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

[blacksheep1979]

nah it still could have been visiting but its obiously not.

[den3371]

Neither of them work, she has 2 children from a previous relationship and is 5 months pregnant with the current Partner.

 

As for the dogs, Neighbours in my block all know these dogs have been here for some time, there used to be 5 of them running around!

 

I never thought just finding out a simple piece of info would be so difficult!!

[blacksheep1979]

what I was hinting at was if they are been a pain in the you know what then grass them up to the council for council tax evasion. This does have up and down sides - it will annoy them and put further strain on what is already a bad relationship, reduce their cash so may reduce ability to pay you but hey they get a bit of comupance - maybe do it after you get paid.

[den3371]

Good point. I am going to try one last time this afternoon and ask for his name. I will be taking all the Paperwork (copies!!) with me that I've received from the vets to give to them.

 

Unfortunately for them if they don't start paying and it goes through the small claims court, I will also be adding on all the check ups Rosie has had, one yesterday £10 + cab fare there and back. She has to go back tomorrow again, so another £10 + cab fare and more painkillers (however much they are)

[den3371]

Ok, I have had to post through the letter box the copies of invoices etc as nobody in. I also included a polite note stating that the enclosed were invoices and breakdown of charges from the vets.

 

I have said that I am willing to accept payment in instalments but would give him until Sunday 29th to come and see me so we can discuss options.

 

So will wait now until Sunday, if I don't hear anything from him, I'll be knocking on his door on Monday!

[demon_x_slash]

Go for it - but please have a friend with you. If he's the sort of person I think he is, he may not be able to have a calm and intelligent conversation with you. You could slip in a "Oh, btw, we've never properly met, have we? I'm [given name] [surname], you are?" You may get him to give you his full name if you catch him off guard.

[delboytrotter]

You could get his car reg number and using and HPI check you may be able to get the registered details....(not sure how legal this is of course)

I might know of someone who can do an HPI for you(again not sure if it is legal or not)

If i was you i would start against her and in the paperwork include a detail that if you are not the owner of the said anaimals then please supply full details of the dogs owner that are very obviously staying in your house etc etc, and details as to why they are allowed to roam free, i doubt they will be smart enough to get out of it.

Good Luck

[den3371]

Thanks demon - my sister said the same (she knows I won't let this go!)

 

I have spoken to him a few times, and I admit he has always been civil and not once raised his voice or shown any anger. But will give the 'introduction' idea a go!!

[den3371]

Hi delboy

 

I was thinking the same about putting her name on the paperwork to start with.

I have sent you a PM.

[buzby]

The DVLA WILL give out the name of the registered keeper for a fee - assuming you draw a blank with the Electoral Register. You need to state that you require the driver details due to an 'insurable event on private property' and you require the keeper's details.

[racer1]

Go for it - but please have a friend with you. If he's the sort of person I think he is, he may not be able to have a calm and intelligent conversation with you. You could slip in a "Oh, btw, we've never properly met, have we? I'm [given name] [surname], you are?" You may get him to give you his full name if you catch him off guard.

 

Can I make another suggestion? It may be worth investing in a small and cheap dictaphone or similar - if you do end up meeting face to face, it would be very easy for you to agree something and him claim at a later stage you're making it up. Better to be safe rather than sorry.

[den3371]

Good point bispers - i could use my mobile to record the convo couldn't I? As you imagine money is very very tight at the moment so I would rather not have to buy something if I can at all avoid it!

[racer1]

Yep - been known to use mobiles as dictaphones in our house for (work related) interviews.

 

I don't believe you have to tell the other person you're recording them, either - he's more likely to speak freely without knowing you're recording him I expect.

[blacksheep1979]

Den - have sent you a pm

[Movingon]

Just to point out; a sworn witness statement is every bit as compelling as evidence as a recording of the conversation - in Law. Obviously if a sworn-in witness is found to have falsified their statement they are in contempt of court and may have committed perjury - and therefore their testimony is assumed to be accurate and truthful until proven otherwise. A recording is accepted at face value also and is therefore no "better".

