Cat fight over who owns lost moggy (From Sutton Guardian)
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Cat fight in Sutton over who owns lost moggy
8:00am Thursday 19th July 2012 in News Exclusive By Matt Watts
A feud over ownership of a lost-and-found family moggy could leave two pet lovers having a catfight in court.
Lauren Terry, 18, of Sutton, is considering taking legal action to reclaim her cat Podge, which was rehomed by the RSPCA after being picked up as a stray after going missing from near her family home.
Her two-year-old tom has been renamed as Mr Darcy, and is living with a new owner, who has refused to give him back.
It has left the two cat lovers on a collision course for county court, if they cannot agree who should look after him.
Miss Terry, who is hoping to study law at university this September, states under English Law that a cat is property, and only ceases to be if you give the rights away.
But the new owner can claim the RSPCA takes on the ownership once a cat is ruled as stray, and passes on that ownership when the cat is rehomed.
The new owner has made it clear to the animal charity they do not want to give up the pet, after it made a strong bond with their other cat.
A RSPCA spokesman said: "Both can claim a legal right to the cat and if they cannot settle it between them, it will be a matter for the courts."
Miss Terry said: "I did everything I could to look for Podge when he went missing.
"To be told I can't not have him back is awful."
"We want to make a public appeal to whoever him to please return him to his loving, family home where he is sorely missed."
Podge went missing around mid-march. Miss Terry, a former student put up posters around her local area.
She also followed the advice on the RSPCA's website, reporting the animal missing, checking their lost pet register; putting up posters and contacting local animal welfare centres and vets in nearby and surrounding areas.
But her search turned up nothing. It was only checking the RSPCA website for rehomed strays that she found a photo of Podge.
An RSPCA spokesman said: "Clearly, the local branch rehomed the cat in good faith but if Lauren can prove ownership of the cat then we can go back to the adopters and again ask them to return the cat to the original owner.
"This is a very sad situation, but the RSPCA does find loving new homes for more than 34,000 animals a year and situations like this are thankfully extremely rare."
Comments(43)
Crease2000
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10:50am Thu 19 Jul 12
sfocata
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11:01am Thu 19 Jul 12
Krissi
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2:31pm Thu 19 Jul 12
Angela M
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2:52pm Thu 19 Jul 12
The only way to avoid this is to get your cat micro-chipped. As it's too late for that, there's only one solution:
CAT FIGHHHHHHT!
I hope not
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3:24pm Thu 19 Jul 12
piglet2011
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6:34pm Thu 19 Jul 12
The cat should remain in its new home.
Presumably as Lauren is in receipt of benefits she is looking at Legal Aid funding for her case?
piglet2011
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6:34pm Thu 19 Jul 12
The cat should remain in its new home.
Presumably as Lauren is in receipt of benefits she is looking at Legal Aid funding for her case?
Crease2000
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6:43pm Thu 19 Jul 12
I don't think that her personal/financial situation comes into this. She clearly loved the cat dearly to want to fight to get it back.
LaurenBabiiieee
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7:03pm Thu 19 Jul 12
I am not an irresponsible teenager and am certainly not claiming benefits. I work full time at the moment for your your information - how dare people be so judgemental.
It happened to be that podge was in fact a house cat until the end of last year and yes it may have been a mistake on mine and my mums behalf however I don't think this is a reason to not be able to have my cat back as it does not mean I love him any less.
I clearly would not go to all this trouble to get him back if I didn't care.
Shaymarie123
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7:22pm Thu 19 Jul 12
You cannot say that Lauren is an irresponsible teenager. For one; you do not know her, for two; 18 makes you an adult.
Also to suggest she is claiming benefits is disgusting, just because she's a "teenager" as you put it. Finances has nothing to do with the love Lauren has with her cat Podge.
If she was irresponsible as you say, surely she wouldn't be responsible enough to go through all this and even take the legal route.
I believe that the cat Podge should be returned to its rightful owner; Lauren. Especially if she can prove she bought the cat. Podge "Mr Darcy" has only been with the new owners for a short period of time, however has been brought up by Lauren. It's like stealing someone's baby/family member.
The RSPCA should have contacted Lauren too, when a familiar cat had been taken in.
The dispute about the microchip should end as Lauren has clearly stated that Podge was a house cat therefore did not need to be chipped at the time. Just because the cat was not chipped does not mean Lauren and her family didn't love/care about the cat. If they didn't, why would they take this so far?
Think about it.
