On October 1 I received a kitten agreement for a Male Tonkinese Champayne Mink, born on 7/10 with the Sire: CH Pendragon Ares Quest and Dam: Sedona AZ Faith of Pendragon, DM. I signed and mailed this document with a check for $200 for the deposit of this kitten. Mrs. Holmes emailed me on October 14 stating she received the agreement and the $200 check but the cat was not available. She did state she had another one for me but did not send a new agreement for that kitten.
Due to my financial dilemma I had sent Mrs. Holmes an email stating that I could not afford the kitten and I needed to get my $200 deposit back. After three emails she finally responded back to me stating that deposits were not refundable. She said the reason that deposits were no refundable were because "once you pay a deposit on a kitten, I no longer show him or tell any prospective buyers that he is available" but she gave the kitten I put the deposit on to someone else. I thought we had a good business relationship due to the fact that I purchased a cat from her prior but got no response. Looking back at the agreement that I signed, I realized the agreement was for the kitten she gave to someone else. This then made the agreement null and void, so I was determined to get my money back.
On November 17 I sent a demand letter to her via Certified Mail with Return Receipt, this letter stated that I wanted my $200 refunded back to me, and I gave her 10 days to do so, or I was to take legal actions. On the November 27 (the 10th day) I did not recieve anything from Mrs. Holmes. I looked up delivery on USPS.com to track the letter and it was attempted to be delivered on November 18 but no one was home. A note was left for Mrs. Holmes to pick it up at her local post office but she had not done so.
As a courtesy to her I emailed her again telling her about the demand letter and gave her 48 hours to respond to me or I would take this matter to the courts. Mrs. Holmes failed to respond to my last attempt to resolve this matter amicably so I will be filling with Contra Costa Smalls Claims Court on December 1.
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