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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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I thought I had lost my cat but it had managed to get into

Resolved Question:

I thought I had lost my cat but it had managed to get into the neighbours house when they left the door open to pack the car.
I did not know they were going away, and my partner only mentioned it to me on the Tuesday evening (the cat went missing I thought Sunday NIght when she accidently got lock out of my house (she is a house cat), I still di not consider the idea that my cat could be in their house, as I thought she had been chased off by a Ginger cat that has been haning around.
On Thursday, I started to wonder as she had been missing the same length of time that they had been away. Sure enough the cat was in their house.
After 4 days of no food and water i know the cat would of messed around the house and I do know she prefers to do it on beds. (oh the RSPCA got her out through a window we found slightly open.
The owners of the house were contacted by our other neighbour and so the owners decided to return home a day early on the Friday instead of Satuday.
When I returned home sure enough the bedding was outside, but I did look into getting the house professionally cleand on along with cusions from the sofa.
I have a text from my other neighbour to say that the femal owner of the property is allergic to cats and would be sneezing like mad.
When I got home from work, I went straight round to apologise, to which it seems to me that they will be requesting more compensation than I am prepared to offer.
I am happy to replace the duvet and the duvet set,and comensate them for 1 night hotel stay. But the cusions could either be washed or drycleand and would be fine. and I am still willing to add the £120 that would cover the cost of cleaning th property. but I feel that that is adequate as for someone who is allegic (she did not sneeze once in a good 20 minutes to half hour I was there.
Secondly, she heard me calling my cat before they went away but did not check the property knowing they had left the door open. I did not know they were going away as they have taken a dislike to me since my partner has moved in and no longer speak to me. so would not of known to ask as I did not realise they may of left the door open.
your advice would be helpful
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much compensation are they asking for?
Kind regards
AJ
Customer: replied 2 years ago.

They have not come back with details yet as this only happened fro mon 13 july 2015 till we got cat on 16 July 2015.

but I think it will be for a duvet and duet set, the have already said a night hotel stay all i ma ok with, a dinner which i am not ok with, cushions from the sofa which I would have got dry cleaned.

Like I have already said I will also ppay the cost of £120 that It would cost to have the house cleaned.

Customer: replied 2 years ago.

did you get my reply

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
In law if something escapes from your property and does damage to the neighbouring property then under common law you are liable for that.
The fact that you have offered to compensate them, reflects your duty to do so, however they can only claim for damage and losses that are "reasonably forseeably"not too remote.
Therefore if they want to claim damages beyond what you have offered they would have to prove they suffered this loss and if you still refused to pay they would have to go through the hassle of suing you. This seems unlikely to me as you have offered to pay for the damage within reason. I would consider that a dinner out is not a direct result of the damage suffered.
Have they taken any money from you at this stage?
Kind regards
AJ
Alex J. and 4 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Not at this stage, they said they are going to Itemise the costs and let me know

but I am worried they are going to go overboard. like I say, they what the cost of the dinner they were to have while on holidat which I consider unresonable. they want new cushions were as I feel dry cleaning would of been sufficient.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
If they send you an itemised list, at least they have then shown their hand. You can use this as a basis to negotiate.
If they are that insistent on you paying the whole itemised list, they would have to sue, and then explain to a court why what they are claiming is not unreasonable or unforseeable (for example they would have to explain why the cushions need replacing).
I would wait to see the itemised list and then make an offer based on what you are prepared to pay for. I would explain (in writing) why you deny liability for the items you do not wish to pay for on the basis that they are too remote, unreasonable or do not represent a fair estimate of the loss.
Kind regards
AJ
Customer: replied 2 years ago.

Thank you

how long is it I can use you without further payment

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You should be able to follow up with me on this thread and on this topic for a further 10 days.
In terms of asking further questions, you will need to check with the site administrator.
I would be most grateful for any feedback, and would be happy to deal with any follow up points you wish to discuss?
Kind regards
AJ
Customer: replied 2 years ago.

thanks

Expert:  Alex J. replied 2 years ago.
No problem.
I wish you the best of luck and look forward to hearing from you.
Kind regards
AJ