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VIC Pet Rescue Charity Threatening to Take Me to VCAT

Discussion in 'Australian Consumer Law Forum' started by Dale Cope, 21 October 2015.

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  1. Dale Cope

    Dale Cope Member

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    Hi again, I was a Foster carer for a pet rescue charity group. I was given care of 2 puppies approx. 6 weeks ago. There was no verbal or written agreement. The pups were handed over to myself and my daughter outside the house of the person who runs the group. I pay for the day to day expenses of the pups.

    As a family we decided would like to adopt the pups as our pets and informed the Rescue group. They said no but we argued the point. After all the pups had bonded with us and us with them etc. We deposited the required amount into their account. And we have a receipt. We have registered them with the council and taken them to the vets for a check up, etc.

    Today I received a e-mail stating that they will be taking this to VCAT. For return of goods and services under a civil act/law.. They want the pups returned to them. They don't want money, but they won't return money to us but they want the pups back? This is a registered public charity. We still want the pups, we have fallen in love with them. It would detrimental for them to be forcibly removed from us, and we would be gutted.

    Thanks
     
  2. JS79

    JS79 Well-Known Member

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    After you argued the point with the rescue group:

    1. Did they state a figure that needed to be paid in order to purchase the puppies?
    2. Did they provide their bank account details in order to pay for the puppies?

    If you have answered yes to the previous questions you could argue that there was an offer, acceptance and consideration and therefore a contract was formed. Keep your receipt as evidence and any email correspondence between the rescue group and yourself in regards to the puppies - you will need it for the VCAT.
     
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  3. Dale Cope

    Dale Cope Member

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    Yes there was a figure that the pups where advertised with. $450 each. I already had their bank account details. They also said that I paid the money into their account with out their consent or knowledge, which is not true. I sent them two e-mails saying that I was doing just that.
     

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