I didn’t read the contract and now I’ve received a solicitor’s letter accusing me of theft. What do I do?

[LostForWords2021]

I’ve NC and will repost in the dog house for further help.

At the beginning of the first lockdown a friend contacted me from a rescue centre. They had an old dog in the pound due to be PTS and asked if I could foster him.

I’m a dog lover, always had foster dogs and at the time I was able to agree for a short period so she put me in touch with the rescue people, they made a FB chat group inc a vet nurse and we made arrangements for them to drop him to our house.

He was the most loving and adorable old boy, it was obvious he was old, he was falling over off his legs and had a few other old age issues but he was very grateful for a 2nd chance and I sorted some homeopathic medicines whilst we sorted a vet check out (This was all communicated over the chat group)

They sent me a foster contract which I signed and returned but, as he wasn’t meant to be with us very long I didn’t read and we just got on with a lovely weather lockdown with the poor old sod.

After a few months he became really unwell, I kept them up to date and their vet nurse advised what to say at the appointments- we paid for all the treatment - unfortunately we used a new vet who was very close by and they were dreadful, really, really bad. I still have all the messages pleading I make a complaint about the treatment we did and didn’t receive.

At this point they asked if we wanted to adopt him and we said yes because we loved him and couldn’t see him surviving another new owner. This was all on the group chat but no foster contract signed.

I’ve always lived by measuring our pets happiness, play and pain and this poor lad was deteriorating fast with many post surgery issues, he wasn’t engaging with us and we made the horrible decision to let him go pain free after many, many vet visits and sleepless nights. Covid meant we couldn’t even be with him, it was heart breaking but the right choice.

We informed them of the decision on the group chat and left.

I’ve received a solicitor letter accusing me of breach of contract and offering me a chance to respond to their questions. What do I do?

What did the contract say? What's the breach? What are their questions?

Wow. Poor you. What an awful bloody rescue!

If they really believe he was never yours, etc then surely the rescue should pay for all the vets bills you incurred?

Are they not believing that he’s been put to sleep?

They asked if you wanted to adopt him, you said yes......what happened after that? I’m guessing he was never actually adopted? Did they come back to you and say you can pay x for him? Or did you just never hear from them after you said yes?

What terms are they saying you have breached? What are their questions? Hard to answer without that info.

I guess you could ask the vet to provide a letter saying he was put to sleep due to ill health and old age snd return that to the solicitor? And I’d be tempted to include a breakdown of all bills paid for “their” dog.

What are they accusing you of, exactly?

My understanding admittedly is from cats, but I thought the rescue center covered costs in fostering, not the fosterer. Why didn't they pay the vets bills?

What is the loss they're claiming for? Seems cheeky. I'd be minded to ask them to pay the vet bills unless there is a suggestion, you've given the dog treatment he didn't need / made him worse?

I would ignore the letter. Any rescue would be insane to spend money on lawyers to chase you down for this.

They probably got the first letter free. Just completely ignore - and don’t reply as you might incriminate yourself if you don’t have proper legal advice.

I’d imagine they have questions around how you reached the decision to have him PTS?...

It sounds like a weird arrangement all round though, I foster and they’re always involved and pay for vet treatment.

Cheeky fuckers. They can't have it both ways. Either he was your dog and you were responsible for the decision-making and expenses surrounding his care, or he was their responsibility and they are liable for costs incurred, plus the responsibility for demonstrating any lack of diligence on your part surely lies with them??

I'm sorry you're in this position after your kind actions, and very sorry for your loss. It sounds as though you made his final months very happy.

They’re investigating whether our actions amount to the theft of the dog.

If I don’t respond then criminal proceedings are being contemplated.

The questions are asking if we adopted him on the foster date, do I accept I entered in to a written agreement with them, did a re name him (yes, they didn’t reply they had an issue with that and infect none knew what his real name was when he entered the pound), confirm the register vet, do I accept that in accordance with the written agreement to correspond with them about various treatment and did I inform the vet I wasn’t entitled to authorise euthanasia with out their consent and do I accept by acting as I did I have permanently deprived the rescue of their property.

The vet was dreadful from the first visit, it’s something I’ve lost sleep over, I wish I had moved him but I honestly don’t think he would have made it much longer but he would have had less evasive procedures which he hated. They offered to PTS after the first of many ops but we said no as he was eating and appeared happy now and then and then he deteriorated over a course of 2 weeks to the point where he couldn’t stand.

We offered to pay for the treatment because we can afford to and wanted to help the rescue out.

Can you download your Facebook history - it may show the fb conversations

Beach of contract is a civil matter not criminal but theft would obviously be criminal. Apart from the fact it all sounds ridiculous, have they said what they actually want?

