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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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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:

mcmooberry · 26/02/2021 20:24

How horrible for you. I'm sure it was the caring and sensible decision to let him go and I am sorry that you feel the vets did not do a good job, possibly performing unnecessarily invasive surgery by the sounds of things?
No idea why they would be doing this but just let them know exactly what happened, that you would have paid whatever it took (within reason!) if there was a chance to help him,however his enjoyment of life had gone and enough was enough. If they are a charity they shouldn't be wasting money on things like this. No good deed....

user1936784158962 · 26/02/2021 20:25

Are they even registered as a charity or is it just a Facebook group offering up animals and asking for money?

Their Facebook page has a comment that they always say age is no reason for euthanasia.

Which tbh was already what I expected from what you've outlined.

That's why they are doing this. As a pp has commented there is no remedy. They're upset you've gone against their ideology and acted in the best interests of the dog.

Anyone who fights so aggressively to prolong the suffering of animals is not an animal lover.

heatherhoneys · 26/02/2021 20:26

Is this one that brings dogs from Eastern Europe? I've heard a similar tale elsewhere about one that does.

Original poster

LostForWords2021 · 26/02/2021 20:30

@louise5754

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.

The 1st vet at the surgery did. Our boy didn’t cope well after bladder surgery and they suggested PTS we declined, they let us take him home and charged us for 4 x visits for dressings and catheter issues.

We knew no history on the poor boy, found in a flat with his deceased owner by the police. It was all guess work. He was a wonderful lad, very over weight and old but still had a massive heart, I wish he were still here but it was in his best interest.

OP posts:

user1936784158962 · 26/02/2021 20:32

Be wary of fundraising appeals which state the animal can only receive vet treatment if the funds are raised - every rescue needs to raise money for vet fees, but urgent treatment should never be withheld due to a lack of funds. Ask for updates and be wary if they are not forthcoming.

Their Facebook page appears to contain a succession of such requests.

eurochick · 26/02/2021 20:32

I only got a quick look at the supposed solicitor's letter before it was deleted but it looked pretty dodgy. The threat in bold about the defence has no place in a civil matter and is arguably improper in a letter to an unrepresented party.

They have no loss. They could argue they could have got an adoption fee from someone else (if they can show someone else would have been willing to take him on) but they would have had to pay the vet fees - these sound like they were more than the £100 adoption fee.

user1936784158962 · 26/02/2021 20:36

I don't doubt that he was a lovely dog and you just wanted to help.

Equally, euthanasia is an act of kindness not cruelty. Sad as it is when a life ends.

hannayeah · 26/02/2021 20:39

If they are not a registered charity and are soliciting funds I would immediately file a complaint. These people are super shady. If they consider animals their property and care more about them as an asset than their well-being, they need to be shut down.

www.gov.uk/complain-about-charity

Crazycatlady83 · 26/02/2021 20:46

Sorry OP, I may have missed it - what are they after exactly? If they want to pursue you for theft, I imagine the Police have better things to be doing with their time and if it’s a civil claim, they need to set out their losses (minimal, especially if you paid the vets bill) Certainly would be small claims cost and they wouldn’t get the fees of their lawyer back.

Perhaps seek out your own legal advice. Go for someone local (I know the firm you are referring too) as they will know them too and be able to suggest a way forward for you.

This is a very upsetting way to treat someone who obviously loves animals as much as you.

CandyLeBonBon · 26/02/2021 20:48

The police cannot and will not get involved. It's not theft.

GreyHare · 26/02/2021 20:52

Try contacting Trevor Cooper he specialises in the law involving dogs, civil and criminal, he is usually very helpful. doglaw.co.uk/

Lougle · 26/02/2021 21:04

The firm in question, if my Google search serves correctly, are known for action against the police regarding euthenasia of seized dogs under the dangerous dogs act, so presumably that's why they are deemed to be appropriate for this claim.

louise5754 · 26/02/2021 21:12

I feel so sorry for you that you were approached to help a dog and are left with all this mess.

