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

[den3371]

I have received a letter from the Court today. The Court date has been set for November 30th at 10am!

[Binker]

Hi,

 

Thats ages away, especially when the guy is pulling stunts like at the weekend.

 

Did you do anything more about looking for a restraining order?

 

Binker

[den3371]

Hi Blinker.

 

I did look at getting an injunction out on him, but, no joy, mainly as this is his first offence against me, I had no witnesses. Also all the other comments and verbal abuse has been done with them indoors whilst I walk pass - again no witnesses.

 

I have been told to keep a record of incidences, but this won't really help me with the court case, as it is his Partner who I am taking to Court, not him.

[den3371]

I am getting my papers together for Court, but i am not sending them to the Neighbours Solictors until the very last moment (2 weeks and 1 day before the Court date).

 

Can I just ask, apart from the obvious, photographs of injuries, treatment given by the vet, bills etc, should I copy my correspondance to their Solicitor and their Solictor's responses?

 

The other thing is as I live on my own (& small Son) I don't have any witnesses who actually saw the dogs attack my cat, however I do have friends who have visited and seen the dogs out without any restraints etc. I have asked them to write a statement for me: A) Is this worth doing and B) will it be good enough for the Court?

 

Still getting grief from the Neighbours, but getting used to it now.

[Movingon]

Yes the statements are worth getting from your neighbours; you can bring ALL correspondence with you to the Court; however if ANY of it has "Without Prejudice" as the header or it is referred to as "without prejudice" in the letter, it MAY NOT be shown to the Court without permission from the Judge; which will not normally be given unless you can convince him/her that it contains information which is crucial to your case.

 

So - don't include any "Without Prejudice" documentation in your court bundle, keep it separate if you believe it is crucial and request leave to present it to the Court when you're in there. Also, certain pre-action correspondence is "Privileged" anyway; you should consult someone with explicit legal knowledge over that one but I doubt you have any correspondence of that nature.

[tiglet]

subbing

[Bookworm]

Den, I am going to change your title, so people can see at a glance what it's about, ok? ;-)

[borisbeaver]

Just subscribing.

[den3371]

Thanks StoneLaughter - Knew I could count on you!!

 

Bookie, of course, no problem.

[Sarah_Pussycat]

Yikes - only just noticed this thread!

I can't offer any advice, but Denise, you have my full support! (I have a kitten called Rosie and it tugged on my heartstrings a bit there - hope she's still doing ok!)

Good on ya for standing up to these people and having the guts to follow through with it.

[den3371]

Thank you Sarah, your support is much appreciated.

 

Rosie is very well and back to her aloof self!

[analyst]

I've just latched on to this thread for first time, blimey taken hours to read every posting

 

I can't do much but offer my praise and support to you Den for all you've been through and sticking with it.

 

I'll be watching and wish you all the best when it comes about. Maybe a 'CAG buddy' might be worthwhile, just to give a bit more moral support at times of the jitters. Just a thought, never actually done that myself.

 

Good luck

[den3371]

Thanks Analyst, I know it's a long thread but thanks for sticking with it!!

 

I would love a CAG buddy - how do i get one??

 

I have tody received a copy of the defence. I was expecting the worse, but am quite surprised she has been so predictable. Her points for the defence are:

1. She strenuously denies that her dog attacked the Claiment's (me) dog???? at all. (Can't tell the difference between a cat or dog)

 

2. MY dog was not allowed to roam freely. I presume the Claiment is referring to the dog I was looking after. The other dog belongs to my Partner (I stated in my LBA the dogs under her control)

 

3. The Claiment used to have a dog herself which she would allow to roam freely unsupervised (Never owned a dog)

4. I have never admitted the dog I was looking after was responsible for the alledged attack. (It was not just one dog but 2, the vets statement confirms this)

 

 

She has contradicted herself all the way, the above in black are all her own words as she has written it on the form. She says 'my' and 'her dog', .

 

She also has not signed it or put her date of birth on there, I am presuming the Solicitor is not representing her as there are no Solictor details on there where it says should be signed by 'you, or by your solictor or litigation friend.

[jailbird]

Hi Den

 

If you can't get anyone else nearer you I will come down to be your buddy. This case is dreadful. I have a little yorkie that thinks its a rotwieler and is also in need of therapy but as soon as she sees a cat she runs home and barks from the window ! Brave girl.

 

You and your son must have gone through hell.........I know I would have and I think you should be congratulated for not giving in to pressure from these louts.

 

I will PM you my mobile number and you can get in touch nearer the time.

