↓ Advertise on Defender2 ↓

Home > Off Topic > Custody of a dog..... legal type buisines
Post Reply  Down to end
Page 2 of 3 <123>
Print this entire topic · 
fekete



Member Since: 24 Dec 2008
Location: Here on the other end of the computer
Posts: 3626

United Kingdom 2007 Defender 90 Puma 2.4 HT Bonatti Grey
As Pom says the law wouldn't really get too involved as you paid for the dog....The worst thing that could happen is they would take the dog back to her which i don't think they would do. you would just get told to stay away..but if you just leave the dog with her you would never know if she would follow it through with the police and try get him back...Good luck Thumbs Up NEVER TAKE LIFE SERIOUSLY. NOBODY GETS OUT ALIVE ANYWAY
Post #51822 8th Jan 2011 7:21pm
View user's profile Send private message View poster's gallery Reply with quote
Glynparry25



Member Since: 16 Feb 2009
Location: Miserable Midlands
Posts: 3015

Wales 2009 Defender 110 Puma 2.4 XS DCPU Tonga Green
fekete wrote:
As Pom says the law wouldn't really get too involved as you paid for the dog....The worst thing that could happen is they would take the dog back to her which i don't think they would do. you would just get told to stay away..but if you just leave the dog with her you would never know if she would follow it through with the police and try get him back...Good luck Thumbs Up


I know she wouldn't personally get it back- she doesn't drive and her sister would only drive as far as Wales if there was something in it for her.... well money (so no chance)

Even if she approached the Police in Scotland, am I right in believing because their laws are different to England/Wales that they wouldn't really be able to do anything? Would jut say 'Take it to the county court'? Wich again, I know she doesn't have the money to do.

Glyn Sheep
Post #51825 8th Jan 2011 7:25pm
View user's profile Send private message View poster's gallery Reply with quote
fekete



Member Since: 24 Dec 2008
Location: Here on the other end of the computer
Posts: 3626

United Kingdom 2007 Defender 90 Puma 2.4 HT Bonatti Grey
Glyn the only thing i would say is don't enter her house to get the dog... just take him if he is in the garden as she could get you done for burglary Thumbs Up NEVER TAKE LIFE SERIOUSLY. NOBODY GETS OUT ALIVE ANYWAY

Last edited by fekete on 9th Jan 2011 8:09pm. Edited 2 times in total
Post #51827 8th Jan 2011 7:29pm
View user's profile Send private message View poster's gallery Reply with quote
Glynparry25



Member Since: 16 Feb 2009
Location: Miserable Midlands
Posts: 3015

Wales 2009 Defender 110 Puma 2.4 XS DCPU Tonga Green
fekete wrote:
Gly the only thing i would say is don't enter her house to get the dog just take him if he is in the garden as she could get you done for burglary Thumbs Up


Yeah, good point, and I know the Scottish law is very funny on it too.... straight into the slammer till you get a hearing (Guilty until proven innocent).

Glyn Sheep
Post #51828 8th Jan 2011 7:31pm
View user's profile Send private message View poster's gallery Reply with quote
discocuzzy



Member Since: 16 Jul 2008
Location: surrey
Posts: 1200

England 
Punch her in the face and take the dog You cannot teach stupid people to do clever things
Post #51829 8th Jan 2011 7:32pm
View user's profile Send private message View poster's gallery Reply with quote
SiWhite



Member Since: 19 Jan 2010
Location: North Hampshire
Posts: 455

United Kingdom 2013 Defender 110 Puma 2.4 USW Stornoway Grey
I've dealt with a few cases like this before. Previous poster migth be a bit correct - this is a civil dispute over property so nto a matter for Police. HOWEVER if you ask nicely an Officer may be available to accompany you to her house to prevent a breach of the peace (nb Scottish law may differ slightly) as long as you can demonstrate the dog is yours. Take reciepts, bank statements etc to show the Officer that the dog IS yours and not hers. If you convince the Officer then the game is mostly won.

The idea of taking the dog without her knowing is fine but with one or two caveats. Don't break in or break anything to get the dog back - trouble with the Police and with HM Forces. Secondly, it MAY reflect badly if you are taken to Court - her solicitor could spin the act out of all proportion. But as has been said, why are you going to Court? No children I'd imagine...?

I would have a chat with your boss at work and let them know what you are going to do - then if anything goes wrong you will at least have thier support.

The chip issue has no legal standing IMHO.

If it were my pup, I'd be getting him back too Very Happy My blog - www.anacreinhampshire.blogspot.co.uk

110 TD5 BuildHERE - sold!
110 Tdci Build HERE - sold!
Passat Alltrack - 4x4, auto, 45mpg, gloriously comfortable - but not a Defender!
Post #51830 8th Jan 2011 7:32pm
View user's profile Send private message View poster's gallery Reply with quote
willy eckerslike



Member Since: 15 Jun 2009
Location: North yorks
Posts: 1789

United Kingdom 2007 Defender 110 Puma 2.4 HCPU Keswick Green
Covert op, you know where to leave the dog for a while:thumbsup: Original Member Pie n Pea Club.
110 HCPU Tipper
Post #51831 8th Jan 2011 7:34pm
View user's profile Send private message View poster's gallery Reply with quote
Glynparry25



Member Since: 16 Feb 2009
Location: Miserable Midlands
Posts: 3015

Wales 2009 Defender 110 Puma 2.4 XS DCPU Tonga Green
Thanks for that Si, textbook answer.

