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  • Report:  #629335

Complaint Review: Gabelle Kennels - Carol Sutton

Gabelle Kennels - Carol Sutton dog breeder cashed deposit check after puppy died Akron, New York

  • Reported By:
    carolyn — scranton Pennsylvania United States of America
  • Submitted:
    Thu, August 05, 2010
  • Updated:
    Wed, August 18, 2010
  • Gabelle Kennels - Carol Sutton
    12424 Nice Road
    Akron, New York
    United States of America
  • Phone:
    716-553-3227
  • Category:

In mid January 2010 my husband inquired about a purchase of a female Westie puppy and talked to Carol Sutton owner of Gabelle Kennels. She indicated that there were two litters due on or about February 17th and February 21st of 2010, as displayed on her wesite. Futhermore, she indicated that although two female puppies were already promised to other homes, if a third female was born into the litter, said puppy would be available for us to purchase. We forwarded a check for the deposit amount of $220.00,which represented one-third of the total purchase price of $650.00. After not hearing from Carol Sutton for several days we called, and at that time she advised us that the first litter was all males and that our deposit would be moved to the next litter.On or about February 24,2010 we contacted Carol again and a third female was born on the same day.Our deposit of $220.00 was cashed on March 1,2010 approximately four days before Carol Sutton left for Disney with a return of March 14,2010. We left several messages and our calls were never returned. Finally, on March 22, 2010 my husband called again and Carol finally answered her cell phone. She indicated at that time that our puppy died on Febraury 25,2010, the day after the birth. We were shocked by this news especially since our bank account indicateded that Carol Sutton cashed our check one week after our puppies death. Upon receiving this news we request that she send our full deposit back of $220.00. She said she would send it within the month (March), it never came. Then Carol Suttun said she would send it by the end of April. It never came. We are still waiting for our deposit.


If you look on her webite Gabellekennels@aol.com under Avaiable Puppies and Upcoming Litters it states "if something should happen to the puppy the deposit will be refunded". Carol Sutton is a dishonest woman. She has not contacted us in reguards of our deposit. She even told us at the time of sending the deposit to her to make the check out to Carol Sutton because she didn't have an account for Gabelle Kennels. She only has a cell phone that she never answers. The voice mail says "Sorry I can't come to the phone". No metion of Gabelle Kennels or the day care that she runs out of her home. Perhaps the IRS would like to look into her business practices. On February 24,2010 our puppy was born. February 25,2010 our puppy dies. March 1, 2010 Carol Sutton cashes our deposit. March 22, 2010 Carol Sutton finally answered her cell phone tells my husband she couldn't call us because her cell phone got wet in Disney and didin't work, plus the WI FI in her room at the resort didin't work either to even email us . With todays technology, and pehaps, someone in her huge family trip to Dsiney no one had a cell phone? Twenty six days later we are told that our puppy had died. Our two little girls thinking that whole time that they will have a puppy soon.We will continue to advise every legal institution, every advocacy, every potential consumer not to deal with Carol Sutton owner Gabelle Kennels. She should be ashamed of herself.We want our $220.00 deposit back. We do believe every dog has it's day.  

5 Updates & Rebuttals


W.

Washington,
District of Columbia,
U.S.A.

Non-refundable deposit is not what you think

#6Consumer Suggestion

Wed, August 18, 2010

The purpose for a non-refundable deposit is for protecting both parties (but primarily the seller) from the the other person VOLUNTARILY backing out of the deal. It does NOT deal with someone BREACHING (failing to fulfill their end of) a contact, which is what happened when you agreed to deliver said puppy for X amount of money and then kept the money after the puppy died because you said it was "non-refundable". I highly doubt you told them the puppy might not live, and I'm positive you didn't say it before they handed you any money at the very least. Its too bad people will sully their name for such a small amount of money, any amount really, but to get your name on the internet FOREVER for $220 and a puppy? That's just sad. You should count your stars that she didn't report your business to OSHA, the County Clerk, etc. just to make your life difficult.


carolyn gallagher

scranton,
New York,
United States of America

carol sutton owner gabelle kennels cashes deposit after puppy dies

#6Author of original report

Tue, August 17, 2010

Even after Carol Sutton finally sends our rightfully so deposit after FIVE months she is still holding on and continuing to lie. We couldn't cash her check until after 2:00pm because of insufficient funds per the bank teller. She didn't have enough to cover the check. We had to wait until the checks that she deposited had cleared. (We have proof from the bank) Carol you are not a very bright women. We will send every email you have sent us to show what kind of person you really are. We also take comfort in knowing that thousands of consumers will see this complaint and perhaps it will enable them to avoid a similiar misfortune. You sent OUR deposit "to shut us up". You need to shut up! Keep digging a deeper hole for yourself. I will send out your email at how you said "you were sorry for all the problems you caused! Move on already.


