I'm sad to do this, but I am posting a yellow light for Pat Henry. This yellow light is due to undisclosed and unrepairable condition issues on a model combined with her declaration that she will refund me by unspecified time payments instead of promptly and in full like the payment she received.

The model in question in a Breyer wedgewood fighting stallion. Pat had been advertising him on MH$P for a while as up for offers along with some other decorators, and I inquired about him in late January. She provided some profile pictures of him, but nothing straight on of his face or his back. I noted some small rubs and marks in the photos, and asked if there were any other condition issues I wasn't seeing. She responded "there does not seem to be any other major issues to him but then again I was happy to get the old boy over 20 years ago".

We agreed to a price late on Friday, February 2, and Pat informed me she would only accept personal checks or postal money orders and put the model on hold for me. I sent a check on Monday, February 5. On Friday, February 16, Pat emailed me that the wedgewood fighting stallion had shipped along with the tracking number.

I was traveling that week, so the model arrived at my workplace the week of February 19 and I was not able to open him until Saturday, February 24. When I unwrapped him, I quickly noticed that the model was bloated. While it wasn't the cartoonish level of bloating that is possible in worst-case scenarios, I would consider it moderate and I observed the issue once I was able to view the model head-on.

I compared the wedgewood fighting stallion against a number of other Fighting Stallion models in my possession to confirm the bloating, and then also reviewed the photos I had originally received from Pat to see if it could have been detected in those photos and I had missed it. As all photos were side views of the profile of the horse, there was no way for me to have seen this in the photos provided and it was not disclosed when I asked about condition.

Below are the emails that Pat and I have exchanged since the bloating issue was raised. I've removed email addresses and any personal info only.

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From Kim to Pat
Sent: Sun, Feb 25, 2018 9:21 pm
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

Hi Pat,

The wedgewood fighting stallion arrived safely, thank you! I was traveling this week so opened him yesterday. While he shipped safely, when I opened him I did notice an issue with his condition that was not mentioned when I asked about condition and not visible in the photos provided. Unfortunately, the fighter is bloated--not the worst I've seen but I noticed it as I unwrapped him and I think it would be an issue in the show ring.

I've attached some photos for you, with the wedgewood and a non-bloated fighter as comparison. In light of this condition issue, I'd like to ask you about a partial refund. Please let me know if you need any other photos.

Thanks,
Kim

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From Pat to Kim
Sent: Tuesday, February 27, 2018 6:32 PM
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

just return him

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From Kim to Pat
Sent: Mon, Mar 12, 2018 5:03 pm
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

Hi Pat,

It took me a little while as I was out of town for work again, but I returned the wedgewood fighting stallion to you due to the bloating, as requested. I shipped him exactly the same way (USPS Priority) and in exactly the same shipping materials as was used to send him to me. The tracking # shows that he should be delivered today.

When he arrives, would it be possible to receive my refund by Paypal Friends and Family instead of by check? As it's simply a refund, it seems like the Friends and Family option through Paypal should work well for both of us.

Thanks,
Kim

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From Pat to Kim
Sent: Monday, March 12, 2018 8:04 PM
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

horse arrived today,however since you took long in returning him and never emailed me when you were sending him out and why it took so long, I will be paying you in monthly installments as I lost buyers that would have wanted him and they have moved on. I will be offering him again to some people,you will get your money however that I promised, I compared him with another model and I do not see what you are seeing. was selling him as a deco and not a live shower,sorry he did not fit your bill..will be sending out your first payment on Friday
sincerely
pat

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From Kim to Pat
Sent: Monday, March 12, 2018 11:04 PM
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

Thank you for letting me know the horse arrived back with you today, I appreciate it.

I paid promptly and using your requested payment method of a check, and also patiently waited for the check to clear and for the next ship date because you ship once a week. The time between when we agreed to price and you shipped (February 16) was 2 weeks, when you could have shipped him on Saturday February 3 if you accepted Paypal as I would have been happy to send Paypal payment on February 2 right after we agreed to price. However, I did not complain about you accepting check or money order only, the time, risk, and inconvenience that added, or that shipping was once a week only.

I don't find it acceptable for you to now tell me that you will be refunding in monthly installments, without ever mentioning that would even be a possibility when you instructed me to return him, much less telling me what you would propose for each installment and how long it would take to receive a full refund. I don't know if you intend to return my money in 2 months or 6 months or anything. While there may have been other potential buyers in the 10 days between when you instructed me to return him and when I was able to ship, the fact remains that you have the payment in full to refund and the presence or absence of other buyers is irrelevant. To complain it took me 10 days to ship him seems a bit one-sided when you expect buyers to extend that kind of courtesy to you. Time payments were not made to purchase the model so I would not expect time payments to be made to refund the model.

I'm sorry you don't see the bloating, I've attached the comparison photos again for you. From the back it is easiest to see the difference. He is a lovely color and I didn't expect him to be LSQ, I knew about the marks and rubs, but bloating is a different matter as it can't be repaired.

Please send the refund in full on Friday.

Thanks,
Kim

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From Pat to Kim
Sent: Thursday, March 15, 2018 8:24 PM
Subject: Re: MH$P Ad: Decorators And Other Models For Sale

you will be paid the way that I stated as you caused me to lose buyers,if he sells sooner you will get the full amount via mail,you saw the pics you dickered me with the price so please sen me your addy so I have it coreect so I can send the first check in the mail,if you want to bad mouth me on the net go right ahead as I will still refund your money aas promised as I do not take advantage of people and will always refund what was sent to me,but remember when you bad mouth people it may come back when you deal with other people. please send me your addy so I can start paying you
sincerely
pat

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I have been collecting and active in the hobby for over 25 years, and can count on one hand the number of times I have had to return a model or post anything less than a green light. I have never had the experience of a seller refusing to refund my money until they sell the model again, and find it unacceptable that she has both my money and the model and I have no recourse at this point besides her word. Again, whether there are or are not other buyers is irrelevant as she has the payment in full to refund.

I will also note that since receiving her last email I have found the wedgewood fighting stallion is currently listed on eBay, and has been since the day she received it back. The listing is https://www.ebay.com/itm/Breyer-1960...MAAOSw0gFapyXm

There are no pictures provided in the listing that would allow the buyer to detect potential bloating, but she says "He does not appear to be yellow or have any Bloat but you decide."

I had not planned to give any lights on this transaction if I received a full refund in the near future, but given that she is still saying the refund will be on her timeframe and has listed the model for sale with what could be considered at the very least an incomplete description/photos, I feel it is warranted at this time.

Sincerely,
Kim Haymond