Need some advice - contesting a claim for expenses

[dawny1970 10]

counter claim due the the distress their dog and they caused YOU

[madasfish 10]

The money claims online form is from the offical MMRC website ; there is lots of information on there re responding to these claims too....so that really should be your first port of call.

[Annoni_mouse 10]

The money claims online form is from the offical MMRC website ; there is lots of information on there re responding to these claims too....so that really should be your first port of call.

 

Yeah, I've had a quick scan and it appears that I can contest it online or acknowledge the proceedings to extend the response period to 28 days.

 

I'm still keen to counter claim, but the question is - what price do you put on the distress caused by the incident? They are making a claim of £50 for distress but as we were the subject of the abuse, I would think our 'distress' would be considerably more than theirs!

 

I reckon a call to the CAB is on the cards...

[clairelaw123 10]

If it was me I don't think I'd bother with games such as counter claims, it could go on forever. I think I'd speak to them and tell them that if they didn't stop being so childish I would take legal action against them regarding the abuse received.

Also, if they're claiming it was their dog at the time, isn't it neglect on their part as the owners, not yours?

[madasfish 10]

Yeah, I've had a quick scan and it appears that I can contest it online or acknowledge the proceedings to extend the response period to 28 days.

 

I'm still keen to counter claim, but the question is - what price do you put on the distress caused by the incident? They are making a claim of £50 for distress but as we were the subject of the abuse, I would think our 'distress' would be considerably more than theirs!

 

I reckon a call to the CAB is on the cards...

 

Yep - seems sensible but really feel they are just chancing with this...

Edited March 4, 2011 by esme
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[ukstudent 10]

If it was me I don't think I'd bother with games such as counter claims, it could go on forever. I think I'd speak to them and tell them that if they didn't stop being so childish I would take legal action against them regarding the abuse received.

Also, if they're claiming it was their dog at the time, isn't it neglect on their part as the owners, not yours?

 

I would have to agree, especially with the first part.

[Rupert_Baehr 10]

You need legal advice.

 

But remember - While you are looking after a dog, you are responsible for it.

 

When my dogs go into kennels [actually, they're looked after at home by a 'doggy' lady] I am required to produce proof of immunisation and proof of liability insurance..

[Aries22 10]

Think the original owners knew their dog would return, Have you thought that maybe they done this before.

[warrior8 10]

You need legal advice.

 

But remember - While you are looking after a dog, you are responsible for it.When my dogs go into kennels [actually, they're looked after at home by a 'doggy' lady] I am required to produce proof of immunisation and proof of liability insurance..

 

They weren't looking after it though. They had rehomed it.

 

You need to make sure that your friend will confirm the rehoming as otherwise you will have difficulty proving it was your dog at the time it went missing. I assume it wasn't a formal rehoming e.g. from a rescue centre so there won't be any paperwork.

[scottf 21]

Make sure you get a copy of what is on your facebook profile, it could help with the case.

[Annoni_mouse 10]

They weren't looking after it though. They had rehomed it.

 

You need to make sure that your friend will confirm the rehoming as otherwise you will have difficulty proving it was your dog at the time it went missing. I assume it wasn't a formal rehoming e.g. from a rescue centre so there won't be any paperwork.

 

Hi

 

We dont have any formal contract or such, but we do have a copy of the facebook conversation which includes a verbal agreement for us to rehome the dog.

 

I did contact the CAB but there legal advisor only works Thursday So they put me in touch with the community legal advice organisation who have given me a number of contact details for local legal advice services, but we may be slightly 'hamstrung' (probably not the right expression given the circumstances!) by the fact that we wont qualify for legal aid due to our income.

 

Can anyone suggest a solicitor who would provide a (preferably free!) initial consultation?

 

Make sure you get a copy of what is on your facebook profile, it could help with the case.

 

Done and done

[Annoni_mouse 10]

Don't bother - "distress" claims NEVER succeed in cases like this, it would need to be real "killed the dog in a horrific way in front of my entire family" kind of level.

 

And even if it is held to be their dog, unless they can prove negligence, which they can't as your current fence has i assume been successful at holding your current dog in for some time previously (?), then they have no case, There is no issue of "lack of care", besides which it would have to be the dog claiming, you can't make a civil claim for lack of care to a pet, unless through negligence (cruelty is of course criminal).

 

Thanks.

 

Yeah, the fence has so far succesfully contained (if that's the right expression?) our own dog for the past 3/4 years as well as three other dogs who we have rehomed/helped to rehome over the same period. None of the dogs had jumped the fence until this particular episode.