Complaint Review: New York Kennel Club

WAYNE DETECTIVE HAS LOCATED SANDRA SHULTZ GROSSMAN. MASTER CARD HAS DEEMED TH MATTER FRAUD, IS TO INVESTIGATE, AND CONTACT PROSECUTOR!

On January 10, 1997 we bought a Bichon Frise puppy (Zo) from the United States Kennel Club, Inc. t/a New York Kennel Club (New York Kennel Club) in Wayne, New Jersey for $850. In April 1998 the puppy developed congenital/hereditary cataract blindness and for that had eye surgery in May for $1,543.57. On August 21, 1998 I wrote asking the New York Kennel Club that instead of our right to a replacement puppy for life, they reimburse us the cost of a replacement puppy toward our cost of the surgery. On August 28, 1998 they (Stacey Caine) wrote back saying they were sorry, but per paragraph 3 of the contract, we were only entitled to replacement puppy, of equal value, at any time in the future (the "Replacement Puppy Letter Agreement"). On July 9, 2006 Zo was put to sleep after 4 bladder stone operations, a lifetime of diabetes and many stays at several veterinary hospitals.

In late July 2006 we called and drove 40 minutes to the New York Kennel Club to arrange for a replacement Bichon Frise puppy, delivering all the documentation they requested including their written agreement to provide the replacement puppy. The same owners (Sandra Shultz Grossman and Stacy Caine) remembered us and Zo, and confirmed our right to a free replacement puppy of equal value. Thereafter for weeks they stopped answering and never returned our calls, or when they answered told us they had no Bichons, or that those they had were sick or sold. Finally my wife not believing all this drove there again to find that they did have a Bichon puppy, and insisted that they hold her for us so I could see her that weekend. We drove there again that weekend and they agreed we could have her. So on August 2nd my wife went to pick up the replacement puppy, and was charged $1,003.50 to our Master Card for the puppy and some supplies. She called me on the way home and said Sandra refused to give her the puppy unless she paid that amount, would not give her a sales contract (for Sandra said replacement puppies dont get one), and would not give her a bill of sale.

I immediately called Sandra at the New York Kennel Club and asked her what the $1003.50 was for. She said they had changed their mind about the replacement puppy. She said they should never have agreed to it, that it was 9 years ago and they didnt have to honor the agreement, and that some law in New Jersey had since changed puppy purchasers rights. I told her of course they had to honor the agreement, and that nothing about the passage of time or new puppy buyers rights altered their continuing obligation to provide us with a replacement puppy of equal value. She said she didnt care because shes going out of business. But she said if that was the case, we could consider the dog worth $1,600 (Bichon puppies generally run $300 to $900), so in that case I charged you $750 for the puppy after your $850 credit. I was furious. I asked her to send me invoices for her last five Bichon puppy sales to show their value, and she refused. I told her in that case Im paying her nothing for the replacement puppy (for which she probably charged us more than $850 of the $1,003.50) for which she would not provide us an itemized bill. She demanded I return the replacement puppy, and I said absolutely not, for we were entitled to the replacement puppy and obviously would never see another one from them.

The next morning on August 3rd I called Master Card's Customer Service department and their Billing Dispute department telling them I would not pay $850 of the $1,003.50 bill, and asked that they remove the charge. They said they could not, but that I could dispute it. I subsequently submitted to them all the supporting documentation including the New York Kennel Club Replacement Puppy Letter Agreement. Upon completing their review and copying the New York Kennel Club on my documentation, Master Card credited my account for the $850 disputed amount. Somehow in October the NYKC reasserted that the charge was valid and it went back onto my account, and Master Card states that the New York Kennel Club insists the charge is valid. The charge has remained on my account ever since, accruing interest, late payment fees, resulting in dozens of collection calls, a cancelled card, and affecting my credit rating.

I like most people am of a mind that I will not pay someone money I do not owe them, but in this case my money has been stolen by the New York Kennel Club. Master Card insists that I pay them and pursue the New York Kennel Club. I have no choice. So I intend to pay Master Card and once I do file a complaint against the New York Kennel Club and the Caines in the Wayne Municipal Court for their theft of my $850, and file a civil complaint against them for a violation of the NJ Consumer Fraud Act seeking treble and punitive damages.

I see from this Rip-off Report site that Doreen of Weehawken had a similar experience, and am wondering how many others the New York Kennel Club has ripped off. Not surprisingly, whenever I try calling them they do not answer. It's time we put a stop to their rip-offs and scams, and outrageous and unscrupulous business practices. I intend to do just that. If anyone wants to join me, I'd be delighted. This story looks like a good candidate for the media and Arnold Diaz's Shame On You. In the meantime, don't let this happen to you.