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Original poster

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

102 replies

LostForWords2021 · 26/02/2021 18:05

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?

OP posts:
AnneElliott · 26/02/2021 19:16

Agree you should get legal advice. I'm not qualified but I cannot see what their loss is here? And yes they should have paid the vets bills if they consider that he was still their dog!

Mmn654123 · 26/02/2021 19:18

From what you’ve said Op, I know the firm. So if that is ‘outing’ you might want to have that list deleted.

Mmn654123 · 26/02/2021 19:18

Post not list

Original poster
LostForWords2021 · 26/02/2021 19:19

@alexdgr8

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.
Thank you, I’m a day time LBC listening so I will take a look in to this. Much appreciated Daffodil
OP posts:
CandyLeBonBon · 26/02/2021 19:27

@LostForWords2021

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.

They cannot involve the police as theft of a dog is covered under civil law, nit criminal law. If you have evidence in writing that you were willing to adopt the dog then they'll have to spend a lot of money proving their case.

They are almost certainly chancing their arm.

hannayeah · 26/02/2021 19:30

Doubtful this organization is going to pay a solicitor to pursue something so ridiculous.

Did you have any indication prior to the letter that they took issue with your care of the dog?

I would find out how the rescue is registered. If they are a charity, etc. I would check to see if they’ve had prior complaints against them.

CandyLeBonBon · 26/02/2021 19:38

Honestly op from what you've said it sounds like they've cobbled together some bullshit in legalese to frighten you.

In all events, you should write a letter before claim which gives 7 days to pay/fulfil the terms of the contract.

They can't just tell you criminal proceedings are imminent as that's not how things work.

Theft of the dog is not applicable because you had an agreement to foster the dog and a subsequent agreement to adopt the dog. My guess is they're trying to frighten you to paying the adoption fees. They sound like a right cowboy outfit and without a doubt don't have the money to pursue this correctly (not that they have much of a case!)

eurochick · 26/02/2021 19:38

(This is not legal advice btw)

I'd be inclined to reply saying the it was your understanding that you adopted the dog on X date and that this was agreed via the group chat (do you have a copy? If so screenshot everything). If your understanding was incorrect and the dog continued to be fostered the vets fees would be Y and could they pay them within Z days please.

partyatthepalace · 26/02/2021 19:41

Sounds completely nuts OP.

I would get Citizens Advice advice on how to push back hard, and if this rescue centre is part of a national membership group, I would put in a complaint to them later.

Put together all the info on your previous dog fostering and all the group chat, get citizens advise to Ok your response.

Am very sorry OP

Covidcorvid · 26/02/2021 19:43

And your friend works there? Have you contacted your friend? What do they say?

WednesdayalltheWay · 26/02/2021 19:53

What I can't understand is why they would do this. If I understood why, that would help me address it, if it was me. So, so weird.

Original poster
LostForWords2021 · 26/02/2021 19:55

@kirinm

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.

Thank you

[identifying images removed by MNHQ]

OP posts:
user1936784158962 · 26/02/2021 19:57

So essentially the dog deserved to have been put out of his misery when they were originally discussing euthanasia? But for inexplicable reasons they farmed him out to you to "save" him instead thereby prolonging his suffering?

Is this actually a legitimate rescue centre or another endeavour being run by people who don't have a clue what they're doing but just want to "save" animals?

CottonHeadedNinyMuggins · 26/02/2021 20:01

'deprived them of their property'

They mean make an old and very sick boy very happy for his last few months?

Ugh. They sound like they're in the rescue business for all the wrong reasons!

Original poster
LostForWords2021 · 26/02/2021 20:03

@user1936784158962

So essentially the dog deserved to have been put out of his misery when they were originally discussing euthanasia? But for inexplicable reasons they farmed him out to you to "save" him instead thereby prolonging his suffering?

Is this actually a legitimate rescue centre or another endeavour being run by people who don't have a clue what they're doing but just want to "save" animals?

No one had any idea of the dogs history, the rescue never met him but he was a sweet old boy who found himself in the pound to be PTS as his owner had died and no relatives wanted him.

We were just trying to help and I’m still glad we did even having to go through this. He was a gentleman and I still miss him.

OP posts:
TheGriffle · 26/02/2021 20:04

I would do as Eurochick says and send them the bloody vets bills if they still think the dog was their ‘property’ bet that soon shuts them up.

I’m sorry you had to lose a lovely doggo after trying hard for him.

Sobeyondthehills · 26/02/2021 20:07

@LostForWords2021

I have reported your post with the photos in it, as I can see the blacked out words. You may want to report it as well

user1936784158962 · 26/02/2021 20:07

Is it a legitimate rescue centre or not?

NoWordForFluffy · 26/02/2021 20:09

I can't see what remedy there would be in relation to a very old, sick, dog. They'd have to prove a loss, and it's not clear what they're alleging the loss is.

Do you still have the conversation about adopting him? Print it and send it back, saying the dog was yours and the fostering contract ended on the day the adoption was agreed.

louise5754 · 26/02/2021 20:14

I don't understand. If the dog shouldn't have been put to sleep then it's the vets fault surely? If there was anything that could be done that would improve his quality of life surely you would gone with that option first.

Original poster
LostForWords2021 · 26/02/2021 20:14

[quote Sobeyondthehills]@LostForWords2021

I have reported your post with the photos in it, as I can see the blacked out words. You may want to report it as well[/quote]
Thank you, I’ve also reported my post - I’m disappointed as I thought I’d done a good job!!

OP posts:
Original poster
LostForWords2021 · 26/02/2021 20:17

@louise5754

I don't understand. If the dog shouldn't have been put to sleep then it's the vets fault surely? If there was anything that could be done that would improve his quality of life surely you would gone with that option first.
Exactly. We followed vet advice to a degree and the rescue vet nurse’ S advice to a degree as well but the main point was us knowing our old boy albeit for a short while but, we loved him and did our very best ending in a very hard decision all in his best interest.

I’ve had to re read all of our messages reliving it all, it’s heartbreaking.

OP posts:
CriticalWoman · 26/02/2021 20:18

That letter sounds dodgy, especially the alleged criminal caution at the end. You need actual legal advice.

louise5754 · 26/02/2021 20:20

Also who suggested he needed to be PTS originally?

Then all of a sudden you come along to foster and he's fine to continue to live.

hannayeah · 26/02/2021 20:21

This is helpful:

www.hoperescue.org.uk/blog/are-animal-sanctuaries-regulated-and-licensed

Check to see if they are a registered charity.