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Legal matters

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I fostered an elderly rescue dog and the rescue have sent me a £3k county court form?

199 replies

LostforWords2021 · 27/09/2021 14:45

On the 8th April 2020 a friend sent me a message asking if I had room to take in an elderly dog who's owner had died. He was poorly, overweight and due to be pts if a foster place couldn't be found.

I hadnt heard of the rescue before, a FB msg group was set up for us all to talk about the process. The rescue knew nothing about the dog, hadn't met him but did send a driver to collect him and drive him to us during the first lock down.

Apart from messenger I had no other contact for the rescue. I spent over £1200 on vet bills, food and comfort toys inc orthopaedic beds and natural remedies. I did sign a foster agreement.

It was agreed I would adopt him but I didn't receive a contact. Unfortunately the poor boy took a turn for the worst and the vet advised pts, which we did in Aug. During April and August they had a vet nurse on the group chat advising against the vets treatment, urging us to complain and sending us treatment cards via msg of what she would be doing at her surgery, it was very stressful.

I received a solicitor letter which I responded to - apparently, I wasn't authorised to get treatment or make decisions even though we agreed I had adopted him 1 month prior to becoming so poorly and kept them all up to date with what was happening.

Today I've received a county court money claim form and I don't know what to do next, I've attached a picture of the claim for a dog the rescue never met, never assessed or paid for anything towards his day to day care for the 5 months I paid for everything because I wanted to.

I do have some screen shots of conversations but the have deleted the main group chat and the vet is refusing an information request due to being to involved - we disagree with some of the comments made as we weren't made aware of what treatment they carried out due to lock down and not being able to be present with our dog.

I fostered an elderly rescue dog and the rescue have sent me a £3k county court form?
OP posts:
LostforWords2021 · 03/10/2021 19:23

From the vet, I’m requesting their evidence that I consented to a hernia op that I didn’t know anything about?

OP posts:
MrsPinkCock · 05/10/2021 14:06

This is shocking.

It’s not my area of law so take what I’m saying with a pinch of salt… but even if the dog was their property, surely if you can secure evidence from the vet that the dog would have died in any event, the “value” of the dog would be nothing. Plus a £3k loss is a huge stretch - surely the rehoming fee they could have charged even if he was a fit and healthy dog would have been minimal? That would be the limit to their financial loss.

I would have counter claimed if I were you OP - you could have ended up in a situation where their claim was dismissed but they owed you the vets fees back. If you didn’t counter claim you may not be able to pursue them for that at all now Sad

Good luck and let us know how it goes. I hope it’s thrown out quickly.

LostforWords2021 · 06/10/2021 14:35

The vet is lying to cover their own back. Massively back tracking on what was said verbally and falsifying facts to the rescue.

I didn’t consent to a second operation, I didn’t know they had found a hernia after operating on his bladder to remove stones, I didn’t know they had operated on him just 2 days after the bladder operation.

I am counter claiming.

OP posts:
wetotter · 06/10/2021 15:00

I am utterly astounded at this chain of events!

Are you reporting the vet to the RCVS? Or are there still things you wish to ascertain?

LostforWords2021 · 06/10/2021 15:13

@wetotter

I am utterly astounded at this chain of events!

Are you reporting the vet to the RCVS? Or are there still things you wish to ascertain?

I don’t know what to do to be honest Sad
OP posts:
LostforWords2021 · 09/10/2021 20:36

Sorry to self bump

OP posts:
Mummapenguin20 · 09/10/2021 20:57

Hope your ok op i have no advise just someone hoping all goes well for you

LostforWords2021 · 09/10/2021 21:21

@Mummapenguin20

Hope your ok op i have no advise just someone hoping all goes well for you
It's a nightmare,

Thank you for the bump, bump though

OP posts:
Pompom2367 · 11/10/2021 07:20

Do you have legal cover on your home insurance op

LostForWords2021 · 06/11/2021 13:18

I've already thanked the lovely MNetter that sent me this article in a PM

This is the law firm but not the animal charity trying to claim against us.

Not quite sure what to do next, I've sent my counterclaim in and said I'm not guilty?

www.lawgazette.co.uk/law/charitys-private-prosecution-perverting-the-course-of-public-justice/5110429.article

OP posts:
OhMyfanwy · 06/11/2021 14:13

My God , thats shameful of them .

LostForWords2021 · 06/11/2021 20:12

Cheeky evening bump.

OP posts:
Supermohican · 06/11/2021 20:18

Wow, how do they sleep at night? So sorry for you, this will put even more off rescue and towards puppy farms. You are a lovely human being, I hope this doesn’t put you off for helping in the future.

