Small claims court for dog maintenance?

myfairlady

Hi, I wonder if you can please advise? I've received an email saying my ex is taking me to court over non payment of 'dog welfare'....on the claim it says he has 'whatsapp messages' where I've said i'll pay an amount monthly. 
Truth is, he owns the dog, its in his name and I've not seen him or the dog for years,  so I stopped the standing order. 
Question is, can whatsapp messages be used against me? I was doing this out of the goodness of my heart and there was never a written agreement. 
Any advice gratefully received. Many thanks

comeandgo

You do not need a written agreement, a contract can be verbal and that seems to be what you agreed.  Whether it is enforceable the court will decide.

Brie

I wouldn't ask this about child maintenance (the closest equivalent in my mind) but do you know the dog is still alive?  You say you haven't seen the dog for years so what are you paying for?    

Sandtree

How much per year were you paying?

Why did you decide to stop after seemingly agreeing that you would be making payments. What did your original message that said you would pay exactly? Why did you agree to pay it in the first place?

pinkshoes

Just reply saying that as a good will gesture you made a few monthly payments towards HIS dog until he could sort himself out then stopped them. Tell him if he is struggling with payments for the dog then you will kindly help him to rehome it.

Thrugelmir

See if the matter actually proceeds to court action. Words are cheap and threats easy to make. . 

bris

Well there is a written agreement, it written on whats app.

Did you get a financial settlement agreement in place up when you seperated?

If not you may still be financiaally associated with him. It can get complicated when you split up without things in writing

Best bet is to let it go to court, I can't see a win here unless you are still tied in financially.

myfairlady

Thank you all for your comments, really appreciate it. 

Years ago when we split I said I’d help out by paying £40 month towards pet insurance ( I can’t remember exactly what I said on WhatsApp, and didn’t keep the messages). We’re both remarried and I have my own family dog. I had forgotten I was paying it (along with an unused gym membership!), so cancelled it. 

None of this was written in our divorce settlement, I was just trying to be nice. As far as I know the dogs still alive. 
I’ll logon and defend it and see what happens. Thanks again everyone. 

Thrugelmir

Did you have a financial consent order drawn up when you divorced?

myfairlady

Thrugelmir said:

Did you have a financial consent order drawn up when you divorced?

No we didn’t. It was an amicable split, no children…just one dog, which he kept. 

Do you think a court would proceed with something like this? 

user1977

It would have to be some very clear promise to pay indefinitely to be enforceable, I would have thought.