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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think no you can't have your fecking dog back!

191 replies

Catthiefkeith · 08/11/2014 07:35

Last August an acquaintance of dh's was trying to rehome a dog on FB for her mil, who got a Labrador puppy, despite having a heart problem and not being able to walk very far.

The Mils condition worsened, and necessitated long hospital stays so after much debate dh and I took the dog, and gave her £100, rather than her be pts or flogged in FB.

We have since had her spayed, and her microchip changed into our name.

The mil has been in touch to say her other son has just left the army, and could therefore do the walking, and can she have the dog back?Shock

Aibu to say no you can't you cheeky cow, we love her and she is very much part of our family.Angry

OP posts:
FisherQueen · 08/11/2014 08:14

Is your dog insured? Registered at a vet in your name (I assume so with the spay!)? Can you prove an ongoing financial commitment in other words. If you have that, the microchip and possession of the dog for over a year with no agreement for dog sitting ( in writing) then you should be fine. Even if you had found the dog as a stray it would still have legally become yours by this point.

If in any doubt I would contact Trevor Cooper at Doglaw. He is recognised as the foremost expert in the UK on all things dog when it comes to the law.

EhricLovesTheBhrothers · 08/11/2014 08:14

And what happens when army son gets bored or moves away? She will get rid of daisy again or put her down? Fuck sake. Just don't enter into correspondence about it.

FisherQueen · 08/11/2014 08:15

Cross posted there OP.

Catthiefkeith · 08/11/2014 08:16

Yes she is insured, has been since the day after we got her.

She would definitely come to me in the bouncer scenario, unless crazy lady had food! Blush

OP posts:
CeliaFate · 08/11/2014 08:17

Dear Crazy Lady
I'm writing in shock at your request for us to give our dog to you.
As you recall, when we bought her off you for £100 it was on the strict understanding that this was a permanent move, that Daisy would be our dog from the date of sale.
We have fed her, walked her, taken her to the vets to be spayed and loved her since August 2013. She is our dog.
I'm glad your son is able to take care of another dog now - rescue centres are crowded at this time of year and I'm sure he will find a suitable dog to own.
I'm sure you understand our refusal. I wish you good luck.
CatthiefKeith (not Dog Thief Keith, Crazy Lady!)

Margaritte · 08/11/2014 08:17

So by mentioning the papers in her email & saying they are proof of ownership, she is effectively demanding your dog, as opposed to asking.

Stand firm. She is bloody rude. Also agree with Chased watch out for more sneaky behaviour.

Has your dh replied? What would/do her ds & dil say about this?

OwlWearingSunglasses · 08/11/2014 08:17

Title of thread is misleading!

No, you can't have our dog! Would be more accurate.

Agree with everyone else, it's your dog, part of your family, chipped to you and that's it. End of.

Take legal advice if you need confirmation - maybe a solicitors letter reiterating the facts may shut her up. Good luck!

BellaVita · 08/11/2014 08:36

Bloody hell YANBU. Agree with Owl about the solicitors letter.

Chandon · 08/11/2014 08:41

Poor you, how stressful!

SpuffySummers · 08/11/2014 08:44

I think this wins the prize for most brass necked post I've ever read.

OP: Agree with others, send a very firm but polite email but don't be dragged into any further discussion regarding your lovely dog. Solicitors letter if they continue to harass you.

CinderellaRockefeller · 08/11/2014 08:48

I can't see how they have any claim at all on the dog. I would be a bit careful about letting the dog out of your sight for a while though.

WienerDiva · 08/11/2014 08:50

Absolutely reply with all other posters have mentioned.

The legal ownership really does come down to who has been looking after it.

I've copied the next bit from the dog law website about ownership and access.

