I want my dog back

Comms69

Hupka1934 said:

No I'm sorry I don't believe that;  I will get her back somehow, she does not deserve a miserable existance with him!  Thank you for your advice and comments though.

I hope you do. But i fear that as the legal channels close you may do something you regret.

I honestly must reiterate, if you just take her, you will be stealing her and people have been prosecuted for similar offences. Good luck

I really do think the best chance is to simply buy her from him

GBNI

I would be keeping an eye on local selling pages, gumtree etc and the likes just in case he tries to sell her on if he's as bad as you are saying he is. 

ZaSa1418

GBNI said:

I would be keeping an eye on local selling pages, gumtree etc and the likes just in case he tries to sell her on if he's as bad as you are saying he is. 

Agree with this, also check the microchip details haven't been changed incase she gets out and then they will call him rather than you. 

Hupka1934

She is still registered with me at the vet (he has not registered her at any other vet without my knowledge as I have checked).  My vets do not have his number and know of the circumstances as they had previously called and text him reminding him Roxys innoculations have lapsed;  he didn't even call them back or repy to their text.  They would be prepared to provide evidence of my phone calls to the courts as I am concerned she's not protected.  Also the identichip had my old address on before I moved in with him and has been changed to my new address;  he does not know where I live.  He would not sell her or take his half of payment for her back.  Not even answering my texts re Roxy at all!!  He is the type of person, if I did win her back in court, he would probably do her in just so I don't have her.  He is a very clever man but also a compulsive liar with a foul temper which I learnt were part of a Narcs traits.

sheramber

 If she lived with you before you moved in with him when did you buy her?

Aranyani

How can taking possession of your own property ever be theft?

Comms69

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

Aranyani

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

Comms69

Aranyani said:

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

I'm not debating this because the law is crystal clear on this. The example i gave is the case which forms precedent. The fact it's a car and not a dog is irrelevant. 

Aranyani

Comms69 said:

Aranyani said:

Comms69 said:

Aranyani said:

How can taking possession of your own property ever be theft?

Because the theft act says so?

s.5 - https://www.legislation.gov.uk/ukpga/1968/60/section/5

Just as an example - taking your car from the garage without paying the bill is theft, not a civil matter. as they were in possesion and control of the property. This is in effect no different. 

(1)Property shall be regarded as belonging to any person having possession or control of it, or having in it any proprietary right or interest (not being an equitable interest arising only from an agreement to transfer or grant an interest).

So the ex has possession and control, but the OP has proprietary right or interest. 

Do you have any examples of real cases where someone has been convicted of theft for taking possession of their dog from an ex like this? 

I'm not debating this because the law is crystal clear on this. The example i gave is the case which forms precedent. The fact it's a car and not a dog is irrelevant. 

I'm sorry but if its crystal clear and you have examples I don't understand why you won't share them with the OP?