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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 28988
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have all documentation for my dog, can I retrieve it from

Customer Question

I have all documentation for my dog, can I retrieve it from niece
JA: Where are you? It matters because laws vary by location.
Customer: Eastbourne East Sussex
JA: What steps have you taken so far?
Customer: Police they say I have total ownership
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Im worried about cost, I’m 70 yrs old, I need to retrieve my dog, police can’t help anymore as it’s a ciival matter, their basically saying take all documentation n get him, going through solicitors will take too long, police know their lying they’ve checked everything out
Submitted: 15 days ago.
Category: Law
Expert:  Joshua replied 15 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

I am very sorry to read of the above and I imagine what a difficult position it must be. I will certainly try to clarify your options.

May I confirm in particular what documentation you are seeking to retrieve please? Do you refer to the owner registration certificate?

Customer: replied 15 days ago.
I have all documentation, I want to retrieve my dog, quick answer please
Expert:  Joshua replied 15 days ago.

thank you for the clarification. based upon what you say, you would need to consider an application to the High Court for wrongful retention of goods together with costs. Providing you have unequivocal evidence of ownership of your dog, the first step in this regard would be to serve a written notice upon the individual that is keeping your dog of a demand for its return within say seven or 14 days warning that if the dog is not returned, you will commence proceedings in the High Court for wrongful retention of goods together with an order for costs against them.

if they ignore you, then you can make a claim using the following form under the torts ( interference with goods) Act for wrongful retention of your property and in order that your dog is returned to you. It is also worth making a secondary claim for what is known as " conversion" whereby you ask the court in the event that your dog has been sold in good faith ( both what you say this does not apply) by the person that has got your dog, but instead, the court orders damages to be paid to you in lieu of its return. As above, this should not apply but it is useful to include as a secondary provision in case your dog has been sold at the point you make the application and it cannot be returned.

The application can be made on form N208 and it must be sent to the High Court together with a fee of £528. you can apply for costs against the person holding your dog if you are successful. You will need to include some evidence that the individual has your dog be it an acknowledgement from them or some other form of photographic evidence or you mentioned that there is documentation with the police.

If the court is satisfied you both own the dog and that the person you apply against is holding your dog, the court will make an order that it is returned.

https://www.gov.uk/government/publications/form-n208-claim-form-cpr-part-8