Vets, the law & microchips - help! (cats)

ItsMyCat

Hi can anyone help - cat related, not dog.

Scenario: cat gets taken to a vet by someone who "found the cat" for vaccines and a microchip. Ooooo whaddya know, its already chipped so vet (V) emails registered owner of the cat, do you want it back? Registered owner (RO) says "yes, I shall have her back thank you. What time etc". V: She's got kittens too, do you want those? "Yes, no problem I have plenty of space to care for them".

Fast forward...... the vets are busy (cosy little corner shop type vets)..... and they email to say the cat was sent on its merry way with found the cat person (FTC), here's FTC phone number.

So the RO had to contact FTC to arrange return of the cat. After FTC stalled and delayed for several days, a mutually convenient place sorted to return cat to RO. When the day comes FTC decides the cat is better off with FTC, has rehomed the kittens and that's that. (Cat is pregnant again).

Police were contacted and have called it a civil issue.

>>The cat had been missing since the tail end of last year. Due to lockdown etc a search wasn't triggered and it was assumed the cat had been run over (as had been the case with 3 previous cats). Of course as a microchipped cat there's always the hope of a "reunited with owner" situation.

Abbreviated and kept neutral to avoid your boredom!
Looking to escalate accordingly.... so would appreciate direction.

ItsMyCat

May I add, who will be responsible for the costs incurred by the cat should it need critical care etc? Has any party been negligent? Whose cat is it?

tacpot12

The police can call it a civil matter, but theft is theft, and if they won't prosecute the crime, then perhaps you should. How deep are your pockets? If you have home insurance, you may find that you have legal expenses cover, and that there will be a legal helpline you can call for advice on this sort of situation. I doubt they will cover you to mount a private prosecution, but they will tell you want you might be able to do if you are desperate to get the cat back. 

However, you have gone through the grieving process already, I would be inclined to save your money and get a new cat from a shelter. Please make sure any cat you get is neutered. Letting an unneutered cat get out was somewhat irresponsible. 

If you have real concerns for the welfare of the cat call the RSPCA.

ItsMyCat

The issue isn't about neutering or providing support to charities and organisations.

Ownership and liability is the issue. FTC is merrily 'accidentally letting the cat out' and having litters from the cat.... who's cat is it?

Looking into the home insurance is an option indeed, yes - thank you.

sheramber

 When compulsory microchipping was brought it was highlighted that a microchip did not prove you owned the animal. It only proved you owned the chip.

I am not aware if the law   has been changed.

Presumably, the cat has been fat large and free to return to its original home but chose not to.

It would probably be up to the court to decide  who should keep the cat.

 If at the end of the day the cat stays where  it is make sure the microchip registration is updated.

A vet would bill whoever took the cat for treatment as presumably happened with the visit for vaccines..

ItsMyCat

Thanks

Yes, the law has changed. It is now about ownership - hence the vets contacting the owner who said they'd want their cat back. The person who has the cat in their possession has bred from the cat, and is now breeding from it again - without prior checking if the cat had an owner.

Quite often a cat would be taken to a vets for treatment after accident/injury - and would contact the owner. Hence checking whether the owner would be liable for the costs (without having had the opportunity to have the cat returned to them)

Pollycat

I'd be pretty damn furious at the veterinary practice who checked that the real owner (RO) wanted the cat back and then sent it 'on its merry way' with someone else (FTC). Busy or not.

Mind you, I'd have been very proactive in trying to find my cat if it went missing - lockdown or not. I wouldn't have presumed it had been run over.

Was there a reason you didn't have the cat spayed?

Was it a house cat and escaped?

tacpot12

Pollycat said:

I'd be pretty damn furious at the veterinary practice who checked that the real owner (RO) wanted the cat back and then sent it 'on its merry way' with someone else (FTC). Busy or not.

Mind you, I'd have been very proactive in trying to find my cat if it went missing - lockdown or not. I wouldn't have presumed it had been run over.

Was there a reason you didn't have the cat spayed?

Was it a house cat and escaped?

To be fair to the surgery, they didn't know the FTC person wouldn't return the cat when asked to do so. If the OP had specifically asked them to board it until it was collected, the surgery would have had a duty of care to the OP, but if the OP isn't their customer, I'm not surprised the surgery sent it on its way. 

If the OP has a claim, it is against the FTC person.   

Pollycat

tacpot12 said:

Pollycat said:

I'd be pretty damn furious at the veterinary practice who checked that the real owner (RO) wanted the cat back and then sent it 'on its merry way' with someone else (FTC). Busy or not.

Mind you, I'd have been very proactive in trying to find my cat if it went missing - lockdown or not. I wouldn't have presumed it had been run over.

Was there a reason you didn't have the cat spayed?

Was it a house cat and escaped?

To be fair to the surgery, they didn't know the FTC person wouldn't return the cat when asked to do so. If the OP had specifically asked them to board it until it was collected, the surgery would have had a duty of care to the OP, but if the OP isn't their customer, I'm not surprised the surgery sent it on its way. 

If the OP has a claim, it is against the FTC person.   

The surgery asked the real owner if she wanted the cat back.

They then gave the cat to someone who had found it - who wasn't the real owner.

Why ask the owner if she wanted the cat back if they weren't going to return it to her?

We don't know exactly what was said in the conversation between the owner and the vets.

But a time for collection was discussed.

ItsMyCat said:

Scenario: cat gets taken to a vet by someone who "found the cat" for vaccines and a microchip. Ooooo whaddya know, its already chipped so vet (V) emails registered owner of the cat, do you want it back? Registered owner (RO) says "yes, I shall have her back thank you. What time etc". V: She's got kittens too, do you want those? "Yes, no problem I have plenty of space to care for them".

If the OP turned up at or before the agreed time, her cat should still have been there, waiting to be collected by its real owner. As agreed.

If the vets thought the real owner should pay something towards holding on to the cat, that should have been discussed in the original conversation.

There is nothing to say that was discussed or wasn't discussed.

I'll reiterate - if a vet had rung me to tell me that my months-lost cat had been found, I'd have expected it still to be there when I went up to collect it at the agreed time.

And would have been damn furious to find they'd given it back to the person who found it.

On the other hand, if I was FTC, I would have been annoyed to find that the vets had given out my telephone number without asking my permission. Even if it was to the owner of the cat.

Fair to the surgery?

I think they've cocked up on several levels.

ItsMyCat

Yes collection was mutually agreed between RO and WTC. WTC declined to turn up, preferring instead to keep the cat.

sheramber

Not relevant here as the OR agreed to the FCT taking the cat to return it later, but would a vet have any legal power to keep the cat if the  FTC insisted on taking it away with her/him?

You can take your claim to the small claims court. The threat of legal action may be enough to for FCT to give cat back.

or you could try these people

https://blanchardslaw.co.uk/services/pet-custody/   no experience and not a recommendation.