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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need to ask if a member of the public went to a solicitor

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hi I need to ask if a member of the public went to a solicitor to report abandonment of some animals on her land but the original owners didn't abandon them they were made to leave and she wouldn't let them take the animals with them and the owners where trying to negotiate with her to get them back through their own solicitor, is her solicitor allowed to give her a letter of approval that she was the new owners of the animals without negotiating with the real owners or their solicitors
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
we was ordered to leave the premises by the landlady as we had a 3 yr lease when we tried to leave with our 13 horses she blocked the driveway preventing us from taking them since that day we have had a solicitor and barrister trying to negotiate on our behalf to get them back but she has kept making excuses not to let them go so we have had to put it in court and are awaiting a date she has accused us of abandonment and neglect even though I have a letter from the transport to say she blocked us from taking them that day and I have a letter from vet saying they were all fit to travel she has made out she has a solicitor but we have never heard from him and now ive just learned she has a letter from a solicitor 4 months ago to say as they were abandoned she is the new owner but how can a solicitor give her a letter to say that without contacting our solicitor or barrister when we can prove we didnt abandon them and if we had heard from her solicitor 6 months ago we could have negotiated between solicitors before going to court she answered every reply to my solicitor by e-mails and never told us she had that letter from her solicitor I would have thought if she had a solicitor he would have contacted our solicitor to negotiate and that he wouldn't give her a letter of ownership without trying to contact us or our solicitor unless she has just been to a solicitor and said we abandoned them and never made contact with her please clarify if a solicit can do that as for the last 7 months we have been trying to negotiate to get them back .
Expert:  Jo C. replied 1 year ago.
What is the court case about?
What is the legal challenge?
Customer: replied 1 year ago.
its about her repuditory breach of the lease a horse had a bad accident and needed a vet on a wall what fell down and she refused to repair plus other breaches of the lease and she stopped us taking our horses (our property) I think the barrister said it was section something tort of goods act she was only entitled to keep my deposit for any money owed or damage it says in the lease not horses she refuses to give them back by saying we abandoned and neglected them but I have a letter from the transport people saying she deliberatly stopped them from leaving and I have a vets letter to state when we left all horses were fit and well so she has gone to a solicitor for a letter to help her get duplicate passports so she can claim them but we have never heard from her solicitor surely he should have mediated with us or our solicitor to mediate and save it from going to court before giving her a letter I want to know if a solicitor can do that as if not it may be possible she went to one and just told him animals were abandoned on her property and the owners have never contacted her I think that's how she got it so I want to know if a solicitor can provide that letter even though the real owners have been trying to get them back since they were made to move of the premises forcefully by her
Expert:  Jo C. replied 1 year ago.
Thanks.
I think this is a question for a solicitor rather than a barrister. I will refer it to somebody else.
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Did the new owner ever notify the old owner of the intent to seek possession of the animals?
Alex
Customer: replied 1 year ago.
no she didn't she has just been trying to prove we abandoned and neglected them but we have proof we didn't do either from a qualified vet and a reputable transport horse lorry, she refused to let us take our horses with us when we left but my son was still going there to feed them until I could try to get them back through a solicitor but she then stopped my son going on to care for them in my abcense and told him none of us where allowed on the property, and if we went on then she would have us for trespassing and she intended to keep our horses and has refused to let us have them back since then.
Expert:  Ash replied 1 year ago.
What is it you would like to know about this please?
Alex
Customer: replied 1 year ago.
a solicitor gave her a letter to say she was the new owner. but I want to know if a solicitor would give her that letter if he knew the owners had not abandoned or neglected them and had been trying to get them back through a solicitor since we left, and if her solicitor knew we were trying to get them back wouldn't he have tried to mediate with our solicitor first before giving her that letter
Expert:  Ash replied 1 year ago.
This is called bailment. Assuming they were given 30 days to confirm ownership and after 30 days the new owner can assume the rights.
If the Solicitor did not do this or knew they were not abandoned then that is a professional conduct issue and is very serious.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
we didn't have 30 days notice from anyone we have been trying to mediate with her via my solicitor and then a barrister since we left on 18th june 2015 to get her to return them back to us my solicitor and barrister has given her a few dates to release them back to us since we left but either she has kept making excuses that its inconvenient on those dates for her that the solicitor and barrister has given her or she's made out we refused to pick them up on the dates she gave us we have never heard from her solicitor even though my solicitor has told her to get legall advise from the date we left all she kept saying was she was dealing with us through the small claims court that was 8 months ago and we still not heard from small claims court we have had to put her in court and she said in an e-mail to my solicitor that her barrister said and I quote ( the case doesn't warrant going to court )yet her solicitor's never wrote to ours to mediate to save it going to court she's always replied back via e-mails from her phone. can u tell me if we had a legall right to mediate through solicitors to try to reach a conclusion and save it going to court before she did what she has done, and if she could assume the rights of ownership without consulting us and solicitors before claiming they are hers
Expert:  Ash replied 1 year ago.
Is there a legal right to mediate - no. That can just be dealt with in costs if there is a refusal to mediate.
Does that clarify?
Alex
Customer: replied 1 year ago.
does that mean if she has refused to mediate a conclusion I can claim costs on those grounds in court, I also asked in my last question can she just assume rights of ownership without consulting us or our solicitors before claiming they are hers
Customer: replied 1 year ago.
does that mean if she has refused to mediate for a conclusion I can claim costs on those grounds in court , I also asked in my last question can she just assume rights of ownership without giving us 30 days notice or without consulting our solicitor before claiming they are hers .
Expert:  Ash replied 1 year ago.
Yes it means that even if you lose then you still could claim costs because of the refusal to mediate.
Can I clarify anything for you?
Alex
Customer: replied 1 year ago.
thank you alex that has answered the first question but I also asked can she assume rights of ownership without giving us that 30 days notice or without mediating with our solicitor to reach a conclusion before claiming they are hers
Customer: replied 1 year ago.
sorry I put this question in the wrong box so I am re writing it here thank you for clarifying one question but I also asked can she assume rights of ownership without giving us that 30 days notice or without mediating with our solicitor to reach a conclusion before claiming they are hers
Expert:  Ash replied 1 year ago.
They can not assume right of ownership if they did not give you 30 days.
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.
hi alex thank you for your reply and all your help I will now rate you