 

Well done so far

 

Hugs

 

Chris:p

[Bookworm]

1. She strenuously denies that her dog attacked the Claiment's (me) dog???? at all. Well, technically, she is telling the truth, then.

 

 

2. MY dog was not allowed to roam freely. I presume the Claiment is referring to the dog I was looking after. The other dog belongs to my Partner (I stated in my LBA the dogs under her control)

 

3. The Claiment used to have a dog herself which she would allow to roam freely unsupervised (Never owned a dog) Even if you did, and even if you had allowed said dog to roam, what's that got to do with it? You're not the defendant here!

 

4. I have never admitted the dog I was looking after was responsible for the alledged attack. (It was not just one dog but 2, the vets statement confirms this)

 

 

She has contradicted herself all the way, the above in black are all her own words as she has written it on the form. She says 'my' and 'her dog', .

 

She also has not signed it or put her date of birth on there, I am presuming the Solicitor is not representing her as there are no Solictor details on there where it says should be signed by 'you, or by your solictor or litigation friend.

You need to stack up evidence, as much as possible. It will come down on the balance of probabilities, who the judge chooses to believe, your version or hers. Go door to door to neighbours, get them to write down letters confirming that they have seen the dogs run unsupervised. Get confirmation that for all intents and purpose, the dogs live at her house. Ownership is irrelevant, who is supposed to look after them is important. Get all the official evidence together. The vet's reports will be paramount, of course.

Reading between the lines, she is going to try and say that you are suing the wrong person (not her dog) and trying to go for flat denial of the event.

[den3371]

Chris

 

Thank you for the offer, but I've seen the area you are from, and it's too far. Your offer is much apperciated though. xx

[den3371]

Thanks Bookworm.

 

My next door Neighbour is willing to write a statement as is my Childminder who states that when she has dropped another child off that she looks after who lives in the same row of flats, she has also seen their dog roaming around on it's own.

 

Other Neighbours won't get involved and I can't blame them, they are nasty pieces of work. I have also kept a diary of all the grief I have had from them, I will be copying this in with my papers.

 

Of course the defendant filled this out before she knew the Police were paying her a visit and fined her, I will also mention the Public Order offence and her partner threatening me on the 1st Sept.

 

Should I just continue sending the papers to the Solicitor she enlisted? I thought their details would be on the defence papers, but there is nothing on there.

[Bookworm]

No, it should say on the defence where to send the documents, if her solicitor is not listed, it goes to wherever it says on the form.

 

At this point, there is nothing more for you to send, mind you, all communications should be through the court, unless she makes an offer to settle, of course. (Oh look, a flying pig!)

[mrsc]

Hope you and your son are ok this must be a nightmare for you.And of course Rosie. They shouldn't be allowed to own any dog if they can't be responsible for them.

 

I must admit I did own a staffie lovely dog but I would never of let him out without a lead,when treated right they are great dogs.It's just a shame the owners aren't vetted before they take a dog like that on as they are very loving in the right hands.

 

It's a pity the police didn't do more at the first call and maybe it wouldn't have come to this.

 

Will be thinking of you keep strong.

 

best wishes Mrs c

[den3371]

Thank you Bookworm, it has her address on there so will copies of the court bundles to her - special delivery signed for of course!!!

 

mrs c - thank you, I actually feel sorry for her dog and the other she looked after. I have only ever seen her take that dog out once, we live 2-3 mins walk from a lovely huge dog friendly park, but they never take him out for a long run. Just let him jump out the back window, does what it needs and goes straight back in. The poor animal has no life.

 

Staffs are lovely dogs if treated properly and respected, just like any other dog. My sister is a dog behaviourist at Battersea and has fostered so many dogs, the majority of them Staffs and in the rights hands are lovely and loyal animals.

[fetsilva]

aww poor cat! i hope she's better now. Give her a big hug from me.

 

i just want to say well done for carrying on with your case against these people after all the harrasement you're getting. Don't let them get away with it. Those type of people just rely on intimidation to do as they please.

 

 

you go girl.

[mrsc]

Hi Den3371,

 

How are you? Hope there is no more hassle from these lowlifes.

I can't stop thinking about your poor cat it's been through hell,it can't be easy for you or your son either,but you are doing the right thing,you should have had more support from the police,dog warden,and the landlord.

 

I totally agree with festsilva,I know it can't be easy but please stick with it.

 

Thinking of you all

 

Mrs c

[den3371]

Thanks guys

 

It only with the support from this Forum that I am still going!

 

Denise

[den3371]

[den3371]

Rosie after she came home from the vets, you can't see the full extent but the injuries extended to her upper chest, under both front paws, pulled ligaments to her back left leg and crush injuries to her right side of her head.