[buzby]

However, if the sworn statement diverges from the recording, the latter is not only considerably 'better' it also discredits the witnesses version of events. Therefore should a transcription of a recording be offered in evidence it often prevents the situation previously described.

[tomterm8]

I am no longer welcome on CAG

[den3371]

I understand what you are saying tomterm8 and it had crossed my mind to leave it alone, however, if I had smashed his car up with a sledge hammer, do you think he would allow me to walk away and not pay a penny?

 

Sorry, but I am feeling even more emotional now as our cat took a turn for the worse yesterday and may need more surgery which I cannot afford. I have to take her back to the Vet again on Tuesday.

 

How can I let this man get away with this? I know I may not get any money from him, but I don't want him to think I am a pushover and will just let it lie.

[den3371]

I just wanted to say a HUGE thank you to everyone who has helped me with advice and tips. I now have the guy's name and address

 

My cat took a turn for the worse at the weekend and will need another operation, I will wait now until she is stronger, but I have the court papers to file a small claims. Obviously the guy never got back to me after I posted the invoices etc, so once Rosie is out of the woods, I'll send him a letter before action of court proceedings.

 

So once again, thank you very very much to each and everyone of you!

 

Denise

[powelll]

Thanks for your help guys.

 

I have the girls name (nice Postman!) but it's the man's details that I don't have. She is listed on the Electoral roll, but as a single occupier, noone else is listed.

 

quote]

 

If you wanted to be really spiteful you could speak to the council & state there are 2 people living there - I bet she's claiming the 25% single person discount for council tax which is why he isn't listed...

[den3371]

Thanks for your help guys.

 

I have the girls name (nice Postman!) but it's the man's details that I don't have. She is listed on the Electoral roll, but as a single occupier, noone else is listed.

 

quote]

 

If you wanted to be really spiteful you could speak to the council & state there are 2 people living there - I bet she's claiming the 25% single person discount for council tax which is why he isn't listed...

 

I could, but since the incident he hasn't been there much, maybe there every other day. He isn't even listed on the 'other' address I have for him!

[blacksheep1979]

hmm it may be worth checking out whether he goes to that other address at all. Also as I mentioned earlier I wouldn't muddy the water with anything like the council tax issue or maybe that his car is reg'd at the wrong address till you get your money - any other outgoings may affect this. So best to hold off till after all your bills are paid.

[den3371]

Ok, just a quick update.

 

I asked the guy to get back to me with a proposal of payment by Sunday 29 April, no surprise but nothing!

 

I need to hold off a little while as our cat is still undergoing treatment and needs another operation next week, so I want to wait before filing a small claim so I can get the amount to claim correct.

 

I am more determind than ever to make this guy pay now. Yesterday I had the window open that looks out into the back garden (cat is shut in a spare room whilst she recovers!!) I was in the kitchen at the front of the house, my Son comes running in telling me the 'dog is trying to get in!'.

 

One of the Staffs was in the garden again on her own and unsupervised jumping up at our open window, my thinking is that she could smell the cat and even though I washed that area down after the attack, the dog must be able to smell something.

 

My Son (8yrs) was in hysterics as he saw the attack and now thinks the dogs are going to get him. I was going to go and talk to the guy yesterday but my Son didn't want me to go so I stayed put.

 

I am going to call the Dog Warden again today, but do you think I should call the Police?. I don't want this Dog jumping up at our window and scaring my Son, I also don't want to keep my windows shut all the time!

[demon_x_slash]

If the dog is acting aggressively around you and your son, den, then you have every right to call the police. "The dog is trying to get through the window, the owner's nowhere in sight, it attacked your cat last week and now you think it's going after your son, and it's a fighting breed." Should get someone out

[den3371]

Thanks Demon, wasn't sure as they wouldn't get involved last time, with it being a civil matter.