Letter Of Claim for death of cat now Court Claim received.

[danyboy72]

thanks bankfodder,

i used the letter you made for me, i sent that letter to them within the 2 weeks of letter of claim and now have received one back(attached above 3 letters pdf) the evidence required was:

1. reports of any work carried out by vets, diagnosis and conclusion.

2.

documentation relating to the burial of your pet along with any comparator estimates which you would have obtained in order to decide the most economical way to proceed.(she hasnt supplied a receipt for the jcb digger or any comparator estimates)

3. certain petrol costs. Please let me have receipts and also an explanation of the mileage involved. I would also like clear and accurate documented mileage for your petrol costs and the miles per gallon of the make and model of your car.(she hasnt provided any receipts or acurate milage. she has not also shown any routes taken or provided the make and model to determine the miles per gallon)

4. I notice also that you say that the majority of your expenses have been covered by insurance. Please will you let me know what they are so that I can understand what portion of the money you are seeking from me is represented as a percentage of the total insurance payout.

5. I understand that your deceased pet was a pedigree Bengal. Please supply me with details of pedigree registration, original purchase receipts, and details of the microchip registration. Also any recent veterinary reports relating to the health of the animal.

Please would you also supply photographs of the pet before it received any injuries and afterwards. (she has not provided any microchip info or photos of before and afterwards of the animal)

6. Of course it is unusual for a pedigree animal of this kind of value not to be kept inside the home. Maybe you could let me know why on this occasion your pet was out of your house and even to the extent that it was in a public space where it apparently attracted the interest of my dogs. Please could you confirm that the home of the cat is the address from which you are writing and if not what is the address of its usual home.(she has not answered this or confirmed the cats home address - sh also has invoices from a different address)

 

[danyboy72]

this is the letters and bills she has sent me

3 letters merged.pdf appendix 1-21_compressed.pdf

[danyboy72]

sorry bankfodder - i appreciate your help but i havent got a scanner - you told me previously to use adobe scanner app which ive done - i cant help it if the app has scanned them poorly.

 

as theres lots of points/issues with this letter it will be hard to briefly list them but ill try to shorten them tomorrow

[danyboy72]

thanks labrat - youve done what i was having trouble understanding

[danyboy72]

thanks to all,

does anyone know roughly what i should put in the letter?

should i let them know they cant claim the full cost of the cat? or as ftmdave suggested let them mess up their claim by not mentioning it?

 

thanks

[danyboy72]

thanks bankfodder - i will print that off and send it.

labrat - no the addresses are not near the barn. as i mentioned a while ago - the owner has lots of feral cats living in the barn (to keep mice away i assume).

[danyboy72]

bankfodder i dont know when it expired - they didnt say - all they put in their last letter was a handwritten bit at the end that said week commencing 24/04/2023

[danyboy72]

no - the opposite : her mother kept texting me ...and i never replied to her. the only thing ive done (answering back) is that i sent 1 letter to the cat owner...which was the letter you drafted for me.

 

 

[danyboy72]

ive just returned from holiday and have got a MoneyClaim letter - copies attached.

what should i do now please?

 

[danyboy72]

merged

1_2_3_4_5_6_7_merged.pdf

[danyboy72]

i only got the letter this morning - what else can i do?

[danyboy72]

ive managed to log on the MoneyClaim onlince service after receiving errors....very hard to do.

ive clicked that i need more time (14days)

shall i reject all of the claim?

[danyboy72]

no most of what they are saying is untrue

[danyboy72]

here are the parts that are untrue:

3.3.2 me or my dogs did not tresspass through a fence boundary onto the private property called 'broadfield' which the claimants mother runs as a business. the incident took place on the verge of a road in front of 'broadfield'. the claimants mother video'd/photographed me and my dogs on a public road with the dogs tied up to a gate of a neighbouring property which is not on her property. the fence boundary that the owner is referring to is not fit for purpose ie: to stop her animals wandering out and stop other animals coming in, as the fence is delapidated and has been laying on the floor for years in a state of disrepair - photos can be provided as evidence/proof. my dogs were not out of control - my dogs were ahead of me as the claimants cat was 800 metres outside of 'broadfield' (not the pet owners home address) on a field and inticed my dogs to chase it back in the direction of 'broadfield'.

 

3.4.3 when i arrived at the road after i tried to keep up with my dogs, i saw my dogs standing on the road looking towards the verge. i did not see a cat. i did not see my dog attack a cat. i saw an angry and aggressive man now known as the claimants partner and then a woman came out of the bushes in the verge to the road and started screaming abuse at me. i now know this woman to be the claimants mother.

 

3.5.4 i did not see the claimants partner or the claimants mother do any of the things mentioned in this section.

 

3.6.5 i arrived at the scene (not running away from the scene) as i came from the field to the road where my dogs were, which were not out of control as they was just standing there. i called my dogs and they came straight to me and i leashed them to a gate.