They intend to prosecute you for putting a sick dog to sleep because you didn't get their consent? You probably should've obtained their consent but I think it's just a case of getting the vet to confirm how unwell the dog was.

Can you say which rescue centre this is so I can avoid them at all costs?

@LostForWords2021 is it an official solicitor letter?
Is it headed “letter of claim”? A solicitor should not be writing a letter demanding a litigant in person answers questions.

What are they hoping to recover? What loss have they suffered? I don’t even see how there could be a contract in this matter (the fact you signed a document entitled “foster contract” is irrelevant). What was the consideration?

Do not answer those questions. I’d write a short vague letter back, saying you don’t admit there was a contract, but in any event you acted at all times in the best interests of the animal. The animal was PTS on the advice of a qualified veterinary surgeon and you followed that advice and then informed them of the decision.

Ask then when they plan to pay for the vet bills of the dog you didn't own

@LostForWords2021 I’ve just seen this update. I guarantee the police/cps would not even consider investigating this matter. At most it’s a civil claim. Do you have LEI on your home insurance? You may just need an equal threatening solicitor letter back to the other side to get them to go away.

[quote Froggie456]@LostForWords2021 is it an official solicitor letter?
Is it headed “letter of claim”? A solicitor should not be writing a letter demanding a litigant in person answers questions.

What are they hoping to recover? What loss have they suffered? I don’t even see how there could be a contract in this matter (the fact you signed a document entitled “foster contract” is irrelevant). What was the consideration?

Do not answer those questions. I’d write a short vague letter back, saying you don’t admit there was a contract, but in any event you acted at all times in the best interests of the animal. The animal was PTS on the advice of a qualified veterinary surgeon and you followed that advice and then informed them of the decision.[/quote]
The vet is saying we told them to do it. We didn’t, he suggested PTS right after the 1st surgery which we refused and continued for a further 2 weeks (the rescue know all of this I have the messages)

My DH had long, tearful discussions before making the decision put him to rest.

The letter isn’t headed anything apart from Ref; rescue and dogs name.

I know nothing about the legalities tbh...

But I’d respond saying something like - I fostered him on x date, yes I changed his name and informed you at the time, you didn’t object so I assumed that was fine... I believed I had adopted him on x date after the conversation about it and that from that point I was solely responsible for the his welfare, which is why I paid for all veterinary treatment. The decision to have him PTS was in conjunction with x vet due to his pain levels and how condition not improving after treatment.

I’d think you’d not want to say - no I didn’t inform the vet I wasn’t authorised to have him euthanised or anything like that though, even as a... because I didn’t think I needed to.

@LostForWords2021 can you say what firm of solicitors it’s from?

As I mentioned above do ring your home insurers. Honestly, I think it will cause you a lot less stress if you just get a lawyer to write a letter in response.

I have no advice to offer, although I feel certain that the rescue organisation doesn't have a legal leg to stand on. I just wanted to say that it's heartwarming to read how kind you and your DH have been.

Weird.

What I would do is to say you've acted on advice of the vets and that if they choose to bring a claim against you, you'll bring a counterclaim to recover the cost of very treatment that the rehoming centre should have paid you as a foster carer.

Then I'd add that if they pursue this, your be happy to contact local newspapers to explain how you're being pursued by the pound.

Then I'd say you're prepared to let the matter rest because you're distressed about the dog, but you expect to hear no more from them.

As people have said, I can't imagine they'd have a leg to stand on.

[quote Froggie456]@LostForWords2021 can you say what firm of solicitors it’s from?

As I mentioned above do ring your home insurers. Honestly, I think it will cause you a lot less stress if you just get a lawyer to write a letter in response.[/quote]
Rather not although I have googled them and apart from one of their solicitors winning a case against the police for being wrongly arrested for theft and an issue where one male solicitor punched another female solicitor on a works night out blaming “personal issues at home” I can’t find anything else.

If you've breached the contract, you've breached it. I just don't understand what establishing a breach means for them? I'd have a read of the contract.

So the vet is saying they didn't recommend PTS?

Dean dunham is on LBC tonight at 9pm, taking consumer issue calls.
he is a lawyer, and might be able to advise you.
good luck.

Well a quick google and I think I've found them. Unless you're willing to basically copy exactly what the letter says to here, I think your best bet is speaking to a lawyer. I can't work out if they're alleging theft or are suggesting some sort of mistreatment. But regardless, check your insurance policies for legal expenses insurance as they will be able to look into this for you.

Alternatively consider approaching a solicitor yourself.