Dog mauled cat, neighbours' harassment, court on 30/11/07

[den3371]

Does anyone know what I can do about a Neighbour who constantly lets his dogs foul in the communal garden and not cleaning up after them?

 

This has been going on for months, he originally had 4 dogs, over the recent months he has cut down to 2 dogs so I guess the fouling isn't as bad, nonetheless, with the warmer weather I have had my windows open and being on the ground floor, the smell is pretty bad.

 

I spoke with the gardener who is employed by the Management Company for the flats about the problem and he told me that he has mentioned it as he has to pick it all up before mowing the lawns each week but the Management Co. are unwilling to do anything about it. I also complained to the Management Company but have not had a response to my e-mail or telephone call.

 

We live literally 3 minutes walk from a park with dog fouling bins, but the dogs are allowed to run around free in the gardens. I also have a concern for my Son and his friends when they play out there as these are Staffordshire Bull Terriers and very strong dogs. I have in the past, owned a Staff and I agree they are lovely pets, but when they are not your own you are obviously wary when children are concerned.

 

Does anyone know if something can be done for him to at the very least clean up after the dogs?

 

I am a Private Tenant

 

Any advice is greatly appreciated.

[den3371]

Sorry, forgot to mention that he has been approached by a Neighbour - it nearly ended up in a fist fight, which is why I have not approached him myself.

 

Thanks again.

[blacksheep1979]

do you or him rent and if both is it the same landlord?

[den3371]

Hi

 

Yes, we both rent but different Landlords.

[blacksheep1979]

If you can get hold of his landlord you can point out to him that he is in breech of contract for the nuisance that he is causing. Also a word to the council regarding dangerous dogs being unsupervised where there are children. And a third prong to the attack could be to threaten the management company that if they do not keep the communal areas free of dogs mess that they are not fufilling their agreement and you will seek rembursement.

 

Hopefully one of those will pay off.

[den3371]

Thanks very much blacksheep, I'll give it a go!

[den3371]

Well, I thought I would give and update and ask for more advice - not good news I'm afraid.

 

My cat (thank God it wasn't my Son!) was attacked this morning by these dogs. They have squeezed her haed to the point one of her pupils burst and have ripped her stomach open. These dogs were let out on their own with no supervision, their owner was inside!, it was only that I had my window open that my 8 yrs old Son heard all the commotion that I was able to get outside in time before they killed her.

 

I have just returned from the vets with a £600 vet bill, I cannot collect her without payment, so it looks like I'll be paying courtesy of my overdraft! (I know, I'm stupid, I cancelled my pet insurance after I was made redundant)

 

I have approached the owners with a copy of the bill and told them I will be seeking for them to pay the vet bill. The woman (the guy wasn't around) said that she accepted they were at fault and would pay (I somehow think it isn't going to be as easy as that).

 

What can I do if it proves difficult getting the money from them? How do I go about it?

 

I am so cross and upset about this, am in tears, out cat has only just turned 1 year old - still a baby (I know I'm getting soft now - I am sorry)

 

The Vet told me to notify the police, which I have done and have a Reference number, they said they MAY want to talk to the owners.

 

Just waiting now for the vet to call, but they said she wouldn't be out for a couple of days and that was only if there were no complications.

 

Sorry for ranting, but thanks for listening and any advice given.

[MattyH]

I sympathise with your position den, and if it was myself i know what I would do... Not allowed to say on the forums though. Have you thought of reporting it to the police & RSPCA, they might be able to help or offer advice.

 

Sorry I can't help with the legalities, but I do think it's despicable what this guy is doing.

 

Matt

[MrShed]

I would most certainly be reporting the matter to the police, local council, and RSPCA. If they do not pay up, I think you would have little problem winning this kind of case in small claims - keep all conversations documented etc.

[den3371]

Hi Matty

 

I have reported it to the police but the woman said she would pass on the incident and that they may not do anything - however they may talk to the owners (she said this after I said it was a communal garden and children played out there) not sure if they would do anything else!

[den3371]

Thanks MrShed will call the Council tomorrow and try the RSPCA this afternoon.

[MattyH]

I would write a letter to the chief officer at the police station stating that you are concerend with the fact that "potentially dangerous" dogs are allowed to roam free in communal gardens, and that you are worried what might happen if nothing is done with this matter, as next time it might not be a cat that gets mauled, it might be a child!

 

Don't make it a complaint, more a letter of concern and that you are worried about the safety of children and others.

 

Make reference to the incident that happened at chirstmas with that dog and that small child. It might make the police more receptive to your situation.

 

Hope this helps.

 

Matt

[MrShed]

Oh and it goes without saying you have my sympathys for the cat - hope it gets better soon. I am a(responsible!) small dog owner, and I would certainly not be being as controlled as you if the same happened to him - as matty says above, I could not possibly post what I would do!!

[ihateabbey]

Good Luck, what kind of dog owners do they call themselves? Have they not heard of a lead and collar!

 

I hope your cat recovers well she was dammed lucky.

 

Fight this all the way its just not on....

 

all the best..good luck x

[den3371]

Thank you all so much, I am only being calm as My Son is around!!!

 

Just waiting for the phone to ring.....

 

I just keep thinking that if he was outside with them, it may not have happened, he could have acted alot quicker. It's not the dogs fault it's his!

 

Anyway, I appreciate all your comments, i really do xxx

 

Denise

[blacksheep1979]

really sorry to hear about your cat. As well as the excellent advice above have you chatted to any of your neighbours - the ones that share the garden. If they all start to voice concerns as well then it the council etc may take more heed than just one persons complaint/concerns.

