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Leagal/Moral Question - advice please

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Old 10 April 2009, 12:13 PM
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Ms Gooner 1
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Default Leagal/Moral Question - advice please

Ok - as some of you may remember back in January we had a litter of Dogue de Bordeaux puppies - pedigree dogs.

Someone who i know wanted i one and we came to a bit of a "deal". I would give him the dog and he, in turn would do some "work" on my car & van. He took the dog and promised to return one week later for the van and the following week for the car.

After hearing nothing and not answering my calls or text, he arrived to do the work on the van. Apologised profusely etc - and being fair - we gave him the benefit of the doubt, put it down to experience and waited for him to return.

Once again, after a week or two - didn't hear anything so tried calling/texting - all ignored. So now we're pretty peaved.

In the meantime we have received the paperwork for the dog - which is registered in MY NAME.

The number i had for this person is no longer in service and he's disapeared from the face of Essex it would seem - although i think i know where he lives.

Would i be within my right to take the dog back - seeing as it hasn't been paid for in full and is still registered in my name? OR am i entitled to the "difference" to be paid to me from the work on the car?

Comments please...............
Old 10 April 2009, 12:23 PM
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BRI4N
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Hmmm Tricky one. Not sure on the legal side, but is the dog micro-chipped? Would you be able to prove ownership?

I'm sure our legal team will be able to advise.
Old 10 April 2009, 12:26 PM
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failure of consideration = no contract, return the goods.
Old 10 April 2009, 12:30 PM
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Originally Posted by Milamber
failure of consideration = no contract, return the goods.
What does that mean LOL - am i within my right to take the dog back?

I hold the paperwork for the dog in my name. She wasn't chipped along with the others
Old 10 April 2009, 12:58 PM
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Originally Posted by Ms Gooner 1
What does that mean LOL - am i within my right to take the dog back?

I hold the paperwork for the dog in my name. She wasn't chipped along with the others

"Consideration" for these purposes is the agreement to do work for you. If you had agreed to do it this way to avoid paying tax then that makes it an illegal contract though.....

He hasn't paid you so he doesn't keep snoop the dogg. How you get it back is another matter.
Old 10 April 2009, 01:08 PM
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Originally Posted by Milamber
"Consideration" for these purposes is the agreement to do work for you. If you had agreed to do it this way to avoid paying tax then that makes it an illegal contract though.....

He hasn't paid you so he doesn't keep snoop the dogg. How you get it back is another matter.
Defo no Tax Ivasion purposes in this deal. He is good at what he does - so we wanted him to do the work on the vehicles - if/how he pays his tax is none of my business LOL.

How we get the dog back ............. We'll knock and "ask" for back

Thanks Chris.......... lastly - obviously we don't want any "messy" business here - is this a police matter - i.e. could we take a police escort to ensure we get our goods and he doesn't get a broken nose
Old 10 April 2009, 01:19 PM
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I don't beleive the Police will be interested as they will see this as a Civil Matter & not a legal one....

Wern't you the people with the beatiful GS puppies, whose parents could be seen, but nothing else. Wasn't this due to the fact that they are working dogs.....

I'm not suggesting anything, but perhaps one of these friendly GS dogs fancies a trip out.............

Whatever happens, good luck!
Old 10 April 2009, 01:30 PM
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Originally Posted by Scooby Blue WRX
I don't beleive the Police will be interested as they will see this as a Civil Matter & not a legal one....

Wern't you the people with the beatiful GS puppies, whose parents could be seen, but nothing else. Wasn't this due to the fact that they are working dogs.....

I'm not suggesting anything, but perhaps one of these friendly GS dogs fancies a trip out.............

Whatever happens, good luck!
LOL - indeed we do have stunning GS puppies and both parents indeed can only be SEEN. However, they are WORKING dogs and "collections" isn't in their job description
their handler on the other hand is more than equipped to carry out such "matters" - just wouldn't want it to get silly, which knowing this person - it could do. At the end of the day, the way i see it, he's not kept to his side of the bargain - so i don't feel i should uphold my side - especially as i am at a loss - a considerable one at that!

