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statement of claim from council over dog

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becks3805 View Drop Down
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  Quote becks3805 Quote  Post ReplyReply Direct Link To This Post Topic: statement of claim from council over dog
    Posted: 11/January/2012 at 14:16
   8 years ago my dog had puppies. I had the puppies microchipped and sold them. I did the correct thing and let my local council know the new owners details. In 2010 (the puppies would have been 7 years old by this time) one of them was picked up by another council the other side of sydney. The pound contacted me as one of the dogs was still registerred in my name as my local council failed to transfer it out of my name. I expla.ined to them that I am not the owner of that dog any longer and provided them with details of the new owner. Then in aug 2011 I had a statement of claim served on me for failing to collect my dog from the pound and pound fees ($900). I find out now that unless I can prove that I sold the dog then I am liable for these charges. It happened 8 years ago. I dont have any of the information any longer. Contacted my local council and they told me that it was too long ago to look it up. HOW DO I DEFEND THIS. I CANT BELIEVE THIS IS HAPPENING. I DID EVERYTHING CORRECT ACCEPT KEEPING THE DOCUMENTATION FOR 8 YEARS. WHAT SHOULD I DO.

AsiaOilDude View Drop Down
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2012 at 14:34
Jeez, I'm not microchipping my pets from now on!
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 11/January/2012 at 20:10
See a solicitor for assistance, you will need documentary evidence of the sale and a copy of the letter you sent the council advising the details of the new owner.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

boony View Drop Down
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  Quote boony Quote  Post ReplyReply Direct Link To This Post Posted: 12/January/2012 at 10:41
Becks, you posted the same issue 6 months ago. You received a response. If you were not satisfied you could have asked if other people had suggestions. Why are you posting again?

http://www.aussielegal.com.au/forum/forum_posts~TID~13622~KW~.htm

Edited by boony - 12/January/2012 at 10:42

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 17/January/2012 at 16:59
If you have no evidence of the sale of the dog provide a statutory declaration to the Council and include one from someone who at the time also knew you sold the dog. This is your evidence - a sworn statement. Find a base stat dec on the net and copy it.

becks3805 View Drop Down
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  Quote becks3805 Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2012 at 00:36
Thank you for your help. I have previously completed stat decs and witness have completed stat decs also but council say that I was the registerred owner at the time so I am liable for the costs. They say it dosent matter that I sold the dog 7 years previous.

Atikin View Drop Down
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  Quote Atikin Quote  Post ReplyReply Direct Link To This Post Posted: 24/January/2012 at 14:32
Don't pay and when it ends up at the Local Court plead not guilty and go to a hearing which you will probably win, the Council will have to pay your costs.

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