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JoedeeUK
Dogsey Veteran
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Location: God's Own County
Joined: Apr 2005
Posts: 7,584
Female 
 
16-07-2006, 06:36 PM
but is registered under her name with the microchip company.
Actually all that is registered with the microchip company is the microchip & where it was implanted So she owns the microchip in the dog !

I'm not sure about Scottish law, but certainly under English & Welsh property law a microchip does not prove legal ownership as it is not deemed a "permanent"identifying mark(ie it can be removed without permanent damage to whatever it is implanted in)

I would certainly not hand over the dog & would take steps to permanently identify him with you as the owners
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Alan
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Location: Kilmarnock
Joined: Jul 2006
Posts: 5
Male 
 
16-07-2006, 07:48 PM
Encouraging news although i'm not sure if the microchip can be removed but that's a path i'd rather not go down - hopefully with legal advice we can force her to hand over the documents and just get his owner details changed.

Honestly, I have heard all sorts - she is claiming that she was informed he was put down almost 3 months ago ( I have had Angus for 7 weeks) and that she has documentation to support it. On this note, I would have thought that a vet would have to do this and that they would keep some kind of record - so being that Angus is very much alive (and happy!) and in my living room right now it would be impossible for a rescue home to have records to the contrary.

Much of what I have heard from her seems to me to be made up in an effort to get the police to just take Angus which hasn't worked. However, hopefully I will know more tommorrow, fingers crossed.
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JoedeeUK
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16-07-2006, 08:04 PM
i'm not sure if the microchip can be removed but that's a path i'd rather not go down
You don't have to have it removed, but because it can be removed without permanently damaging the dog(unlike removing a tattoo)it isn't treated as permanent in law & as such therefore can not be used to prove ownership(for example it could be removed & implanted in another dog by thieves or unscrupulous oweners)
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Olly
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Location: worthing sussex
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17-07-2006, 07:01 PM
Hello i dont know anything about law but i do remember reading in DOGS TODAY a few months ago that microchips dont prove the ownership of the dog only the of the mircochip itsself i know it sounds batty i thought so at the time but it seems in your case it could be a good thing ,goodluck
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tillytails
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Location: South Bucks, UK
Joined: Jan 2006
Posts: 316
Female 
 
18-07-2006, 08:27 AM
Hi Alan and welcome to the forums!

I'm not sure if this applies to dogs, or in Scotland, or if your circumstances could be considered similar, but my local vets and the Cats Protection League told me that a cat left in their care and not claimed within 7 days becomes their responsibility. I found this from a quick Google so it looks lilke it might be the same:

"Your council must collect stray dogs and accept a stray if taken to the appropriate collection point. You have a right to the return of your dog if you claim it within 7 days but the council may charge for the cost of keeping it plus a surcharge of up to £25 . Stay dogs may also be picked up by or taken to the police.
If you do not claim your dog the council has the right to find it a new home, but if this proves impossible the dog may be put down."


Source: http://www.scotland.gov.uk/housing/leaflets/lecs-03.asp - see section 3.4 Dog Nuisance

Maybe worth a call to your local dog rescue centre or even your council's environmental offices/dog warden to see if they can help clarify.

Good luck and do post your progress !
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tillytails
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Location: South Bucks, UK
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18-07-2006, 08:39 AM
Me again

Have just found this website from the Dogs Trust pages and this is what they say about dog ownership: http://www.doglaw.co.uk/legal/custody.php

It says they offer telephone advice too : http://www.doglaw.co.uk/index.php
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