 

3.7.6 i tried to get my phone out of my pocket to call the police due to threatening behaviour and an abusive manner of the claimants partner but this made the claimants partner agetated. at this point i felt extremely intimidated and threatened. then the claimants partner told me that he IS the police and im not going anywhere to incinuate that he was detaining me in a forcefull manner. i felt extrememly threatened and violated for what was just an unfortunate accident that i did not witness. a 999 call was made by the claimants partner which was put on speakerphone so we could all hear. the operator told as that there is no criminal offence for a dog biting a cat. the operator said as its civil matter i may want to contibute toward vet fees but this was general advice not a professional opinion or advice in order to do so. i did not agree to pay ALL of the expenses incurred. during the phone call i said that the claimants partner has told me he is a policeman and i wanted an officer to come to the scene to verify this as he was threatening and intimidating me. all of the above is on the police phone call recording as evidence. i gave my true name and address to the claimants mother.

 

3.8.7 i did not witness this.

 

3.13 on the 6th of march i received a text saying "we'll give you one last chance to pay £1000 to avoid a case at the small claims court". i did not agree to pay this amount or ALL of the incurred expenses.

 

3.18 the photographs taken of my dogs and i were on a public road - not trespassing on private property.

 

3.29 i did not receive a breakdown of compensation sought. i asked the claimant to provide a detailed and accurate breakdown of miles incurred in her car. i asked for detailed milage, routes taken, the make and model of her car and receipts for petrol so that i could verify that the total amount was correct but the claimant did not supply the detailed miles, the routes she took, the make and model and engine size of her car or any petrol receipts. without this vital information an accurate amount for expenses of milage cannot be established. i also asked for a receipt for the 'exessive' amount of money for an industial digger used to dig a simple pet grave, this was never provided to me.

 

 

timeline of what happened:

28th of january: i did not allow my dogs onto the claimants mothers private land - they never entered her property. i did not see my dogs attack a cat.

13th march. i received a letter before action requesting compensation for an amount i never agreed to pay.

10th of april. the claimant said she sent a letter containing all the relevant documents - this is not true as at least 2 documents i requested were never supplied.

 

[danyboy72]

no nicky boy..no witness statements have been submitted

[danyboy72]

the claimant has provided a receipt for the cat.

sorry im not more responsive, as i didnt know that i had to respond for each paragraph point by point - its the first time ive had to do anything like this.

i just answered the ones that wasnt true.

i would have been helpful if you had told me twhat to do...as in answer with "true", or "not true," or "not admitted" before hand as i had no idea that i had to do this.

i dont know what redacted means?

i cant see where it says a pet with a different name?

[danyboy72]

why is that obscure?

 

[danyboy72]

thanks bankfodder, when you say "I don't know where there is a pet with a different name either – but in one of the paragraphs, your redaction has made things so unclear that we don't understand." i dont understand that? what is unclear? ive only referred to one cat!

 

you say " You have redacted many things that weren't necessary." what have i redacted? i wasnt aware i did?

 

also how have you got all the claimants details? as i didnt mention anyones names but you have put their names above?

 

you say "I have cleared the redactions on your claim form. I have separated the paragraphs" - i have not got a clue what this is or what you mean????

 

ive came here for help and your just bombarding me with stuff i have no idea about but you seem to expect me to know what it all means. sorry if that sounds ungrateful - its not - its just i do not understand it all.

 

[danyboy72]

how have you got the claimants details?

i thought i had to leave any information like that out as not to expose any persons name or addresses etc for data protection etc?

also they could be on these forums and see everything that im doing about it?

[danyboy72]

thanks bankfodder - you worded it brilliantly - better than i can do.

the parts i would change (in blue) are :

paragraph 3.5.4 – once again, I did not have the confrontation. I only heard it. However I repeat that the confrontation did not occur on private land as alleged. It occurred on a verge beside the road after the cat had escaped the private property to a dilapidated fence.
It is believed that the dilapidated fence belonged to the property from which the cat escaped

i have attached a map of the scene to show where i was (map.pdf) ...i was walking the dogs at the green cross, the dogs spotted the cat roughly at that point.

the cat ran down that row of bushes/tress and the dogs chasd it (green arrow indicating direction). i was running behind but obviously cant keep up with the dogs and trying to get through the bushes trees is why i didnt arrive at the same time as them by the road which is marked in a red circle where it happened.

the dogs couldnt have got through the dense undergrowth between the road and the claimants property and then back out onto the road again where i met them.

the claimants mothers property is circled in blue.

i have also attached a photo of how dense the verge is next to the road but before their property (verge.pdf)...it is not the section with the dilapidated fence. i do have a photo of the section by the area circled in red that shows the fence on the ground. i cant find it now but will upload tomorrow.

 

when i was aware of what happend i called my dogs and they came to me. i then tied them (leashed) to a neighbouring propertys gate.

