Urgent help required - all is shut at the w/e

brightideer

OK, cat's back with owners.

Didn't mean to mislead. Just using my vocabulary. "Client" doesn't always carry the same weight as you think; another sense is (a dependent, one under the protection of another)

Anyhow, all sorted.

Time to put the thread to bed.

BRIGHTiDEER

arcon5

brightideer wrote: »

OK, cat's back with owners.

So did she manage to pay it? Make a deal? Other?

brightideer

arcon5 wrote: »

So did she manage to pay it? Make a deal? Other?

Apologies.

I paid.

Maybe I'll be back on here for advice on how retrieve my cash back from my [STRIKE]clients[/STRIKE] friends.....;);)


BRIGHTiDEER

peachyprice

That was very kind of you, hopefully you won't have any problem getting your money back, in installments no doubt.

sunnyone

alistair.long wrote: »

I have read some posts so appologies if Im repeating myself.

The cat company can keep the cats and charge, its called tresspass to chattels, and this is perfectly legal.

My advise would be to get a managable loan, for the payment, otherwise your cats will age and then when you get them they will be angry or have forgotten you.

Can I hell remember the proper french name for this.

brightideer

sunnyone wrote: »

Can I hell remember the proper french name for this.

writ of trespass de bonis asportatis ???

maybe?

from wiki

BRIGHTiDEER

shaun_from_Africa

brightideer wrote: »

OK, cat's back with owners.

Now the fun starts.
When I got my puss back home from the cattery it was a good 6 months before she would go more than 20 feet from the house and well over 2 years later she is still a bit nervous when away from people.

I'm sure that your friends have read up on what to do, but a collar with a name tag for each cat is a must (and I'm assuming that they were microchipped as part of the importation /quarantine process) as is ensuring that they keep them indoors for a fair while so that they realise that where they are now is their new home.

Flyboy152

shegirl wrote: »

They'd be incredibly lucky if they agree to that.At the end of the day the cattery are using resources to keep these cats and it's costing them money so they should be paid for it.As harsh as it may seem to the owners they can't expect them to lose money.

But that is the cattery's choice. The OP's "clients" have not agreed to that. There would be no contract term that would conform to the CPUTR that would say that the cattery can keep the cats, if the bill is not paid. The customers offered a perfectly reasonable solution, but the business rejected that solution, which was entirely their choice. This amounts to a financial penalty which the business cannot levy.

OP

At the moment their only option is to apply to the courts for an injunction, to release the cats to the care of their owners. The cattery would have to prove that their actions were fair and reasonable (which will not be easy to prove at all), they would also have to show that they gave reasonable consideration to the customers' request to pay in instalments and to demonstrate that they had justifiable reasons for rejecting the proposal.

Flyboy152

shegirl wrote: »

DD's can be cancelled,checks can bounce...they've lost money keeping these cats longer than usual due to non-payment,so it's no surprise they don't want to risk not recouping it.

Try and set up a final payment with them or take a loan to pay,it wouldn't be right to try and get away without paying..in the time they've had these cats they could have had others in their place,others having their food and care and be paid for it

That is what the small claims court is for.

Flyboy152

peachyprice wrote: »

They're not being fined, they are being charged for a continuing service because they have failed to pay their bill on time.

Imagine putting yourselves in the catteries position, you have a client who can't afford to pay the bill they've had six months notice of to get their beloved cats out of quaratine, out of the kindness of your heart you let the cats go home, the owners disppear of the face of the earth, you never see the money they owe.

Unfortunately cats are not like cars or houses, they're not registered, you can't put a restriction or charging order against them, so the sensible thing to do is hold on to them until the owners pay the outstanding bill. The fact that they are being charged more the longer they stay is entirely the owners fault for not ensuring they made provisions for the known bill, no-one elses.

The cattery is attempting to levy a financial penalty upon them. They cannot do that, only a court can.