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

[den3371]

Hi Darren

 

I wrote an e-mail to the Management Company (Labrinth Properties) regarding the dogs fouling in the Communal areas a few months ago, asking if it were possible to have a general letter sent out requesting that they don't let Dogs foul in the gardens, all I got back was a standard response saying they had received my e-mail - that was it!.

[surprise]

Have you thought about taking photos everytime its out and about without collar, lead, etc, so that you have got proof, also if anything untoward did happen to a child, god forbid, at least you did everything you could to warn all parties of the impending danger.

[den3371]

Hi

 

I'm glad you mentioned that, I thought about that the other day, but by the time I had my camera it had gone back in!! My camera is permanently out at the moment!!

[den3371]

I want to take my Neighbour to Court to claim back money due to his Dogs attacking my cat and the subequent Vets fees incurred. At the moment the fees are nearly topping the £1000 mark.

 

What do I need to put in the letter, I know I have to attach all invoices etc, can I claim for all the taxi fees (I don't drive)?

 

I also still don't have the guys full name, so I thought I would put the leter in his Partner's name and see if I get a reaction from her and perhaps a full name for him.

 

I have since spoken to my other Neighbours and they have all complained to him at one point or another about letting his Dog(s) out unsupervised.

 

Many thanks for anyone's advice.

[BankFodder]

I think that you should start off by making a complaint to the police jointly with the other people affected.

 

the police would get his name and a crime reference number.

 

Anyway, as far as the letter,

I suggest that you explain in simple terms factual terms what happened and the losses that you have suffered.

The request that your losses be reimbursed within 14 days or you will claim them back in the county court.

 

Don't make any threats of action which you won't keep - exactly according to your deadline

[den3371]

Thank you BankFodder. When the attack on my cat happened (3 weeks tomorrow!) I reported it to the Police, I have a crime ref. number, but they wouldn't get involved and to date have not made a visit - the same with the RSPCA and the Council Dog Warden as it happened on private property although a communal garden.

[Bookworm]

3 threads merged, could you please keep to 1 thread per claim.

[racer1]

Any more news on this one?

[den3371]

Hi Bispers

 

An update so far:

 

The Dog Warden came out yesterday and told them apart from the fact letting the dogs out etc was illegal it was also illegal for them to not clear up after them.

 

When she went to see them, she said thay were very defensive, but basically just issued them with a verbal warning. They both admitted that they let the dogs out through the bottom window without supervision.

 

With regards to the LBA - I asked the woman for her Partner's surname - but I won't put down exactly what she said, but lets just say she refused! I told her that it wasn't a problem as I would have the Court Papers served on her and I wasn't going to argue with her over it. (I firmly believe that her refusal to implicate her Partner is purely based on the fact that she has not declared having a Partner to the Benefits Office.This would also suggest why you very rarely see this man out and about!!! But at least they were both there when the Dog Warden paid a visit.)

 

I am waiting for a last statement of Treatment from the Vets which I am hoping to pick up this afternoon - once I have the final breakdown of all the costs incurred, I will be issuing the LBA via recorded delivery hopefully next week.. Our cat's treatment is almost finished with the last remaining stitches being removed this afternoon.

[racer1]

Glad to know your cat is recovering, and best of luck!

[powelll]

Glad to know your cat is recovering, and best of luck!

 

I second that... have been following your thread with interest

[den3371]

Right, I have all my invoices, receipts etc copied with the LBA - this is where the fun starts!!!

 

I will be sending it recorded delivery tomorrow, so the dog's owners 'should' get it Saturday. Feeling a bit nervous , but I HAVE to see it through!!!

 

Wish me luck!

[delboytrotter]

Good Luck

[Darren]

Good luck

[den3371]

Thank you peeps!! Love your avatar delboy!

[den3371]

Well, I knew there would be fireworks, but didn't realise it would happen so quickly!!