 

map.pdf verge.pdf

Edited September 15, 2023 by danyboy72

[danyboy72]

thanks i will read it tomorrow.

i was on my own - no one was with me.

when you say "Why it was in the garden at all" the cat was not in a garden.....the cat was at the mothers 'business' property which is the field circled in blue.....the claimants residential address is about 2 miles from where the cat is kept in a barn in the field which is the mothers property.

other neighbours have said the cats sleep in the barn...so basically its not a normal pet that is kept at home.

she has other cats that roam the fields and roads...other neighbours are always saying they have to swerve her cats when they are in the road, she obviously has cats around to keep the mice population down..they are not pets in the traditional sense.

[danyboy72]

thanks bankfoder,

ive just been going through the documents she sent me and have found the pedigree of the cat which says the claimant is the owner...so would this need to be removed: Paragraph 3.2.1 of the claim – it is not clear that the claimant is the owner of the cat.

i also believe the verge that i estimate to be 10 to 20metres wide maybe property belonging to someone else which is why the claimants mothers boundary fence is not next to the road...so if she does claim it is her property should she need to prove this??

also on the gate to the mothers property she has a sign saying "cctv surveilance" - so if my dogs where actually on her property she would have a recording of this? why hasnt she sent me the recording as evidence?

another thing that shes saying is wrong is that immediatley behind her boundary fence is a pond (directly in the direction of where the mother and boyfriend appeared from)..so if my dogs went onto her property they would have have to go through the pond...but they didnt and the claimants photos show my dogs were not wet...would this be benificial to my case?

i have attached a picture of the dilapidated fence ...it shows below the green line is the verge or possibly someone elses land. above the green line is her boundary with the dilapidated fence where you can see its fell down and continues to be on the ground to the right. the red arrow shows the pond immediately behind her boundary. and on the other side of the pond above the purple line shows a fence that she has to keep her horses in the field....would this be benificial to show that she has made no effort to keep her cats in and also shows that if my dogs did pass the boundary fence they would have to go into her pond?

i think the following needs to be changed:

Paragraph 3.3.2 of the claim – this is not correct and the claimant has no evidence that this is correct.

The defendants dogs were not on the private property. 
It seems that the cat had escaped/left to roam the countryside from the property belonging to the claimant's mother by means of a dilapidated boundary fence and then through dense undergrowth and was now approx 800 metres from the claimants property and now in a hedge line between a public footpath and a bridle path

 

Paragraph 3.3.2 of the claim – this is not correct and the claimant has no evidence that this is correct.

The defendants dogs were not on the private property. 
It seems that the cat had escaped from the property belonging to the claimant's mother by means of a dilapidated boundary fence and then through dense undergrowth and was now in an open field.
I believe that the dilapidated boundary fence belonged to the property from which the cat had escaped.
My dogs were not out of control. They were walking with me but then reacted in the way one might normally expect from dogs when a cat suddenly appears in front of them. it was the dogs instinct to chase.

 

paragraph 3.5.4 of the claim -once again, I did not see the confrontation. I only heard it. However I repeat that the confrontation did not occur on private land as alleged. It occurred in a hedge line approx 800m from the property after the cat had escaped the private property through a dilapidated boundary fence.
It is believed that the dilapidated boundary fence belonged to the property from which the cat escaped

 

also ive just remembered i have no witnesses but when the boyfriend was detaining me at the gate (where i tied my dogs) 3 people where coming down the lane and the mother went off to talk to them and she came back and said "be quiet now as these people have autism" which me and the boyfriend said ok then as they passed and walked off she smugly smiled and said in a sarcastic way "they are my witnesses"...would this be of any use?

Edited September 16, 2023 by BankFodder
edits

[danyboy72]

you keep asking where i was.

you asked me that on thread #120 and i have answered/explained that in thread #121 :

"the cat ran down that row of bushes/tress and the dogs chasd it (green arrow indicating direction). i was running behind but obviously cant keep up with the dogs and trying to get through the bushes trees is why i didnt arrive at the same time as them by the road which is marked in a red circle where it happened. "

 

also i dont know how the incident with the people would be useful as i have zero experience in going to court/how courts work/how witnesses etc work which is why i asked you if it would be useful as you would know more than me as you definitely have more experience in this sort of thing than me.

Edited September 16, 2023 by danyboy72

[danyboy72]

if you understood 'where i was'...why did you keep asking 'where is was'? ..anyway you have now changed it to 4 different questions to which i will answer.

What I want to know is where were you in the minutes before the incident = walking in the trees and bushes between the bridle path and footpath in the opposite field to the mothers property. the road separates the mothers property and the field opposite with the trees and bushes between the footpath and bridle path.

Where were the dogs? = in front of me in the bushes and the trees between the footpath and bridle path in the field opposite the mothers property.

Did the cat appear in front of you? = it must of, but i did not see it because of the bushes and trees and the dogs were in front of me so obviously the dogs saw it before me and as they are lower to the ground than me they had the advantage of seeing it before i did.

Did you only become aware of the cat after the dogs when after it? = yes

also how would visiting a court answer my question of as you have more experience with courts how the incident with the people would be useful ?

 

[danyboy72]

i submitted it.

i selected mediation aswell - so hopefully it will go mediation and i'll offer the £300 as before.