Crease2000
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7:45pm Thu 19 Jul 12
The micro-chipping argument is valid because even though it was a house cat, there was a potential for it to get outside. And. . . . oh look what happened! :o)
Michael Pantlin
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9:20pm Thu 19 Jul 12
LaurenBabiiieee
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9:29pm Thu 19 Jul 12
He simply got lost and hasn't been able to choose to come home.
hollielm
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10:42pm Thu 19 Jul 12
sfocata
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10:54pm Thu 19 Jul 12
Crease2000
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10:55pm Thu 19 Jul 12
LaurenBabiiieee
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11:35pm Thu 19 Jul 12
Crease2000
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11:48pm Thu 19 Jul 12
You had a house cat, it got out. He was fortunately picked up by the RSPCA who looked after him and re-homed him. Did it not even occur to you to pop a collar on him with a phone number?
LaurenBabiiieee
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11:53pm Thu 19 Jul 12
The point of the article is not to do with a microchip - the point is I registered him as lost with the RSPCA and was told I would be contacted if a cat matching the description was found. Unfortunately I wasn't contacted when he was found.
Anyhow. The cat was not microchipped - which I have already stated was a mistake, and I am appealing to get my cat back to his loving home.
Crease2000
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12:07am Fri 20 Jul 12
This whole process must've taken longer than a couple of days. I'm a cat lover and I would be distraught in your situation. However, someone has come along, adopted your cat and loves him so much that they don't want to give him back.
Take it from a law graduate. You don't stand a chance. Sorry.
LaurenBabiiieee
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12:14am Fri 20 Jul 12
I appreciate your opinion but there have been similar cases and the original owners have in fact got their cat back.
So I certainly will not stop persuing the matter.
Crease2000
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12:22am Fri 20 Jul 12
LaurenBabiiieee
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1:27am Fri 20 Jul 12
surrey-L
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9:56am Fri 20 Jul 12
If i was in your position i would be absolutely heartbroken!
Is there no option of shared custody? As silly as it sounds? That way everyones a winner.
I hope not
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2:26pm Fri 20 Jul 12
Caris1301
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9:11am Sat 21 Jul 12
TheEverardedbutt
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1:11pm Sat 21 Jul 12
Angela M wrote:or do a Damien Hurst, cut the cat in two, preserve in formaldehyde and give both women a half each.
It's sad for the first owner - but at least the cat wins either way. If he's happy where he is, it could be unfair to move him.
The only way to avoid this is to get your cat micro-chipped. As it's too late for that, there's only one solution:
CAT FIGHHHHHHT!
They both get to keep the cat and get a modern art installation into the bargain.
Win Win!!!
In all seriousness though, a cat chooses its owner not the other way round.
It would appear that by the cat disappearing on the first owner it has done exactly that.
Whatyousaying
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1:47pm Sat 21 Jul 12
Crease2000
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2:22pm Sat 21 Jul 12
piglet2011
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3:25pm Sat 21 Jul 12
Shaymarie123 wrote:So who is paying the legal fees?
Piglet2011;
You cannot say that Lauren is an irresponsible teenager. For one; you do not know her, for two; 18 makes you an adult.
Also to suggest she is claiming benefits is disgusting, just because she's a "teenager" as you put it. Finances has nothing to do with the love Lauren has with her cat Podge.
If she was irresponsible as you say, surely she wouldn't be responsible enough to go through all this and even take the legal route.
I believe that the cat Podge should be returned to its rightful owner; Lauren. Especially if she can prove she bought the cat. Podge "Mr Darcy" has only been with the new owners for a short period of time, however has been brought up by Lauren. It's like stealing someone's baby/family member.
The RSPCA should have contacted Lauren too, when a familiar cat had been taken in.
The dispute about the microchip should end as Lauren has clearly stated that Podge was a house cat therefore did not need to be chipped at the time. Just because the cat was not chipped does not mean Lauren and her family didn't love/care about the cat. If they didn't, why would they take this so far?
Think about it.
Lauren or the Legal Aid coffers?
Answers on a postcard me thinks.
piglet2011
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3:28pm Sat 21 Jul 12
I hope not wrote:If you can't afford the vet you can't afford the pet.
I am really sorry that you have lost him Lauren, but I do not think pursuing it through legal channels is fair on the people that have him, they haven't done anything wrong and if you do take it further, then they will have to pay to defend themselves, when in actual fact what has happened is an error. . . a heartbreaking one at that . . the RSPCA rescue thousands of animals each year and sometimes mistakes DO happen. I do feel for you, but I don't agree with cats not being allowed to roam freely (Michael Pantlin - spot on) and if you could not afford the £30 to chip him, would you have been able to afford the hundreds of pounds on vet bills if he had been hit by a car ? If you could not afford to do that, could you genuinely afforded to keep him if anything went wrong ? Sorry, I am playing devil's advocate and I do not mean to add to your pain, but I really do feel that he should be left with his new owners now and you should remember the great time you had with him and close that chapter in your life. The new owners should not be made to suffer for this mistake either . . .
Lauren was too lazy and greedy to get her cat chipped so she is irresponsible and should not be given a teddy bear to look after let alone a sentient being!
piglet2011
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3:29pm Sat 21 Jul 12
sfocata wrote:A chip would have solved the problem but Lauren decided going to the papers would be more beneficial to oil her ego.
