Can anyone offer me advice?

Hi There,

I have just joined this forum and hope that someone out there can offer me some advice on a problem that I have.

2 months ago, my partner and I took ownership of a Lab Colly cross called Angus who is a year old. We were offered him as my partners brother split up with the woman he was co-habiting with.

The woman called him at his work to say that she had left him and had taken everything. When he got home he found that she had taken everything - right down to his toothbrush but had left Angus and another dog in a cage (which only seems big enough for angus in my opinion). As my partner's brother works full time he wasn't in a position to look after the dogs and he managed to re-house them within two days. When this woman asked how the dogs were doing she was told that they had been re-housed. We heard nothing for 2 months and have since then payed Angus's vet bills and looked after him. His microchip is still in this womans name and since she found out that we are the dogs owners has blocked us changing the details on it.

Last Thursday, this woman approached my partner and demanded the dog back. Obviously her request was refused and the police had to be called to remove her from the property.

I have been on the phone to the Scottish SPCA who advised that under no circumstances should the dog just be handed over. I am also trying to seek advice from a Lawyer who specialises in Animal Welfare but trying to find one is proving tricky.

This woman has shown no interest in the other dog that was rehoused - just Angus, which appears to be because she is determined to get back at my partners brother any way she can.

In my mind she abandoned the dogs and despite the microchip problem proved to be an irresponsible dog owner (she only walked him once and left all the other times to her two 15 yr old kids and partner)

I am seeing our vet tommorrow and a solicitor to see if they can direct me in the best way to deal with this problem as the woman is refusing to hand over the documentation which is required to change Angus's microchip details.

Sorry I have blabbered on here, but in the space of two short months Angus has become a member of my family and I am determined not to hand him over as I feel he will not be given the love and care that he deserves. I have never owned a dog before but If I had known how good it was I would have got one years ago.

I hope someone out there can maybe offer some advice. Thanks for the time you have taken in reading my post.

Regards,


Alan

In whose name is the dog registered (i.e. microchip, council registration, etc.)? Joint ownership? Was there a formal handing over of the dog - signed transfer of ownership?

If none of those things, and ownership is disputed, then a legal opinion is probably the way to go. However, I do know of a situation in which all ownership was invested in one party but, because the dog had been gifted to another party the latter was determined to have legal ownership of the dog against all protestations and a court case brought by the original owner.

Hi Alan, welcome to the forum. I am not in a position to offer advice you seem to be doing everything you can. As this person walked out and left the dogs and has not asked about their welfare for 2 months I think, in law, she may have a problem getting them back. Did the lady and your brother buy the dog or did she bring the dog with her? If she brought the dog with her then she may be able to claim it back having paid you for the cost of kennelling, feeding and vets fees. But think you need to take advice from someone who has experience in these matters.

Sorry SB, was typing whilst you were posting, think I have repeated what you have said.

Thanks for getting back to me

Angus was bought by both my partners brother and this woman from a rescue home but is registered under her name with the microchip company.

The good thing is that the police cannot get involved as this is a civil matter, however we are concerned that the woman could simply try and snatch the dog while we are out with him.

If you haven't already picked up on this the let me tell you that this woman is a complete bunny boiler!

The only good thing at the moment is that she hasn't been back since Thursday. I also think its highly unlikely she will start any proceedings against us as to her Angus is simply an expense that she has no interest in taking on and has absolutely no interest in caring for him.

I'll see what the vet says tommorrow, but during my various calls to solicitors i was told by a receptionist that she was involved in a similar situation. According to her vet, she was told that if she had been paying the dogs vet bills and housed him then she was the owner.

Unfortunately vet are not lawyers, if, and I don't know but if, this dog is considered in law the property of 'this woman' then before she could claim it back she would, in law I believe, have to pay you for the expenses incurred by you in keeping this dog for her, your inconvenience and distress before she could reclaim her dog and I think a solicitor may tell you to send her your bill and see what her reaction is. Would not mind betting you will be told to keep the 'B' dog anyway, but it is a chance you have to take, the dog is registered in her name and the law may decide that the dog is hers if she pays her debts to you. Two months kennelling can be very expensive at about £14 a day plus vets bills. Pain and distress could amount to a few thousand. I wonder if getting one over on your brother is going to be worth that amount of money, depends on the wealth and determination of ‘this woman’

Hello Alan and welcome to dogweb. I really hope you get this dispute sorted out, it must be very stressful for you. Cant give you any advice, but hope it all goes in your favour.

I am so angry that this woman abandons her dog and is demanding for him back two months later! I assume she only wants Angus back out of spite and probably so she can sell him.

I think you will find she lost all rights to Angus when in the laws eyes she abandoned him. If she left and took all that belonged to her and she left Angus behind then he obviously does not belong to her.

If she snatchs Angus back then you have every right to call the police and demand they do something, it is theft at the end of the day even when you know who done it.

I wish you all the luck in this case, it sounds to me that Angus is a lot happier where he is now, good luck

We have had several posts on micro chipping and whether or not it proves ownership in the eyes of the law. It would appear that it only proves you own the chip


http://www.dogsey.com/showthread.php...=microchipping

reading this may help, Also all vets act differently, I had a cat that was chipped and went missing for 5 months, "the new owners" took her to the vets and they automatically scanned her and phoned me and asked if they wanted me to hold onto the cat or was i willing to let them keep her. I wanted her back, so they kept the cat for me to collect.

i would just like to say thankyou to everyone that has replied - people have been encouraging and informative and I hope that everything works out ok. It has been nice being able to talk about the problem as it has been quite stressful to both me and my partner and being able to discuss it with people, in a way has been helpful.

I notice there is a place to post a picture of your dog, and I have decided that once I get this mess sorted out that I will post a picture of Angus. i think he's brilliant - a wee cracker, but I dont want to jump the gun and think I'v got him forever. It's hard after only 2 months to start thinking that he's with us for good only for this come up. But he is a star - and quite handsome too i guess for a dog!

This is a really good site to visit in general and I will be coming back here on a regular basis, there are some nice people here.

thanks everyone

Alan