Recieved,a MCOL, for 2 kittens I sold Please any help appreciated.

[Julie Ishers]

Sorry to bother you, when I go online to start this process which option do I choose, there is one for admitting to some of the claim, one for none of the claim, and when I have done this is there then a space to write what you put above ?? or do I then have to wait for something else to be sent to me ? I don't want to go onto the website incase I make a mess

[steampowered]

You are defending all of the claim, presumably.

[Desperate Daniella]

You are defending all of the claim because you have already reimbursed her for the kittens and the claim is solely for the vet's bills.

 

As steampowered says, you can go into more detail in the Witness statement which you'll have to do further down the line. I think it is relevant that all your cats/kittens are fine and so is the one who went to Edinburgh. This could help to show that the kittens contracted their illness after they left you.

 

I think at some point you do need to speak to the vet. At the moment you are just accepting what this woman has told you and I find it absolutely astonishing that if the vet had felt there had been the slightest chance of the illness being parvo that she would send the kitten home knowing there was another kitten there.

[Julie Ishers]

oxk thankyou very much

[Desperate Daniella]

I know you are very upset and devastated about what happened to the kittens - I would be too - but I really don't think she has a case and we'll get you through the process. Just do the acknowledgment for now.

 

The Defence steampowered has suggested is excellent, but it may help even more if you can see those invoices and speak to the vet before you put it in. You have time to do that.

 

Big hug,

 

DD (who really loves her cats too and falls to bits when she loses one.)

[Julie Ishers]

awww thankyou so much, you have all been fantastic and though I am still very upset and worried about it all I feel as though someone has listened to me, you are all brilliant x

[Desperate Daniella]

We aim to please.

[andydd]

Does that sound like someone is doing it on my behalf? I am worried that if I sound cold towards this the Judge will think im awful ;(

 

Well, most cases have someone doing on your behalf, solicitors !, dont worry it doesnt sound cold at all and a Judge will be pleased to see a well written concise defence in front of him/her, considering the amount of badly written rubbish they must usually see in small claims cases.

[Julie Ishers]

Hi, I did as you all advised and today I have received a Notice of proposed Allocation to the small claims track, I am very unsure as to what to do next, should I go for the mediation process ? I live far from this court, and I do not drive, so unsure as to what to do next. I states on this form that if I do not believe that this allocation track is not the appropriate method etc, I am really worried as it seems that they do not agree with me as they have now sent this form....help please x

[Desperate Daniella]

Hi Julie,

 

Please don't panic. This is just a standard Court notice, and it's got absolutely nothing to do with their not agreeing with you.

 

Firstly, as the Defendant you can ask for the Hearing to be at your nearest court.

 

I think you should go for mediation. Courts like you to show willing, and it's a very gentle process done over the phone. You don't speak directly to the other side - you just speak to the mediator. As you have been more than reasonable in this case the mediator might be able to help.

 

Just complete the form saying you would like the Hearing at X court, and fill in the mediation form too.

 

DD

[Julie Ishers]

Thankyou Daniella, I shall do that. I am concerned that if I go for mediation it will appear that I admitting to their claim ? I am a housewife, I do not have funds etc, if I make an offer I would have to pay monthly payments etc, it is all very scary as I have never had any legal actions or court letters in my life, and now all this, I cant sleep, im so unhappy and I feel as though nothing in life is right. I suppose everyone feels like this..... it is just awful x

[Sparks_]

Thankyou Daniella, I shall do that. I am concerned that if I go for mediation it will appear that I admitting to their claim ? I am a housewife, I do not have funds etc, if I make an offer I would have to pay monthly payments etc, it is all very scary as I have never had any legal actions or court letters in my life, and now all this, I cant sleep, im so unhappy and I feel as though nothing in life is right. I suppose everyone feels like this..... it is just awful x

 

Going to mediation is not admitting the claim, it is showing you are being reasonable and want to sort this out

[Julie Ishers]

ok thankyou for your help

[Desperate Daniella]

Thankyou Daniella, I shall do that. I am concerned that if I go for mediation it will appear that I admitting to their claim ? I am a housewife, I do not have funds etc, if I make an offer I would have to pay monthly payments etc, it is all very scary as I have never had any legal actions or court letters in my life, and now all this, I cant sleep, im so unhappy and I feel as though nothing in life is right. I suppose everyone feels like this..... it is just awful x

 

The courts are overloaded and they are only too pleased if a case can be settled by mediation. You are not admitting anything by agreeing to it. Your conversations with the mediator are confidential and if it isn't settled and does go to court the judge is not given any information at all about the mediator's discussion with you.

 

You are going to need some proper information from the vet though. Have you spoken to them yet?

 

DD

[Julie Ishers]

Hi no I have managed to enlarge the pictures that the lady sent me so I can see the treatments etc, obviously this is their vet and he will no doubt want to help them. I do not want to speak to them as I am so angry that I would probably make things worse than what they are, they can produce their vet bills, but they cannot provide any post mortem report as they did not have one. The emails I have kept from them, stating that kitten 1 is home and running around and happy, then to being informed that kitten had died some days later does not make sense to me, the vet knew that the lady had another kitten at home, so must of truly believed that they had sorted out the kittens health issues.....

[Desperate Daniella]

Hi,

 

Does the bill look right? Is it for both kittens?

 

I know you do not want to speak to them, but at some time you must contact them.

 

I think you should write and say something like:

 

I am the previous owner of xxx kitten who was brought to you by Mrs X.

 

Mrs X has informed me that you originally diagnosed parvo virus but subsequently said that xxx did not have the virus and therefore that it would be safe to send xxx home to be with this brother.

 

Mrs X then emailed me to say that xxx was lively and happy, but both xxx kitten and his brother subsequently died within days. Mrs X has said that there was no post mortem, and I am unclear if zzz (brother kitten) was ever brought to you for treatment.

 

I should be grateful for any information you can give me about the diagnosis and treatment xxx received, and also let me know if zzz was also treated.

 

Y/s

 

I know you are angry with the vet but at the moment you only have Mrs X's version of events.

 

DD

[hightail]

It is most unlikely that the plaintiff's vet will give you this information as a result of your request alone. I think you'll need to ask the plaintiff to release it. The vet records should form part of their evidence anyway so you should get a copy.

[steampowered]

I agree with hightail - I think it is unlikely the vet would talk to you as this is confidential information. The other side will have to disclose to you the documents they want to rely on in court in due course. Its up to them to prove their case. Frankly even if they had all the medical evidence in the world its difficult to see how they would be successful unless they allege and prove some sort of promise about the health of the kitten.

 

 

You shouldn't get too stressed about this. It is just court procedure. Follow the procedure and simply defend the claim at the hearing.

[Desperate Daniella]

I don't think they will release it. I suggested the letter because I think it may prompt the vet to speak to Mrs X. At the moment what the vet "said" is all hearsay from Mrs X and I find some of that hard to believe. Mrs X may think she can win this without actually realizing that what she claims about the vet's conduct/diagnosis/advice will be challenged and needs to be proved.

 

I am suspicious about this although Julie keeps saying how lovely Mrs X is.

[hightail]

 

I am suspicious about this although Julie keeps saying how lovely Mrs X

is

I am not. Anger is an easier emotion to deal with than grief so this reaction is not a surprise. If this Mrs X has subsequently looked into getting 'replacement' kittens from elsewhere then the vet may only be a part of her case. We'll have to wait and see what comes through.