Good point - hadn't occurred to me about the lack of chip.
Silly woman.
LaurenBabiiieee
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5:43pm Sat 21 Jul 12
If you have nothing sensible to write then don't write it.
Your simply trying to get thrills out of being a highly ridiculously opinionated person.
Keep your nasty comments to yourself.
sfocata
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6:34pm Sat 21 Jul 12
Shaymarie123
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6:51pm Sat 21 Jul 12
If not theyre just a horrible human being who judges a book by its cover.
Lauren's age, job, finances etc has nothing to do with this.
If she was a little child everyone would feel sorry for her, just because she is a teenage now all of a sudden she's irresponsible ?!
Stop being so stereotypical.
Lauren; just ignore the negativity. You love your cat, you fight for it :)
JPR
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7:01am Sun 22 Jul 12
TheEverardedbutt
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9:37am Sun 22 Jul 12
LaurenBabiiieee wrote:If your vet bills were covered by insurance then the cat would have been required to be micro chipped (Often in return for a sizeable discount)
You are seriously giving the reasoning of an 8 year old. Vet bills are covered by insurance.
If you have nothing sensible to write then don't write it.
Your simply trying to get thrills out of being a highly ridiculously opinionated person.
Keep your nasty comments to yourself.
I suspect you had no insurance and now know you have no chance of getting your cat back and are simply trying to use the papers to shame the new owners into handing the cat back.
Micro Chipping has always been the case with any animal I have insured (there have been a few, believe me)
As I have said before a cat chooses its owners not the other way round, if the cat was truly happy then it would have found it way back to you (As many cats have done in the past when displaced from the owners they clearly had some affection for) or not disappeared in the first place.
It looks to me like the cat didn't want to stay with you and disappeared at the first available opportunity
You made the mistake in not micro chipping your pet. The excuse that it was an indoor cat does not wash, a cat can get out of a letterbox if it so desires.
A cat is notoriously difficult to keep indoors and if anything this incident will ensure you microchip any future pet to avoid such a situation occurring again!
TheEverardedbutt
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9:44am Sun 22 Jul 12
LaurenBabiiieee wrote:The PDSA and RSPCA run regular events where anyone (regardless of benefit entitlement) can get their pet chipped for a tenner. You have no excuse for not having your pet micro chipped.
They only do it for free if your claiming benefits. Which as clearly stated before I am certainly not.
One more thing trying to come across as intelligent and erudite while posting under the moniker LaurenBabiiieee betrays that pretence.
piglet2011
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10:33am Sun 22 Jul 12
sfocata wrote:An 18 year old who is lacking attention should have been smacked with a slipper when she was younger.
piglet2011 - There was a perfectly reasonable adult discussion going on, without the need for the reasoning of an eight-year-old. Thanks for that.
emelem
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11:06am Sun 22 Jul 12
study all the law you want, animals are not property or possessions.
let it go.
sfocata
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12:03pm Sun 22 Jul 12
TheEverardedbutt wrote:Where was the pretence? Where does a jokey nickname make any claims on the actual person behind it? Where does Lauren claim to be anything but an 18-year-old student?
LaurenBabiiieee wrote:The PDSA and RSPCA run regular events where anyone (regardless of benefit entitlement) can get their pet chipped for a tenner. You have no excuse for not having your pet micro chipped.
They only do it for free if your claiming benefits. Which as clearly stated before I am certainly not.
One more thing trying to come across as intelligent and erudite while posting under the moniker LaurenBabiiieee betrays that pretence.
emsy2000
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10:16am Mon 23 Jul 12
However, I have one cat who is a house cat due to health reasons and I still had her chipped because you never know when they may escape. Even more reason to get them chipped as if they are a house cat and escape they are unlikely to have any outdoor skills or find their way back!
The RSPCA didn't do anything wrong, they were just trying to re-home what they believed was a 'stray' cat, and the new owners have not done anything wrong.
Although, as I said before, I feel sorry for Lauren, I think this is just a very unlucky situation for her and don't think the courts will rule in her favour...
Hopefully she can take comfort in the fact that Podge was lucky when he went missing and that he was found and rehomed to a family who love him. I'm sure she would be more upset to think he was still out there, not knowing what happened to him, thinking he may have been run over or was wandering around without a home...
sfocata says...
9:26am Thu 19 Jul 12
If we found he was living with a caring family now, it'd be fine... if anything, it'd be more unfair to him to take him back and force him to adapt to the siblings he's long forgotten. But for the first few months, when the cat's old home would still be familiar, it's a nightmare situation.
In the end, I think the most pragmatic solution would be for Lauren to have her cat back. The new owners will be disappointed, but they don't have quite the emotional investment. The RSPCA ought to have a basic rule-of-thumb guideline for this sort of thing... 6 or 9 months, maybe?