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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?

34 replies

LostForWords2021 · 26/02/2021 18:07

I’ve NC and have posted in legal matters 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:
Lastbonestanding · 26/02/2021 18:11

From what you have said you did then a big favour and they are getting to hound you for it. Why? Are they annoyed with you about something? It must be very worrying for you. I doubt they will get very far with whatever they are trying to do.

NoSquirrels · 26/02/2021 18:11

How odd.

So you don’t know what the questions are?

JesusInTheCabbageVan · 26/02/2021 18:13

Does the letter say which part of the contract you're accused of breaching?

BingBongToTheMoon · 26/02/2021 18:14

Read the copy you kept of the contract you signed at the beginning.

NoSquirrels · 26/02/2021 18:14

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

Did you literally say “We had Dog PTS today” on the WhatsApp and then left the group?
I mean, that could be rather abrupt and I’d be worried if I were them that something strange had happened.

But a solicitor letter out of the blue sounds well OTT.

NerrSnerr · 26/02/2021 18:16

Do you know what you're actually supposed to have done? Are they saying you stole the dog? (Sorry if I'm missing the obvious)

EggysMom · 26/02/2021 18:20

Sorry if I cannot see it, but just how are you meant to have broken the contract - by having him PTS?

HelloDulling · 26/02/2021 18:24

You’re accused of theft? Of the dog you agreed to adopt?

Original poster
LostForWords2021 · 26/02/2021 18:34

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 offered but we said no especially after thinking we had adopted him as I then believed he was my responsibility.

OP posts:
Thermalpants · 26/02/2021 18:34

If they are trying to claim breach of contract, they must show that, as a result of the breach, they suffered a loss and deserve to be compensated (awarded ‘damages’) for that loss. Any loss they have suffered must have been a direct consequence of the breach of contract.
I can’t see what loss they could claim for. Did you have to pay a fee to adopt him?

Original poster
LostForWords2021 · 26/02/2021 18:40

@NoSquirrels

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

Did you literally say “We had Dog PTS today” on the WhatsApp and then left the group?
I mean, that could be rather abrupt and I’d be worried if I were them that something strange had happened.

But a solicitor letter out of the blue sounds well OTT.

I know, we were in touch every day. We did explain the decision on the day which was after 2 weeks of deterioration. Their vet nurse was telling us what the vet should be doing which they weren’t.

It was very stressful and personally, we loved him, still miss him, they never met him, he was collected by a volunteer and dropped to us in our garden. They knew we loved him and knew him better than anyone that had never met him. I couldn’t cope after 2 weeks of sleepless nights, saw no point in starting in a group chat for a poor old boy who had passed over and needed some time to myself.

Hindsight, I should have stayed and answered their questions.

OP posts:
Original poster
LostForWords2021 · 26/02/2021 18:43

@Thermalpants

If they are trying to claim breach of contract, they must show that, as a result of the breach, they suffered a loss and deserve to be compensated (awarded ‘damages’) for that loss. Any loss they have suffered must have been a direct consequence of the breach of contract. I can’t see what loss they could claim for. Did you have to pay a fee to adopt him?
We didn’t because we had paid so much in vet bills, our choice because I naively believed he was ours and our responsibility.

I signed a foster contract in the beginning which I didn’t read. Adopting fee should have been £100

OP posts:
NoSquirrels · 26/02/2021 18:48

Their vet nurse was telling us what the vet should be doing which they weren’t.

It sounds like they worried that something weird happened a d you leaving abruptly triggered something in their processes.

I’d just write back politely answering their questions, and on the matter of ‘not being able to authorise euthanasia’ accept that yes, that was in breach of the foster contract but you were proceeding as if you had adopted him, as offered by the rescue and accepted on the group chat.

Can you talk to your friend who first got in touch about it?

gamerchick · 26/02/2021 18:51

Well if they're accusing you of theft, they owe you for vets fees. Sort an invoice out.

Maltay · 26/02/2021 18:57

Have they asked you for access to the dogs health records? I would ring your vet and ask to see the records and if it reads that the vet advised PTS then I really wouldn't worry they won't have a leg to stand on

eurochick · 26/02/2021 18:58

(This isn't legal advice as I haven't seen the documents - just a few thoughts)

If the adoption wasn't valid they owe you for vet fees. You weren't allowed to make the pts decision but I'm struggling to see their loss caused by this.

If the adoption was agreed on the group chat, was the £100 fee mentioned? If so, you owe that. And they would presumably owe you for vet fees up to that point.

Do they not believe the dog was pts and you have run off with it?it's all very odd. It's so strange to engage a solicitor for this.