 

She got the LBA this morning, came straight to my house and started on the verbal abuse and threatening behaviour. Even though she is 6 months pregnant, she was very scary! She got 2 steps into my doorway but I managed to get her to step back whilst she was yelling and shouting.

 

Because of all the noise, my neighbour came out to see what was going on and stayed with me until the woman had left.

 

She basically said that I wouldn't get an ******* penny from her, the dog wasn't hers, her Partner doesn't live with her (defo benefit fraud) **** this and **** that (you can fill in the blanks)

 

She seemed quite surprised that I had gone through with it. I think getting the letter was quite a shock for her.

 

She said the dog was never left out unsupervise (how did my cat get attacked and where were they when I got out there? they also admitted they let the dog out unspervised to the Dog Warden)

 

I was quite shaken and stood my ground with her but have called the Police who said they are going to look into it as she has committed a Public Order Offence and she will get a visit.

[Darren]

She said the dog was never left out unsupervise

 

.

 

What did she do then, stand and watch your cat get attacked?

 

Dont forget to tell the police that if they had interveined from the start this might not have happened, and stepping across your threshold without your permission is trespassing.

 

Try the management company again, they need to know what is going on.

 

Does she rent the flat, maybe you could contact the owner.

[den3371]

Hi Darren, my point exactly!

 

She has basically started to trip herself up now, I have different stories from her all the time, notice that the bloke (her Partner) NEVER gets involved? Everything is said/done by her.

 

When the Dog Warden went round, she found out that they are private tenants. (Can I ask the Dog Warden for a statement? Asking as they admitted to her that they don't go outside with the dog but let them out through the window).

 

At least the Police are going to act now, I was quite shaky on the phone talking to them, so they knew I was a bit concerned.

 

If this is how she acts getting the LBA - God help me when she gets the Court papers.

[Darren]

If she is a tenant , the owner might have rules about pets, but even if they dont they should be concerned about her behavior. If you manage to find out the landlords address ( land registry or management company) you should complain to them, maybe some of the neighbours could do the same. If not a few complaints to the management company might work, I know you've told them about the dog fouling the area, but this is a different matter, and should be taken seriously by them. How long before this dog attacks again?

 

Ask the dog warden for a report

 

When the police see her they may be able to get his name and address from her.

 

Have police said when they will be coming?

[den3371]

Hi Darren

 

The Police haven't said when they are coming. I rang the national number. The chap I spoke to said he would send the report down to my local Sation, in turn, they would ring and let me know when an Officer was going to visit as I would need to make a statement too.

 

As for their Landlord, I can get the info as you suggested from Land Registry but not sure I can cope with Small Claims, threatening behaviour then trouble from them with their Landlord.

[Darren]

 

The Police haven't said when they are coming. .

 

Tell them you just seen her driving at 31 mph, they'll be there in 5 minutes.

 

On a serious note, does your household insurance offer legal advice as part of the policy?

[den3371]

LOL Darren!

 

No, unfortunately it doesn't!!

[den3371]

Right - a result - I think?

 

The LBA I sent was recorded, I have just been onto Royal Mail Website on their track and trace. I know they received the letter because she came around with the abuse!! But, I wanted to see who signed for it.

 

The guy signed!!!! He did not print his name, but I think I can make out his signature, my question is - even though the LBA was in her name, but I did mention in the LBA her Partner's Christian name as also the owner, can I put both their names on the Court Papers? I know they are not going to offer payment and they have 1 more week to go before I start the ball rolling.

 

Can anyone advise?

 

Thanks:)

[buzby]

So he's not been 'thrown out' yet? What a surprise. There's no reason NOT to include him as a defendant in your action, BUT he MAY have signed any old name, so if so - or there is a letter or two wrong your action against him would fail because of your error. Corroboration would be required before I'd risk taking his signature as gospel.

[Darren]

she could just reply to the summons saying 'sorry, wrong person. I do not own a dog'.

 

so I would say definately put his name on it, but as buzby said it could be any old name he gave.