Has your friend spoken to you?

Veterinari · 26/02/2021 21:44

Vets can advise PTS but will ask you to sign a consent form. That form states that you are the legal owner of the dog and give permission to PTS.

Vets cannot make that decision in your behalf unless a critical welfare problem and no owner present eg cruelty case,road accident etc.

From your Posts (which I find a bit confusing) it seems that you and the rescue had agreed that you would adopt the dog by message but not confirmed by contract?
You doing need a contract to transfer ownership of a dog and it seems that both parties had agreed to this already so the dog was yours. Ask the vet for a copy of the dogs history, this will demonstrate his medical issues. Don't get bogged down in what the vet did it did not do. It's irrelevant to your case.

Respond that you have messages confirming agreement for change of ownership and documentation confirming PTS on quality of life/welfare grounds. If the charity wish to pursue you for the 'value' of the dog, explain that you'll also be happy for them to reimburse you for the vet fees for 'their' dog.

TheCanyon · 26/02/2021 21:53

On the legal side, I have nothing but this:

He was the most loving and adorable old boy, it was obvious he was old, he was falling over off his legs

You think that's acceptable?

CandyLeBonBon · 26/02/2021 22:01

@Lougle

Interesting. What's their success rate?

Lougle · 26/02/2021 22:12

Again, if my Google search is correct, they've had a few notable wins against police forces.

Newnamefor2021 · 26/02/2021 22:13

I don't have anything useful to add but feel terrible for you. Get some legal advice. If all else fails make it public as this sort of action shouldn't be allowed. You acted in the animals best interest, end of. (Not sure if going public is the best advice but that would be the routine I'd likely take if it can't be settled any other way).

dontdisturbmenow · 27/02/2021 11:47

It's hard to get a clear time line but it sounds like they were considering him being PTS at the rescue not because if health issues but thinking noone would want him?

Then you fostered, he had bladder issues, went to vet 1 who mentioned PTS after surgery. Could it be that they meant if he didn't recover well, but then he did, at least for a short time?

You said you paid for 4 visits, does this mean the shelter paid for the surgery?

Then you decided his health was failing, went to vet 2. Vet 2 didn't agree it was needed, but you insisted and so he did?

Rescue is saying that as a foster parents, not yet official adopters of the dog,it wasn't your decision to make?

They might have a point but suing you seems quute an extreme step. I'm wondering whether they are suing you due the cost of the original surgery if indeed they paid for it.

Sloelydoesit · 28/02/2021 18:35

How much money do they want? And how have they justified it?

Original poster

LostForWords2021 · 28/02/2021 20:06

I really don’t know yet and I just don’t understand it at all. The rescue people didn’t even meet the dog so apart from his deceased owner we were the only ones to truly know him and how much he had deteriorated.

The vet report shows we spent £900 then I spent a further £300 on diapers, supplements, orthopaedic beds etc.
That’s between April and August.

Their adoption fee would be £100 but I felt they waived that as they knew we spent the above on him

OP posts:

Original poster

LostForWords2021 · 28/02/2021 20:50

And I still can’t find them as a registered charity

OP posts:

hannayeah · 28/02/2021 21:09

If you aren’t finding them as registered definitely report it.

EndofLifeDoula · 28/02/2021 21:14

@hannayeah

If you aren’t finding them as registered definitely report it.

Can I ask who to? Gov.co page only asks for serious reports and all I can see on their page is begging for fundraising offering Christmas gifts as prizes and a few go fund me bits?

I honestly just want this all to go away. I’d give anything for 5 minutes of cuddles with our old lad, I don’t need this but here we are and I paid over £1K in vet bills

HoppingPavlova · 01/03/2021 02:46

That all sounds weird and dodgy AF with this ‘Rescue’. I don’t know what they hope to gain? You took the poor dog with problems in, got him treatment and unfortunately it didn’t work out for him. If I were them I’d be grateful I was saved being burdened with an old dog with expensive medical issues that would cost the rescue money. Just doesn’t make sense.

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