BordelDeMerde · 06/11/2021 20:26

Bumping for you, Op.

I have no advice, but I'm really sorry you're going through this, it must be very stressful for you. And you did such a kind thing. Flowers

LostForWords2021 · 06/11/2021 20:32

@Supermohican

Wow, how do they sleep at night? So sorry for you, this will put even more off rescue and towards puppy farms. You are a lovely human being, I hope this doesn’t put you off for helping in the future.
It did indeed put me off. I now have a puppy - a lockdown puppy! Who is current;y happily sleeping on me with fireworks going off outside!
OP posts:
LostForWords2021 · 06/11/2021 20:33

@BordelDeMerde

Bumping for you, Op.

I have no advice, but I'm really sorry you're going through this, it must be very stressful for you. And you did such a kind thing. Flowers

It is very stressful, I spent hours collating my 200 page + counter claim and worked out we had spent in excess of £4k on our old boy on vet bills etc

We loved him.

OP posts:
LanaDelBoy · 06/11/2021 20:55

[quote LostForWords2021]I've already thanked the lovely MNetter that sent me this article in a PM

This is the law firm but not the animal charity trying to claim against us.

Not quite sure what to do next, I've sent my counterclaim in and said I'm not guilty?

www.lawgazette.co.uk/law/charitys-private-prosecution-perverting-the-course-of-public-justice/5110429.article[/quote]
Wow at that article! At least you know it's nothing you've done.

ShoesEverywhere · 06/11/2021 21:02

From that article it sounds like you of it gets there, you should elect to face trial in the crown court (I'm not a lawyer though!) I read the Secret Barrister's first book all about our legal system and it taught me about choosing to go to trial in the crown court (not that I remember much but you should probably read it! Very enlightening book).

Supermohican · 06/11/2021 21:06

Shame, I always rescue rather than support breeders but completely understand why you were put off. This needs exposing. Can you post on SM under another name?

Supermohican · 06/11/2021 21:07

@ShoesEverywhere

From that article it sounds like you of it gets there, you should elect to face trial in the crown court (I'm not a lawyer though!) I read the Secret Barrister's first book all about our legal system and it taught me about choosing to go to trial in the crown court (not that I remember much but you should probably read it! Very enlightening book).
I wonder if he might help actually? He is very approachable.
steppemum · 06/11/2021 21:07

one thing I would do now is to get a ocmplete schedule of all the treatment and costs from your vet.

If you only have 14 days, it may take a few days for the vet to sort this.
You may be able to download it (our vet records visits online)
They should be willing to do this as they would do it for an insurance claim etc.

That list is an important part of your defence as it shows that you took appropriate care of the dog and that you paid for it.

steppemum · 06/11/2021 21:13

sorry, ignore me, I missed a couple of pages of what is happening

TreaterAnita · 06/11/2021 21:41

@ShoesEverywhere

From that article it sounds like you of it gets there, you should elect to face trial in the crown court (I'm not a lawyer though!) I read the Secret Barrister's first book all about our legal system and it taught me about choosing to go to trial in the crown court (not that I remember much but you should probably read it! Very enlightening book).
It’s a civil claim for damages so will be heard in the county court. Crown/mags are for criminal cases.

OP - that kind of judicial criticism of a firm is unusual to say the least. I’m not sure if anyone has asked this already, but do you have any legal expenses insurance, eg under your home insurance? I can’t see how their claim against you is winnable, but even so good legal representation will help and you might be able to make a counter claim. I’m so sorry that you’re going through this shit for doing a good thing. They should be bloody ashamed.

CaptSkippy · 06/11/2021 21:44

OP, I think you need legal counsel in this case. The foster/adoption agency is supposed to advise you about medical treatment before you take in a foster animal and you're suppose to sign for an agreement which clearly states what you can and cannot do without their approval.
Usually, seeking medical treatment, unless it's an emergeny, is one of them.

From the sound of it, it seems like there was no paperwork in place for this foster dog and it also seem like they did not advice you properly before hand.

Please seek legal advice before you do anything else (including exchanging anymore messages with either the clinic or the agency) and make a record as accurately as possible of everything that happened as you remember it. Also gather up as much evidence of communication as you can.

LostForWords2021 · 06/11/2021 21:57

@steppemum

one thing I would do now is to get a ocmplete schedule of all the treatment and costs from your vet.

If you only have 14 days, it may take a few days for the vet to sort this.
You may be able to download it (our vet records visits online)
They should be willing to do this as they would do it for an insurance claim etc.

That list is an important part of your defence as it shows that you took appropriate care of the dog and that you paid for it.

Thank you. I have all of this paperwork and sent copies to the court as requested.

I'm not guilty

OP posts:
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