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Need some advice - contesting a claim for expenses


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Hi all,

 

We recently agreed to rehome a dog for a friend. The dog belonged to a family whom we didnt know, but we agreed to rehome him as we had previously had good experiences with the friend involved.

 

We received the dog and let him on to our back garden to familiarise himself with our dog. However, after playing with our dog for a little while, the new dog vaulted the fence and legged it. I wasnt home at the time, but my partner immediately tried to get the dog back but it wouldnt return to her, so my partner and her friend (the one who had arranged the rehoming) set out to look for the dog. After an hour of searching, the dog still couldnt be found, and as we have an 11 year old daughter, my partner was anxious to get home to her. The friend continued to search and my partner contacted Sheffield animal control to report the dog missing.

 

As I have mentioned, I was at work so couldnt help with the search, but as soon as I had finished my shift, I drove around the estate to look for the dog, without success.

 

During this time, we had heard that the original owners were on there way to look for the dog (at their own behest) and when they arrived at the house, I informed them of what had happened as well as give them a description of the area as they werent familiar with it.

 

As it was late by this stage and I was at work early, we went to bed (the friend who had arranged the rehoming had continued to look but had to give up as it was too dark to continue the search).

 

The next morning, the original owners had bombarded my OH's facebook account with abuse, insults and threats. We tried not to respond to these comments, other than to point out what had actually happened and that we didnt appreciate the threats.

 

So, today we received a claim for expenses for their search for the dog, including a claim for 'distress'. As you can imagine I am livid, but I could do with knowing what to do next as my gut reaction is to make a counter claim for the threats and abuse we received!

 

(BTW the dog was found the next day by the friend who had arranged the rehoming)

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It is a claim from a solicitors?

 

It's a county court claim which by the looks of it has been done through 'Money Claims Online'. I'm assuming it's been done by the family in person rather than through an actual solicitor (although that is just an assumption as I'm somewhat non-plussed by legal matters)

 

How do they think they can make some sort of claim? It isn't their dog any more unless I have misunderstood your post.

 

At the time of the dog escaping, he was 'ours' although after he was recovered the dog was returned to them (as you can understand, after the abuse etc. we didnt want anything to do with them or their dog!)

 

The claim pertains more to the expenses of their travel, loss of income (!) and distress caused etc. rather than for the actual dog.

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...to go looking for a dog that didn't belong to them, at the time?

 

That's about the size of it yes!

 

The actual claim reads

 

'reimburse me for the costs whilst having to search for my lost dog - following your total lack of care whilst looking after my whippet for a possible rehoming. You let him out when only having met him one hour approx in an area which is known as a very bad area for dog fighting/baiting'

 

I've put the word having in bold as no one actually asked them to come and search for the dog! (And I would also like to point out that the dog was in an enclosed garden at the time it was off the lead)

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It it was me (and this is in no way, legal advice); I'd ignore it, let it go to court, and I'd also keep evidence of their abuse.

 

i doubt the op needs to worry, however you can't ignore it.

 

there are forms and things that need to be returned by specific dates and you need to do that or you will end up with judgement being entered against you by default.

 

you should seek some advice from somewhere like the CAB, and maybe you should give the solicitors in town who offer a free half hour a chance. i'm sure they will enjoy a laugh.

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i doubt the op needs to worry, however you can't ignore it.

 

there are forms and things that need to be returned by specific dates and you need to do that or you will end up with judgement being entered against you by default.

 

you should seek some advice from somewhere like the CAB, and maybe you should give the solicitors in town who offer a free half hour a chance. i'm sure they will enjoy a laugh.

 

Thanks. I think we'll definately try CAB first and perhaps consult a solicitor. We have 14 days to reply so we should be able to get something sorted. Given the way this whole thing has panned out, I'm quite serious about lodging a counter claim (we have copies of all the abuse from FB)

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there are forms and things that need to be returned by specific dates and you need to do that or you will end up with judgement being entered against you by default.

 

What forms?

 

Can't you just leave it until (if) you receive a court summons?

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