Original poster
LostForWords2021 · 26/02/2021 19:08

@Maltay

Have they asked you for access to the dogs health records? I would ring your vet and ask to see the records and if it reads that the vet advised PTS then I really wouldn't worry they won't have a leg to stand on
Yes, they asked when we were having treatment issues as they wanted me to put a complaint in against the vet. I obviously agreed and saw no issue - I wasn’t interested in making any complaints, I needed to concentrate on the old boy, it was a very stressful few weeks and also very upsetting he was genuinely a lovely lad and we loved him.
OP posts:
Original poster
LostForWords2021 · 26/02/2021 19:13

@eurochick

(This isn't legal advice as I haven't seen the documents - just a few thoughts)

If the adoption wasn't valid they owe you for vet fees. You weren't allowed to make the pts decision but I'm struggling to see their loss caused by this.

If the adoption was agreed on the group chat, was the £100 fee mentioned? If so, you owe that. And they would presumably owe you for vet fees up to that point.

Do they not believe the dog was pts and you have run off with it?it's all very odd. It's so strange to engage a solicitor for this.

I have a message advising £100 adoption fee but we were going back and forth because he want well so it didn’t get paid and no contract received.

We paid excess of £1k for vet bills, meds, equipment to make him more comfortable like an orthopaedic bed, steps, dog nappies, homeopathic remedies.

OP posts:
kirinm · 26/02/2021 19:15

@eurochick

(This isn't legal advice as I haven't seen the documents - just a few thoughts)

If the adoption wasn't valid they owe you for vet fees. You weren't allowed to make the pts decision but I'm struggling to see their loss caused by this.

If the adoption was agreed on the group chat, was the £100 fee mentioned? If so, you owe that. And they would presumably owe you for vet fees up to that point.

Do they not believe the dog was pts and you have run off with it?it's all very odd. It's so strange to engage a solicitor for this.

I wonder if they're looking at it from a welfare POV.
NoSquirrels · 26/02/2021 19:49

Look, I think because you didn’t put in a complaint about the vet, and you left the group abruptly after having him PTS, they think something dodgy went on.

It’s really upsetting from your POV because you genuinely did your best and loved the dog, but they think something untoward happened.

Get the vet records, what you paid and what treatment etc and write back.

Talk to your friend.

I think much of this sounds like miscommunication via WhatsApp or Messenger. If conversations had been had over the phone/video chat probably all avoided.

I’m sorry, it sounds stressful but ultimately like it will go away with some communication.

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

@NoSquirrels

Look, I think because you didn’t put in a complaint about the vet, and you left the group abruptly after having him PTS, they think something dodgy went on.

It’s really upsetting from your POV because you genuinely did your best and loved the dog, but they think something untoward happened.

Get the vet records, what you paid and what treatment etc and write back.

Talk to your friend.

I think much of this sounds like miscommunication via WhatsApp or Messenger. If conversations had been had over the phone/video chat probably all avoided.

I’m sorry, it sounds stressful but ultimately like it will go away with some communication.

Yes, I agree, I should have handled things better my end although in my defence I was grieving and not thinking straight.
OP posts:
Thermalpants · 26/02/2021 20:21

I agree with @NoSquirrels, OP. You need to talk to your friend, and nip this in the bud. It won’t be worth the rescue centre’s time pursuing this case. The vets fees you paid would be more than the £100 adoption fee. I suspect they’re annoyed that you continued to use the same vet to put the dog to sleep, despite the issues you complained about. Assuming you used the same vet to put him to sleep?

Original poster
LostForWords2021 · 27/02/2021 16:16

@Maltay

Have they asked you for access to the dogs health records? I would ring your vet and ask to see the records and if it reads that the vet advised PTS then I really wouldn't worry they won't have a leg to stand on
Yes they did and the receptionist has sent them to me today. £820 and 2 weeks before we PTS the vet wrote “advised PTS is an option but owner said that wasn’t what they want”

Now I’ve read the notes I’m even more baffled that they have read them and still decided to pursue me for theft.

I have a number to call on Monday for legal advice and I can’t find the rescue registered anywhere as a charity.

OP posts:
Original poster
LostForWords2021 · 28/02/2021 20:16

I don’t want to involve my friend, it all feels quite official.

I now have a solicitor to call tomorrow and have written a time line down. The rescue didn’t even meet or access our boy and didn’t see him deteriorate like we did.

OP posts:
Jfsrhkkydcb · 28/02/2021 20:30

@LostForWords2021

I don’t want to involve my friend, it all feels quite official.

I now have a solicitor to call tomorrow and have written a time line down. The rescue didn’t even meet or access our boy and didn’t see him deteriorate like we did.

That's awful. They're the ones who should be facing legal action. Handing out animals to people when they've never met the animal or the new owner! That's not how proper rescue organisations behave.

I hope you manage to get it all sorted out without too much stress.