“I have an issue with money owed to a vet. Viral pneumonia struck my herd of calves back in 2003. My vet at the time treated them with a drug and they recovered only to get it a second time and he treated them with the same drug over and over again. I asked him to try a different drug but he refused, saying the one he recommended was the best. After 25 calves died, I went to another vet who treated them with another drug and it worked on all calves that had not been treated previously. I lost nearly 40 calves and my previous vet issued me with a large bill which I paid in part. I am still getting bills for the balance and, with interest, it has grown substantially. Twelve years on, does he still have a right to be sending me a bill and should I have taken legal action for neglect and compensation against him? I am afraid he has me on a credit bureau list and, if so, this could damage my ability to get a loan.”
It is important to highlight at the outset that there may be issues in tackling the problems due to the length of time since the incident occurred. There are time limits (limitation periods) for taking most types of court action. These time limits are set either in the Statute of Limitations Act 1957, as amended, or in specific legislation dealing with the court issue involved.
The law in relation to time limits is complex but, in general, the time limit for taking actions for breach of contract for example, failure to pay for goods or services provided or professional negligence is six years from the date the cause of action accrued. It may be argued in this instance that the cause of action accrued back in 2003 when the calves died and he issued you with a bill. This means that if your creditor does not start the court action within six years of the debt being due, the action is statute-barred. Effectively, that means that you cannot be forced to pay the debt. Consequently, I would suggest that you write to the vet advising him of this fact and request that he cease issuing you with bills.
Conversely, the Statute of Limitations may also have a negative effect on your ability to sue the vet in order to recover damages for breach of contract, negligence and breach of duty and interest on your claim. If you issue proceedings at this stage, it would most likely be defended on the basis that you are statute barred from bringing the claim.
Method to recover debt within six-year time limit
If you fail to pay a debt, your creditor is likely to go to court to get a court judgment that you owe the debt and then enforce that judgment. The procedures and the documents which are used are different depending on which court is involved and sometimes on which kind of debt is involved. The proceedings are started by the person to whom you owe money.
In general, you are served with documents that set out the details of what you owe. You then have an opportunity to defend the action. This means that you must issue a replying document arguing that you do not owe the money, or that the contract is not valid, or whatever legal defence is open to you. If you do not do anything, then there is little doubt that judgment will be awarded against you.
In general, if you are served with a document starting legal proceedings, you have three options:
You usually have a number of days in which to pay the debt and the proceedings then do not start. The legal term is that the proceedings are stayed.If you cannot pay what is owed and you have no defence, you may consent to an order being made.If you intend to defend the action, you must serve the necessary replying documents. Then a date is usually set for a hearing and the matter is decided at the hearing.If your creditor gets a judgment, then, in general, they have 12 years in which to enforce that judgment.
Given that you have not mentioned having been served with any formal papers from the vet, it is unlikely that he has obtained a judgement against you.
Credit Bureau list
The Irish Credit Bureau is owned and financed by its members, which are mainly financial institutions.
The bureau is an electronic library or database that contains information on the performance of credit agreements between financial institutions and borrowers. Any debt alleged to be owed by you to the vet, should not show up on such a list.
If you are worried about your credit rating, you can request a copy of your credit report through the ICB either online (www.icb.ie) or request that a copy be posted to you for a fee of €6.
Complaint to Veterinary Council of Ireland
If you want to make a complaint to the Veterinary Council of Ireland, the only procedure available to the council for dealing with the complaint is the holding of an inquiry into the fitness to practice veterinary medicine by the vet.
One of the grounds under which you may apply for an inquiry into the fitness to practice is professional misconduct, which is defined as a serious falling short of the standard that could be reasonably expected of a vet.
The guidance highlights that professional misconduct is not mere negligence and it is arguable that your complaint would amount to negligence, thus not fall within the grounds on which you may apply for an inquiry.
“I have an issue with money owed to a vet. Viral pneumonia struck my herd of calves back in 2003. My vet at the time treated them with a drug and they recovered only to get it a second time and he treated them with the same drug over and over again. I asked him to try a different drug but he refused, saying the one he recommended was the best. After 25 calves died, I went to another vet who treated them with another drug and it worked on all calves that had not been treated previously. I lost nearly 40 calves and my previous vet issued me with a large bill which I paid in part. I am still getting bills for the balance and, with interest, it has grown substantially. Twelve years on, does he still have a right to be sending me a bill and should I have taken legal action for neglect and compensation against him? I am afraid he has me on a credit bureau list and, if so, this could damage my ability to get a loan.”
It is important to highlight at the outset that there may be issues in tackling the problems due to the length of time since the incident occurred. There are time limits (limitation periods) for taking most types of court action. These time limits are set either in the Statute of Limitations Act 1957, as amended, or in specific legislation dealing with the court issue involved.
The law in relation to time limits is complex but, in general, the time limit for taking actions for breach of contract for example, failure to pay for goods or services provided or professional negligence is six years from the date the cause of action accrued. It may be argued in this instance that the cause of action accrued back in 2003 when the calves died and he issued you with a bill. This means that if your creditor does not start the court action within six years of the debt being due, the action is statute-barred. Effectively, that means that you cannot be forced to pay the debt. Consequently, I would suggest that you write to the vet advising him of this fact and request that he cease issuing you with bills.
Conversely, the Statute of Limitations may also have a negative effect on your ability to sue the vet in order to recover damages for breach of contract, negligence and breach of duty and interest on your claim. If you issue proceedings at this stage, it would most likely be defended on the basis that you are statute barred from bringing the claim.
Method to recover debt within six-year time limit
If you fail to pay a debt, your creditor is likely to go to court to get a court judgment that you owe the debt and then enforce that judgment. The procedures and the documents which are used are different depending on which court is involved and sometimes on which kind of debt is involved. The proceedings are started by the person to whom you owe money.
In general, you are served with documents that set out the details of what you owe. You then have an opportunity to defend the action. This means that you must issue a replying document arguing that you do not owe the money, or that the contract is not valid, or whatever legal defence is open to you. If you do not do anything, then there is little doubt that judgment will be awarded against you.
In general, if you are served with a document starting legal proceedings, you have three options:
You usually have a number of days in which to pay the debt and the proceedings then do not start. The legal term is that the proceedings are stayed.If you cannot pay what is owed and you have no defence, you may consent to an order being made.If you intend to defend the action, you must serve the necessary replying documents. Then a date is usually set for a hearing and the matter is decided at the hearing.If your creditor gets a judgment, then, in general, they have 12 years in which to enforce that judgment.
Given that you have not mentioned having been served with any formal papers from the vet, it is unlikely that he has obtained a judgement against you.
Credit Bureau list
The Irish Credit Bureau is owned and financed by its members, which are mainly financial institutions.
The bureau is an electronic library or database that contains information on the performance of credit agreements between financial institutions and borrowers. Any debt alleged to be owed by you to the vet, should not show up on such a list.
If you are worried about your credit rating, you can request a copy of your credit report through the ICB either online (www.icb.ie) or request that a copy be posted to you for a fee of €6.
Complaint to Veterinary Council of Ireland
If you want to make a complaint to the Veterinary Council of Ireland, the only procedure available to the council for dealing with the complaint is the holding of an inquiry into the fitness to practice veterinary medicine by the vet.
One of the grounds under which you may apply for an inquiry into the fitness to practice is professional misconduct, which is defined as a serious falling short of the standard that could be reasonably expected of a vet.
The guidance highlights that professional misconduct is not mere negligence and it is arguable that your complaint would amount to negligence, thus not fall within the grounds on which you may apply for an inquiry.
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