*Custody and Access Disputes

In law, a dog is regarded as a 'chattel' ie. an item that is owned. In the event of a dispute on who should have custody, the Court would consider who is the dog's owner. Such a case is likely to be heard in the Small Claims Court (part of the County Court) and the claim would be for:
A declaration of ownership, and
An order for the return of the dog, and
An order for damages for wrongful retention of the dog
The Court may have regard to many factors including who bought the dog, whose name is registered with the Kennel Club and who is the one who actually looks after it. A Court may simply decide that the dog is jointly owned and in the absence of an agreement on who should have it, may order that the dog be sold and the proceeds shared. Another alternative, would be for the Court to order shared ownership, so that (for example) each party may have the dog for 6 months of the year.

Please bear in mind that in a divorce situation, ownership of the dog should be considered at the same time as the other matrimonial chattels are decided.

The Court does not have the power to order access to a dog.*

If after your email when you say no, she still persists tell her to take you to small claims. She'll not stand a chance.

Letthemtalk · 08/11/2014 08:51

Kennel club registration does not equate to legal ownership. She's your dog, ignore mad lady.

SaucyJackOLantern · 08/11/2014 08:52

YANBU!

They sold you the dog. End of.

lougle · 08/11/2014 08:56

Absolutely NO.

Dear previous owner

I'm glad to hear that your situation had improved. It was awful to hear how very poorly you were last year.

As you were so unwell, your DIL was looking for a permanent home for your dog. If none was found, she would have been euthanised. At that point, we stepped in and agreed to provide a permanent home for and paid your DIL for her.

We transferred her microchip in September 2013. We insured her, vaccinated her, and welcomed her as a permanent member of our family.

We cannot now sell her -she is our dog and we adore her. She is very content and enjoys her life here.

With best wishes

OP

Castlemilk · 08/11/2014 09:00

Could you contact the kennel club yourself, provide proof of ownership (microchip?), say you had been led to believe this dog had no papers but it seems she has, and ask for a replacement? That would spike their guns...

Gen35 · 08/11/2014 09:05

Outrageous! You can prove you've been looking after her, she could take me to court if I were you, what kind of a low trick is it with the papers? Before that, I thought she was flakey, relying on someone else for dog walking isn't sustainable, but the papers thing makes me think she's not really feeling guilty but just horrible. I'd feel awful if I had to give my dog up but I wouldn't try and manipulate someone into giving it back.

SunshineAndShadows · 08/11/2014 09:06

Hi Keith
Don't worry KC papers are NOT proof of ownership www.thekennelclub.org.uk/services/t-and-c/tran.aspx?ReturnUrl=/public/transfer/Default.aspx
The insurance microchip and vet registration plus the circumstances of selling all make it quite clear the pup is yours. It would be awful to send her back - she's a sentient animal not a fucking pot plant fgs - these people are loons! Why don't they just get another dog?

On the bright side though maybe this could inspire a name change?
DogThiefDoris ?

Bakeoffcakes · 08/11/2014 09:06

Get as much evidence as you can from FaceBook, also ask the very for a copy of the records they have for Daisy, for which you have paid, and also didi you pay the £100 in cash or a cheque? If a cheque then. you can ask the bank for a copy of it. Then write her a letter stating you have all this evidence and tell her to sod off!

She really doesn't that've a leg to stand on.

TestingTestingWonTooFree · 08/11/2014 09:06

I think lougle's response is good.

PurplePidjin · 08/11/2014 09:14

email back and say "surely if you expected me to look after the dog for over a year you would have paid me?!" then invoice them

pictish · 08/11/2014 09:18

Another NO.
Send her packing.

SunshineAndShadows · 08/11/2014 09:19

Don't do that. You don't want payment for dog sitting duties, you want to maintain the dog as part of your family

pictish · 08/11/2014 09:19

Lougle has the perfect response. Polite but firm.

KnackeredMuchly · 08/11/2014 09:19

YY to her being a dog not a pot plant!!! I could forgive Crazy Lady for asking, but not for threatening with KC papers - that is just nasty Angry