Like I say, she just throws him out into the garden for hours on end so will just have to open the gate, call him,and then close it.

Last query,

At the moment the dog is there in Scotland with her... so if I want him back through legal means I have to take it to the local courts there......If I were to get him and take him home to Wales, would it then become a Welsh/English Legal thing?

Originally he if from back home in West Wales.

Glyn Sheep
Post #51832 8th Jan 2011 7:38pm
View user's profile Send private message View poster's gallery Reply with quote
mowcop



Member Since: 03 Jul 2009
Location: Staffs
Posts: 108

United Kingdom 2008 Defender 110 Puma 2.4 CSW Zermatt Silver
cant you "pay" to get it dog knapped?
A bit dodgy but you get the dog it cost you £20 to some teenagers and your gone.

Sometimes you need to join them to beat them!
Post #51835 8th Jan 2011 7:46pm
View user's profile Send private message View poster's gallery Reply with quote
Glynparry25



Member Since: 16 Feb 2009
Location: Miserable Midlands
Posts: 3015

Wales 2009 Defender 110 Puma 2.4 XS DCPU Tonga Green
mowcop wrote:
cant you "pay" to get it dog knapped?
A bit dodgy but you get the dog it cost you £20 to some teenagers and your gone.

Sometimes you need to join them to beat them!


To be honest I just have to call him and he comes sprinting. Only hard bit will be waiting for the prime time. Steakout

Glyn Sheep
Post #51837 8th Jan 2011 7:50pm
View user's profile Send private message View poster's gallery Reply with quote
Lorryman100



Member Since: 01 Oct 2010
Location: Here
Posts: 2686

SiWhite wrote:

The chip issue has no legal standing IMHO.


The reason you have your dog chipped is to assist in it's recovery if it gets lost! And only pet rescue centres equipped with the scanner can tell its chipped and when they find this chip and read the code they contact the person who's details are on the register. Unfortunately it doesn't work the same way as a vin plate showing identity and owner.
As to getting him back I would go through the Sheriff court small claims department and raise a dispute asking for your property (pup) to be returned to you. The cost is not high about £30 to start the ball rolling and the courts Sheriff officers will give you a lot of help and advice in this matter.
As for going and getting the dog yourself, you would need to be careful of not causing a breach of the peace, criminal damage or assault as you would be the instigator as your dog is at your ex missus's house on her property! If you do go, make sure its not on a Friday because if the Police shackle you, you'll be locked up till court on Monday morning Whistle

Glynparry25 wrote:

At the moment the dog is there in Scotland with her... so if I want him back through legal means I have to take it to the local courts there......If I were to get him and take him home to Wales, would it then become a Welsh/English Legal thing?


Not if she phones Police and say's you broke in and stole him while she was out Whistle
Post #51840 8th Jan 2011 8:03pm
View user's profile Send private message View poster's gallery Send e-mail Reply with quote
pom



Member Since: 01 Jun 2010
Location: Worcester
Posts: 1343

you didnt mention it was a jock, well you asked for trouble there mate Rolling with laughter

Still we don't have an extradition treaty with them so you will be fine Thumbs Up

Pom
Post #51841 8th Jan 2011 8:07pm
View user's profile Send private message View poster's gallery Reply with quote
Glynparry25



Member Since: 16 Feb 2009
Location: Miserable Midlands
Posts: 3015

Wales 2009 Defender 110 Puma 2.4 XS DCPU Tonga Green
Lorryman100 wrote:
Not if she phones Police and say's you broke in and stole him while she was out Whistle


Hmmm, but no damage to doors... fingerprints etc? How could I break in like a ghost...... I am thinking more of me opening the gate.... dog runs down the path and out into the Defender. I haven't gone on her property and I haven't taken anything of hers.... if that makes sense? Video it?

Glyn Sheep
Post #51843 8th Jan 2011 8:11pm
View user's profile Send private message View poster's gallery Reply with quote
Lorryman100



Member Since: 01 Oct 2010
Location: Here
Posts: 2686

Give me her address and I'll go down and give her a nice Glesga kiss and meet you some where close with your dug Whistle
Post #51852 8th Jan 2011 8:31pm
View user's profile Send private message View poster's gallery Send e-mail Reply with quote
AndrewS



Member Since: 10 Apr 2007
Location: Hereford
Posts: 3709

United Kingdom 2013 Defender 130 Puma 2.2 SW Rimini Red
Glyn delete this thread or ask Martin to create an area for 'members only' and move this thread into it. You dont want the whole world to see this Wink Thumbs Up

Oh BTW I'm with the go and get your dog vote Thumbs Up 130's have feeling's as well you know Smile
Post #51860 8th Jan 2011 8:39pm
View user's profile Send private message View poster's gallery Reply with quote
Post Reply  Back to top
Page 2 of 3 <123>
All times are GMT

Jump to  
Previous Topic | Next Topic >
Posting Rules
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



Site Copyright © 2006-2025 Futuranet Ltd & Martin Lewis
DEFENDER2.NET RSS Feed - All Forums