatever they hear the most that they will believe.

But if you are not someone who wants to go on in the breed, then it won't matter, unless of course you don't get him back for some reason and then she blackballs you so you can't get another one from someone else. But we are all hoping, of course, that it never comes to that.

There used to be some airlines that would do COD's. Are there not anymore? I have shipped dogs for decades, and I really can't remember very well, but I seem to remember United doing that? Can you check with them? Then you don't have to worry about the money at all. Of course things may have changed... I haven't done COD's for a while but I do remember doing them.

Things should be fine. The only piece of advice I have for you is to tell her NOT to feed him the day of the flight.

[mesa]

What's next? Well, Austin's breeder took him for his health certificate last night. He didn't pass.

He didn't pass.

HE DIDN'T PASS.

He has an extra heartbeat. Significant enough that the vet said she didn't think it would be a good idea for him to fly until we know more. Significant enough that today he's going to see a cardiologist.

Merry Christmas to us.

[Girl In The Fire]

Have you spoken to the vet to make sure this is in fact true?

[Breathless Wonder]

That totally sucks, one way or another!

Perhaps I missed it somewhere, but what exactly was your arrangement with the breeder as far as ownership?

[daekini]

Oh. My. Dog. I canNOT believe this. We need to set up a train to get him to you. Poop. This totally sucks. At least now maybe she won't be so motivated to keep him for breeding purposes? (try to look on the bright side)

[jlutgendorf]

I agree, call the vet to speak with them yourself. (if you haven't already)

~Julia

[mom0810]

CALL THE VET. Today. She is lying, I think. She wants to keep this dog. I would ask for a written statement from her vet, detailing what the problem is. I guarantee she is planning on keeping him herself. I have NEVER heard of a dog not passing the health certificate exam... pretty much they just check for fever, look at the mucous membranes.. things like that. Nothing like checking for an "extra heartbeat". Dogs with heart murmurs can fly... I have never heard of anything so absurd as this.

Call her bluff. Tell her that's fine, you will just get in your car and drive to get him. See what she says then. Or tell her your mom is coming to get her. Get him OUT of that house asap.

[mom0810]

Ask her what cardiologist, too. And tell her you need written statements from them for your records, as well.

I really think she is full of it. It's all playing out so much like things that have happened to me or my dog friends. Dogs get mysterious ailments like this all the time that miraculously get healed when it's time to breed them.

[KayleeZoo]

Sorry, but I agree w/the PP who say she's lying. Surely he's been examined and had his heart auscultated by a vet before- probably within the past year? If he has no history of a murmur or extra beat, then it's pretty much bullsh$t that he's got an arrhythmia now.

If his heart is definately wonky, they won't issue a HC, that's absolutely true. But something should have come up before now. You can call the vet, but unless she's authorized them to speak w/you, they won't unless there's proof in his chart of co-ownership.

I'd call her bluff. Tell her that someone will be there this weekend to pick him up by car.

Mesa, I'm so so sorry this is happening to you guys

[mesa]

he's already passed his OFA Cardiac...over a year ago. The cardiologist then said that she thought she "might have heard something"...but they were at a National and it was kind of noisy...she almost referred for an EKG, but decided to pass him.

I emailed her and asked for all of his records up to this point. No response yet.