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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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I had adopted a dog from a rescue centre.she got out of my

Resolved Question:

I had adopted a dog from a rescue centre.she got out of my granddaughters home, and was missing for 2days.because she was still micro chipped to the rescue,she was returned there.the owner ,Sheila stewart would not give her back to me saying I had neglected her,which is untrue.since then she has rehomed my dog, even though I have all relevant paperwork, saying she is mine.i am sending her emails but she has lied and blackened my name.i was able to go on judge rinder on tv, but when approached she declined the offer. she keeps threatening me with the trust solicitors, and I have told her to do so.im a pensioner and have no money to go to civil court.can you help please. my name is ***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 2 years ago.

I would like to know if she behaved legally and if I have any chance of getting my dog returned and a successful conclusion. I have suffered emotionally from this and she took my money and has rehomed the dog and received a further £100 for her. I feel strongly that she should not get away with this behaviour and would take her to court but do not have the money. Do you have any suggestions?

Expert:  Jo C. replied 2 years ago.
It depends what the adoption contract says. Quite often with rescues they do purport to give rescues the right to reclaim in some circumstances. That would be subject to a reasonableness test but if they could show actual neglect probably would be upheld.
In any even though, if you want this dog back particularly then you would have to seek a declaration of ownership and a possession order from the new owners. The dog has been rehomed.
You could sue the rescue for the actual amount of money that you paid them but that isn't what you want. That would be much cheaper to do although there would still be a cost involved.
I'm afraid that without money though there is no action that can be taken. It is not expensive really to issue. Probably around the low hundreds but that is the cost of suing and it will not be waived I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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