But - he's not likely to just hand the dog over now is he - so i was hoping that a police presence would persuade him

never mind - off to Benfleet we go then
Old 10 April 2009, 01:39 PM
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Originally Posted by Ms Gooner 1
Defo no Tax Ivasion purposes in this deal. He is good at what he does - so we wanted him to do the work on the vehicles - if/how he pays his tax is none of my business LOL.
exactly.... still a grey area with no invoice but that's just being a bit picky.

Originally Posted by Ms Gooner 1
How we get the dog back ............. We'll knock and "ask" for back


Originally Posted by Ms Gooner 1
Thanks Chris.......... lastly - obviously we don't want any "messy" business here - is this a police matter - i.e. could we take a police escort to ensure we get our goods and he doesn't get a broken nose
As already said they won't be interested. If you can get a policeman on your side and say you are worried about a breach of the peace then they may be prepared to spend 5 mins to accompany you. I do very seriously doubt it though.
Old 10 April 2009, 01:51 PM
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Originally Posted by Milamber
As already said they won't be interested. If you can get a policeman on your side and say you are worried about a breach of the peace then they may be prepared to spend 5 mins to accompany you. I do very seriously doubt it though.
Agreed.
Old 10 April 2009, 02:12 PM
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^ All dressed up with nowhere to go
Old 10 April 2009, 03:28 PM
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if gooner knocked on my door he can have anything he wanted !!!

hope you get a resolve one way or the other....

i've been stitched up over favours in the past (one company no longer trades but they used to take cars apart)

everything has a monetary value now.

although i am still very trusting
Old 10 April 2009, 03:59 PM
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Originally Posted by WRX_Dazza
if gooner knocked on my door he can have anything he wanted !!!

PMSL !! Me to !!


LOL @ Chris's big words
Old 10 April 2009, 04:09 PM
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You need a Bailiff
Old 10 April 2009, 04:11 PM
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Originally Posted by Tiny

LOL @ Chris's big words
Charlotte must have been helping him...

Old 10 April 2009, 05:29 PM
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Originally Posted by customdanioc
You need a Bailiff
Old 10 April 2009, 10:31 PM
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Originally Posted by WRX_Dazza
Charlotte must have been helping him...



those school fees have got to come in handy
Old 11 April 2009, 09:08 AM
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Hiya....

hope this will help, yes as said before it is a civil matter and the police will do nothing

As far as the paperwork is concerned the KC reg certificate is just a proof of parentage although it does say certificate of ownership ...it isnt prrof of ownership, a friend of ours who also shows their dogs had a dog in partnership with someone in name (Kc Forms) but the dog lived with the other people, when it all went wrong my friend demanded the dog back but didnt have a leg to stand on as the other people in the eye of the law had raised and taken care of the dog.

We have several dogs which are still in our name with the Kennel Club as people haven't bothered to transfer them.

If the dog has been to the vets etc and the new owner can prove that they have paid vets bills etc this proves ownership more than any peice of paper.

The only sure fired way of proving ownership in my opinion is by identification either by microchip or tattoo and holding the relevant paperwork for these.

Not much help I know but you can get a CCJ against him for not alot of money and you can do it online!

other than that kick his door in! lol

Rachael x

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Old 11 April 2009, 11:21 AM
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Really and truely i don't WANT to take the dog back - but at the same time - i wont be made a fool of and owed either! If i knew for sure where he lived i would send a letter recorded delivery and if i still got no-where i would possibly take him to court. Don't want to knock on his door as i think it might get rather out of hand - and he's not just gonna hand the dog over now is he!

So - we'll see what comes of it, there's a few peeps on here that will no where he lives for sure tho
Old 11 April 2009, 05:05 PM
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Have you any idea where abouts he is?

if so we could all go and do a scooby stake out ;0)

Its tossers like this that spoil it for everyone else...good luck with him hopefully the result wont be too messy

Rachael x

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Old 11 April 2009, 07:09 PM
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Originally Posted by Corblyme

other than that kick his door in! lol



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