Carol

Akron,
New York,
United States of America

NON-REFUNDABLE DEPOSIT RETURNED

#6REBUTTAL Owner of company

Mon, August 16, 2010

I am Carol Sutton the only part of the Gallaghers story that is true is that they sent me a non-refundable deposit on an unborn litter and when their puppy was born I called and told them that I did have a puppy but small was really small and I didn't know if she would make it. 

I had another litter due in a few weeks if something should happen to the first puppy Jeff stated that he did understand but he didn't care which litter but he was hoping that the first girl would make it to get a puppy sooner than later.

The check was cashed after the puppy was born and the puppy for them did die about 10 days later. I was out of town for my 30th wedding anniversary and I had my 25 year old son home with the dogs and the puppies. I did notify the Gallaghers about the puppy when I returned home and Jeff stated he was disappointed but wanted to be first for a female in the next litter.

I called them 3/22/10 and told them I took Whitney to the vet and she had an X-ray showing 5 puppies and everything was good, I then talked to them on 3/25/10 and told them if Whitney did not have her puppies by the next day I was taking her to the vet again to see if a C-section was warranted, Jeff ask me if I could guarantee the puppies would be born the next day I told him no one can guarantee anything like that unless a C-section was done.

I did take Whitney to the vet the next day and my vet said everything was looking good and a C-section was not needed to wait it out so I waited the next day Whitney did have 5 puppies 3 girls and 2 boys, I told the Gallaghers about the birth and they decided they did not want a puppy. They were told the deposit was a non-refundable deposit.

To shut them up I did send them back their non-refundable deposit.

The following is an email form the Gallaghers themselves.

From: JEFF GALLAGHER Subject: Re: Fw: Re: updated today on rip offf report
Date: Monday, August 16, 2010, 4:21 PM

I notified all the legal and advocacy groups like I said I would after your check cleared. I contacted  my contact, Maureen Hermann from the Better Business Bureau with the current information the case is now closed. I also contactedthe Federal Trade Commission, the case is now closed. I emailed Consumer Affairs, the Complaint Board, the Rip Off Report, and puppy find websites and notified each of them that you sent our deposit in full.


carolyn gallagher

scranton,
New York,
United States of America

Carol Sutton owner Gabelle Kennels sends deposit five months later

#6Author of original report

Mon, August 16, 2010

                                           Update.

                              Monday, August 16, 2010

          We received our deposit in full of $220.00 from Carol Sutton. 


carolyn gallagher

scranton,
New York,
United States of America

Gabelle Kennels- Carol Sutton dog breeder cashed deposit after puppy dies

#6Author of original report

Mon, August 09, 2010

 On Friday, August 6,2010 it was comfirmed by the state of New York that Carol Sutton owner of Gabelle Kennels indeed has a HOME PHONE that she uses to advertise and use for contact for her day care that she runs out of her home. She has had this HOME PHONE for many years. She advised us that she only has a cell phone to contact her when we inquired about purchasing a female Westie from her in mid January 2010, which is also posted on her website. Our puppy was born on February 24,2010. Our puppy died on February 25,2010. Carol Sutton owner Gabelle Kennels cashed our deposit check on March 1,2010. Carol Sutton then leaves for Disney on or about March 5,2010 with a return date of March 17,2010. She finally answers her CELL PHONE on March 22,2010 and at that time advises us that our puppy died on February 25,2010. ONE WEEK BEFORE she cashes our deposit. She had a HOME PHONE all that time and never even attempted to call us regarding the lose of our puppy. Her excuse for not calling us for ONE MONTH was because her''CELL PHONE got wet in Disney and the Wi Fi didn't work in her room at the resort to even email us." She has sent several emails to us on August 5,2010, after finding out that we have filed several complaints about her ,and that she would send our deposit if we clear her name, and then says AFTER we clear her name she will send the deposit to us. (We have every email saved) We will continue to do what is right. We will advise everyone we can. We want our deposit returned in full. How could someone take a deposit AFTER the death of a puppy cash it, and spend it, and not even notify the family for one month? How can a women who is a mother, grandmother, and runs a daycare do something like this to two little girls? Carol Suttton had a home phone to contact us the whole time and never did!

                    You are a very dishonest woman Carol Sutton.  

 

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