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Legal matters

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Cat ownership right

35 replies

sleepingcatslie · 02/05/2021 14:53

Hi

Some advice please.

Back in January a friend (A) received a text from another friend (B) asking her if she knew anyone who wanted a cat. B was living with her family who didn’t want the cat and as B was out working the cat spent all day locked in one room and B didn’t think it was fair on the cat. The cat was almost six months old.

Friend C was happy to give the cat a home. The following day A and C met B and B gave the cat to C with some food. The day after that B met A and gave her the cat’s toys, bed, litter etc.

About five days later B text A asking for the cat back. C has now fallen in love with the cat and didn’t want to give her back. There was some exchange of texts between A and B, with A telling B she wasn’t getting the cat back. B had given reasons why she couldn’t keep the cat and her circumstances hadn’t changed.

C has had the cat since January and had her spayed and is a responsible owner.

The police turned up at A’s home yesterday saying that the cat had been reported stolen and the owner wants her back. A showed the police the texts messages between her and B and the police have said it’s now a civil matter and they won’t take any further action.

A received a text from B this morning saying that she has seven days to return the cat.

Does B have any legal right to the cat?

Many thanks.

OP posts:
Youdontknowwhatyoureonabout · 02/05/2021 14:59

B gave the cat away. The cat is no longer hers. C has texts to prove it and B us unreasonable to want the cat back to lock it in a room all day.

dementedpixie · 02/05/2021 15:03

The cat should have been handed back at the 5 day point when they originally asked for it back. Thjnk of it as the Cooling off period.

Why is B going through A rather than going directly to C? A should be keeping their nose out of everyone's business tbh

OldSpeclkledHen · 02/05/2021 15:08

what does the cat think? cats choose their humans.
(Sorry! not helpful!)
Cat belongs now to C

HectorHalloumi · 02/05/2021 15:11

@OldSpeclkledHen

what does the cat think? cats choose their humans. (Sorry! not helpful!) Cat belongs now to C
True. Cat will probably end up living with D 🤣
greyspottedgoose · 02/05/2021 15:15

I don't think the cat will live with D, just pop round for a feed after having their tea at Cs 🤣

Mamamamasaurus · 02/05/2021 15:18

B wants the cat back, despite giving it away because it was locked in one room all day. And there having been no change to their circumstances which mean the cat won't now be locked in one room? Nah.

Is the cat a pedigree by any chance? And why the cat locked inside anyway?

Mamamamasaurus · 02/05/2021 15:19

@dementedpixie

The cat should have been handed back at the 5 day point when they originally asked for it back. Thjnk of it as the Cooling off period.

Why is B going through A rather than going directly to C? A should be keeping their nose out of everyone's business tbh

Animals come with a 'cooling off period'? 🤔
HectorHalloumi · 02/05/2021 15:21

@greyspottedgoose

I don't think the cat will live with D, just pop round for a feed after having their tea at Cs 🤣

Not forgetting E and F on the way past 😉

Notaroadrunner · 02/05/2021 15:21

Block A. C owns the cat having had it for 3 months now. I can't imagine any solicitor would entertain such nonsense. Good job A and C have texts showing that B was looking for a new home for the cat and gave it away.

MikeWozniaksGloriousTache · 02/05/2021 15:22

Has C had the cat microchipped? I’m not sure this proves ownership but it will go further to prove she is responsible for the catS

sleepingcatslie · 02/05/2021 15:25

B and C don’t know each other, they share a mutual friend in A.

Surely a cooling off period would apply to C and not B? Hmm

B dragged A into by giving her address to the police.

OP posts:
Aprilshowersandhail · 02/05/2021 15:28

If B cared so little about dcat it lived in 1 room will she shell out ££ to take the new owner to court? Doubtful.

dementedpixie · 02/05/2021 15:29

Maybe in that 5 days they realised they missed the cat and didn't want to give it up but C wouldn't give it back. And they have had to try to resort to more desperate measures to try and get it.

Just trying to see it from their perspective

Dddccc · 02/05/2021 15:29

Legally second owner is her owner the one who gave her away does not have a leg to stand on and if it goes to court she still wouldn't

sleepingcatslie · 02/05/2021 15:36

Thanks for the replies.

She is not a pedigree but is a very sweet little thing.

The microchip is in B’s name unfortunately. The vet wasn’t concerned when C took her to be spayed but I imagine that B has now reported her stolen so whether a new vet would check or not I don’t know (C is looking to move).

OP posts:
thinkIamdone · 02/05/2021 15:45

The cat was given as property to C. Property does not have a cooling off period. There were no conditions made when the property was transferred. Cats are no different from a pencil case under the law. C keeps the cat and asks the vet to alter the chip to Cs name.

prh47bridge · 02/05/2021 17:52

Agree with others. The cat clearly belongs to C. B has no right to demand its return. Dementedpixie is completely wrong to suggest there is a cooling off period. Even if there was, it would apply to C as the recipient of the cat, not B.

C needs to go to www.pettrac.co.uk/pet-owners/update-pet-microchip/how-to-update-microchips.aspx?ref=590649378C7B40779F9E076F450AD24BF7291B49D4B6E1763C8C92D00B3AE79E126930F39F7A51CA678EF5A6A221C9AF2236813F3B4EAC252D53C2E0AF0AC783 and apply for the cat's registration to be transferred.

If B keeps this up, C have a case for harassment.

sleepingcatslie · 02/05/2021 22:08

Thanks Prh47bridge.

B has sent several messages to A today. B also tracked down C’s partner on Facebook and sent a message to him.

C phoned 101 and was advised to take legal advice which she will do next week.

Whilst I can understand ‘giver remorse’, why has it taken her three months to ramp things up?

OP posts:
Viviennemary · 02/05/2021 22:15

No the cat should absolutely not be given back. I'd tell the previous owner they are lucky not to be be reported to the RSPCA for animal cruelty. Locking a cat up all day. If there are texts to prove the cat was handed over she hasn't got a cat in hells chance of getting in back.

GreyhoundG1rl · 02/05/2021 22:18

C now owns the cat.

StartingGrid · 02/05/2021 22:36

B sounds unhinged... I hope A has blocked them by all possible means, some friend B turned out to be!

MrsBertBibby · 02/05/2021 23:24

I'm guessing B now reckons she could get money for the cat.

DifficultBloodyWoman · 07/05/2021 07:27

B should not be involving A.

A should tell B to fuck off and consider making a harassment complaint.

C should get legal advice (glad to see that C is planning to next week).

C should get the microchip updated asap.

C’s boyfriend should tell B to fuck off and consider making a harassment complaint.

Has C been contacted directly by B in any of this?

DifficultBloodyWoman · 07/05/2021 07:31

Also want to point out that C has now had the cat for almost as long as B. Possibly longer if B got the cat when it is safe to separate kittens from their mother (8-12 weeks depending on who you ask).

WhoWants2Know · 07/05/2021 07:33

If B had surrendered the cat to the RSPCA, does she think that they would give it back 5 days later when she changed her mind?

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