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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My elderly cat was taken from outside my house, transported

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My elderly cat was taken from outside my house, transported over 17 miles, kept overnight in the house of a so called 'cat rescue', taken the following day to a vet where he was euthanised. At no time was any attempt taken to locate his owner, and only by sheer persistence did my daughter find him on their facebook page, but with no information other than he had been euthanised. My cat was over 18yrs old and was receiving vetinary care in his home town. Is there any redress should I contact a local solicitor?
Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Why was he taken in the first place?

Customer: replied 5 months ago.
I have no idea why he was taken. However today I have heard anecdotal reports of other missing cats in this area. My cat was very old and thin, but receiving vetinary care in our town for a bladder condition. In view of his age we had opted for quality of life as opposed to further investigations and were aware that his life was limited. Having spoken to the senior partner at our vets after we discovered his fate, I have a printout of his medical care. I believe that the person responsible probably lives nearby and is a cohort of the so called 'cat rescue' over 17miles away. Having spoken to the owner of 'said cat rescue' it appeared to me that whoever picked him up was familiar to her, as she described her as a 'caring' person. My cat was described as a stray in poor condition, and she was concerned for his welfare. That being so, why was he driven nearly 20 miles away and not taken immediately to a local vet where we could have easily located him? Why was he kept overnight before attending a vetinary surgery? No attempt whatsoever was made to locate his owner. She appeared to have her own agenda. She made a value judgement about my cat and us as owners the inference being we were uncaring and neglectful. Far from the truth.This behaviour is outrageous vigilanteism and the police have no interest in it at all. The 'cat rescue' has given me no satisfactory explanation. I believe they lie and when caught out, put the phone down and will not answer. They do not appear to be a registered charity. I can not find them on the Charity Commision website. They do appear to engage in fund raising activities, but do they have adequate book keeping and appropriate records?
Her Facebook is very closed and it is not easy to gain a phone number or an address. However I do have her address through the vetinary practice where he was put to sleep. Probably because I said I was intending legal advice, but unless the 'cat rescue' divulge the person who took him in the first place I have no idea of what,or any action I can pursue.
Expert:  Ash replied 5 months ago.

Ok you need to seek a court order requiring the cat rescue to disclose who it was that took your beloved cat. Once you know who it is you can seek damages

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?

Alex

Customer: replied 5 months ago.
Thank you. How do I go about getting a court order? Is this The Small Claims court you mean?
Expert:  Ash replied 5 months ago.

Yes it's a small claim. You would need to make an application to court.

It's form n244

http://www.philmartin.co.uk/uploads/7/0/4/9/7049992/_feb_2014_application_n244.pdf

Does that clarify? Alex

Customer: replied 5 months ago.
Thank you. How do I go about getting a court order? Is this The Small Claims court you mean? If the 'cat rescue' do divulge the name and address of the person who took my cat do I need to take out a seperate court order for that person?
Expert:  Ash replied 5 months ago.

Yes you make an application for disclosure.

Then you sue that person using the small claim procedure.

Does that clairfy? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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