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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6394
Experience:  English solicitor with over 12 years experience
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My 81 year old mum has just had her 8th stroke and lives her

Customer Question

My 81 year old mum has just had her 8th stroke and lives her a small dog, I thought the dog was too much for her to handle and advertised for her to go to a new home, delivered the dog this evening to a lovely family and got back home to my brother threatening to phone the police as my mum is distraught, I thought I was doing the right thing. I phone lady and profusely apologised and offered to go Collect the dog and provide £100 compensation for any trouble. They are refusing to give dog back and mum says I had no right. What is my rights thank you
Assistant: Where are you? It matters because laws vary by location.
Customer: Northern Ireland
Assistant: What steps have you taken so far?
Customer: phone lady to apologise and offer to collect her in the morning (this only happened at 7pm this evening and offered £100 compensation, mum says her dog and wants it back, I thought I was helping her
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: just need advice please
Submitted: 7 days ago.
Category: Law
Customer: replied 7 days ago.
Am I likely to receive a response this evening? Thanks
Customer: replied 7 days ago.
Can you confirm this is a 24/7 service? Thanks
Customer: replied 7 days ago.
Sorry to be a pain but is it likely soon? Or tomorrow?
Expert:  UKSolicitorJA replied 7 days ago.

Hello,

 

I am afraid once the dog has been gifted and delivered to the family, you cannot force them to give it back unless they agree to do so voluntarily.

 

You may try and get a replacement dog if possible.

 

May I help further?

Customer: replied 7 days ago.
Unfortunately that is not the advice the police have given my mum. They have advised because she is the owner and did not give permission for her to be rehomed then the new owner has not got the right to keep her
Expert:  UKSolicitorJA replied 7 days ago.

Have the police taken any action against the new family?

Customer: replied 7 days ago.
This only happened at 7pm last night, they spoke to me at 1am this morning and advised that I have to request the dog back as it’s “technically” stolen and if that doesn’t happen they will visit my mum and start a complaint procedure I’m thinking against me in the first instance to then recover the “stolen” dog?
Expert:  UKSolicitorJA replied 7 days ago.

It could help getting the dog back if the police are willing to get involved but you need to bear in mind that you may get a criminal record.

 

Usually, this would be a civil law matter and like I said, if the family did not have notice, they do not need to give the dog back.

Customer: replied 7 days ago.
If they don’t have to give the dog back why would the police say the owner (my mum) would have had to give permission and i cannot pass on ownership because i am not the owner
Customer: replied 7 days ago.
What does the “family have notice” mean?
Expert:  UKSolicitorJA replied 7 days ago.

This is a complex area of law and the defences of estoppel or agency may arise. See here for further reading: https://www.netlawman.co.uk/ia/selling-goods-non-owner

 

Like I said, as this issue involves a dog and not an expensive stolen motor vehicle, it is likely that the family will return the dog if the police are involved and they would not go to court over it.

 

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