[den3371]

I haven't spoken to any of the other Neighbours - yet!

 

I have just had the guy's Partner round. Apparently she has kicked him out! He has asked her to talk me out of going to the police - oops, too late - mainly as he doesn't want the Dog put down, highly unlikely as the dog attacked a cat, not a human being. I have been told that if I don't go to the Police, he is willing to pay the whole amount, however he can only do that in instalments. He has £250 already.

 

I have told his Partner, that as long as I get the £250 this evening - with a letter acknowledging the incident and his agreement to pay the total and final vet's bill and any ongoing treatment needed, I will talk to the Police and withdraw the complaint.

 

The money must be paid within 6 weeks otherwise I will go to the RSPCA (more clout than the police) and the small claims court.

 

Let's see if he turns up this evening?

 

What do you think?

[blacksheep1979]

maybe try get some post dated cheques from him - not 100% legit and you can cash them before the date but will be easier than chasing the guy when his ex 'doesn't know where he is honest'.

[den3371]

Well, the guy is 'back'. I spoke to him and since I last posted, Rosie our cat is going to need further surgery.

 

This guy says he is willing to pay half the bill, however the other dog belongs to his Brother who does not believe the vet's bill is as much as I have said. I gave the guy's partner a copy of the estimate bill and have told him will give another copy of the final bill once I have paid.

 

Personally I think he is playing me for a fool - I'm not that stupid. He reckons he has spoken to the Police and the RSPCA - when I tried to call the RSPCA they were shut on Sundays.

 

He also says the police won't get involved as it was a civil matter - the same thing I told his Partner - however I left the bit out mentioning I also told the Police that children use the communal garden too and were at risk.

 

He tells me that he is waiting for 'someone' to bring the £250 over - yet his Partner told me he already had it.

 

How long should I wait before starting a small claims? Should I give him say 21 days with a letter advising him of any Court action.

 

I have already told him that I won't let this lie, I am not a pushover or a fool - any other suggestions?

 

Thanks

[blacksheep1979]

if the relationship is that rocky and he's possibly going to do a runner I'd give him 7 days initial notice then another 7 days. Make sure you get it in writing as well and some form of proof of delivery wouldn't hurt your case.

[den3371]

Thanks blacksheep, well no money arrived last night, so I will leave it now until I get our cat home - hopefully later on today or tomorrow - the Vet said that she is doing well.

 

I don't think the realtionship is rocky at all, they are pulling a fast one. Will call the Council today and the RSPCA and report him of not being in control of dogs.

[demon_x_slash]

That's why I can't stand this 'fashion' for fighting breeds. I would never leave a fighting breed alone with anything smaller than itself, be it cat, budgie, or child; they may be the sweetest dog alive, up until the split second when their instincts kick in - and in that split second, as, terribly, you've found out, den, awful things can happen. I honestly don't think it's the dogs' faults; we've bred them to react a certain way over thousands of years, and therefore can't expect them to react in another. It's the careless owner not bothering to get them trained, and to keep them supervised, and it really gets me, every time I hear of a dog attack. Keeping certain animals gives you certain responsibilities, and one of those responsibilities when owning a potentially aggressive dog is high-level obedience training. During that, it would have been impressed upon the owner that their particular breed should be supervised/not left alone with others, etc...

I'm sorry, this is more of a rant that anything else, I've realised. I read about your cat, den, and my heart broke for her - but it also did for the dogs, as it is plainly obvious that they have owners who couldn't give a toss about their responsibilities or their dogs' needs. I honestly think that you have a duty to report it, if only for the safety of others, but it saddens me that three animals have to suffer because of these peoples' ignorance.

[den3371]

Demon

 

I totally agree with you, it isn't the dogs fault at all. The guy even admitted to me the male dog had been agressive recently as the female dog had been in heat. So I think they have obviously tried to breed the poor animals as they said the male dog was going back on Tuesday? (It's his Brother's dog)

 

My Sister is a dog psychologist for Battersea, she says the amount of bull terrier breeds that are handed in because they haven't been handled or trained is heartbreaking.

 

When I went back to the guy's house yesterday the dog was cowering in the door way, ears flat down, tail between it's legs and shaking - I think it had a beating, if nothing else I want the RSPCA to home visit so they can at least see what is going on.

 

I want the safety of the children, my cat (if she EVER goes outside again) and for the Dogs. The owner can............. best not print what I was going to say.

 

I don't blame the dogs, I blame him and told him yesterday that had he not been so bone idle, none of this would have happened.

[demon_x_slash]

It makes me sick. I knew someone who had a pitbull pup and had to give it up eventually - can't say too much - but if this person had put half as much effort into looking after the dog than they did drinking and smoking, that situation would not have occurred IMHO. I genuinely believe that getting a pet like that - a cat, dog, parrot, tortoise, iguana, anything that lives longer than four years - is like getting a child to look after, with all the myriad costs and restrictions that a child involves. Some people see them as toys, to be given away - or worse, thrown away - when they get bored with them. People like that should be banned from having a pet.

[den3371]

Rosie can come home today!!!!!!!! She had a good night, but is very very sore and will have a drain in for the next few days. Because of her injuries it will be months before she is anywhere near back to normal.

 

The total bill?? £699.43 the vets were kind enough to let me pay in 2 instalments so just paid £350 this morning. I don't care because Rosie is coming home!!

 

My Brother-In-Law has a dry sense of humour he said 'you've just paid £700, you could have got another cat for £40!!!' True but I couldn't get another Rosie for £40 could I?

 

BIG thanks to all of you, just need to see if the twits next door are going to cough up - don't hold your breath!