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Desperate for help please

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Post  Candcane Wed May 01, 2013 9:27 am

Hi all.

I'm in a real mess and need some help and support!

On Monday at around 4.30pm my animals were taken by the RSPCA without my knowledge. They took my chickens, geese, one ewe, three pigs and three ponies.

I have spoken to the SHG and they are such wonderful people, but I need more answers and just feel I want to get as much info as I can from people.

Firstly, when I contacted the RSPCA they confirmed that they had a warrant from the Police. Turns out that they didn't and the animals were taken under section 18/5.
I clearly admit that I had a pig which died. It had died lay down in the ark and it had been there a few days. I removed the three pigs into the stable as I couldn't just get the dea pig out on my own.

Anyway, I have been told that a vet came along and said that if the animals weren't moved then they were likely to suffer! The RSPCA confirm they had seen all the hay in the field and checked all of my feed bins. They said that the pigs hadn't got a constant supply of fresh water (I use an IBC and sometimes have to take added water barrels when the weather is dry).

So, my main worry is: How do I get my animals back???? I'm not sure if I have this wrong, but the Police haven't seized the animals, but the RSPCA have. I thought the Police needed to do this?

The RSPCA are not being helpful and I really need to sort this out.

I would be so grateful of anyone offering some help or advice.

Candcane

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Post  millie1* Wed May 01, 2013 11:19 am

If the animals were on private property it doesnt matter which section of the Animal Welfare Act they were taken under - they need a warrant to remove.
Yes only the police can seize the animals - they then pass care to the RSPCA - the police are called by the RSPCA to do this.
The only way to get you animals back is to apply in Court under a Section 20 application - it is detailed and I will PM you how to do this later.

Will send more info by PM so only you get to see it.

Yes SHG are great as a first stop on this long journey

Do not expect to get your animals back in any kind of hurry - one owner of an animal seized from me (not mine) is still waiting for RSPCA to return animal despite proof of ownership and no court order to give RSPCA possession (so far over 2 weeks and counting).
millie1*
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Post  moonstone Wed May 01, 2013 2:23 pm

Once again an excellant reply from Millie1 Smile it seems that once they (rspca) take your animals then you have a real fight on your hands to get them back No they will keep them until they can tthink of some trumped up charge to prosecute you with Twisted Evil suggest that you get expert legal help and advice as you will need it if you are going to take on this bunch of evil scumbags No
I wish you luck

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Post  Candcane Wed May 01, 2013 3:34 pm

Thank you both for coming back to me.

Millie1 I have replied to your message.

Any help will be greatly appreciated. I really would like to know more about what forms I need to fill in for the Courts to try and get my animals back. I can't sleep at night and feel sick to the pit of my stomach.

Candcane

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Post  Admin Wed May 01, 2013 4:04 pm

Welcome to the forum Candcane.
You are in very good hands with millie and you will have all the support we can give you.
Good luck with your case.
Admin
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Post  Candcane Wed May 01, 2013 4:07 pm

Thank you Admin.

I felt like I was the only person in the world until I came on here. Very Happy

Candcane

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Post  Admin Wed May 01, 2013 4:15 pm

Candcane wrote:Thank you Admin.

I felt like I was the only person in the world until I came on here. Very Happy
Not anymore. Very Happy
Admin
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Post  moonstone Wed May 01, 2013 4:52 pm

NO you are not alone Smile we all have experience of those evil animal thugs Evil or Very Mad one thing you can be sure of is we do know what you are going through Smile
They make you feel humiliated and an animal abuser when all you have done is love your own pets Smile i was "lucky" as they seized my rabbits but gave them back the next day so nothing ever came of my case except my growing hatred for this load of nazi scumbags Evil or Very Mad do you have a good vet? if so then get them on board with you Smile and make sure that you spread the word that rspca have NO POWERS to remove animals or arrest although they will say they do Evil or Very Mad the more people who know this then the less likely it is that they can seize unlawfully Smile

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Post  Trilby Bee Wed May 01, 2013 7:25 pm

Welcome to the forum Candcane; I posted you a couple of hours ago, post never appeared, maybe I hit the wrong button.

Firstly, whatever you do, do not take this lightly...yes, as far as I know you are right, they should not be on private property without a warrant and yes, the Police should take ('seize' is the word they use) the animals and hand them or sign them to the RSPCA who are a charity, full stop. Nothing more. The fact that they wear a uniform which is almost identical to a Police uniform is deliberate, so that when they ask you if you understand you have not been arrested, you might start to wonder if they really do have powers of arrest. No they have no powers of arrest; in fact they have no real powers but pretend that they have. They should not have been on private land, but they were. They will pretend to have a warrant and you may well be fooled, but by that time it's too late as your animals have gone.
Sorry to hear about your pig...do you have any idea why he died (I have no idea what sort of ailments pigs might get), have the RSPCA taken the carcass to do an autopsy? If so, bear in mind this will be a mighty costly undertaking. And bear in mind that with effect from the day your animals were taken, they wll be runing up huge bills, assisted by a shyster of a vet who is paid by them to do and say what the RSPCA wants to hear to get a conviction. They will get shoes put on the ponies, even if they are not being ridden (my retired mare was shod after they stole her, by a farrier who charged double what my own charged. he charged 70 for two shoes, my guy who was not cheap, charged 70 for a full set). They will blood test the ponies in the hope of finding something wrong. They said my old mare had 'an elevated heart rate' which had gone back to normal the day after they stole her. I pointed out that as she has suddenly been chased round the field by five strangers trying to catch her and was a highly-strung TB, of course her heart rate would be elevated, then taken from the yard where she had lived for 17 years of her life, slung into a horsebox and moved to a lousy RSPCA yard with strange horses and people. Yes, her heart rate would be elevated so would mine...so would yours. And of course - surprise surprise - it had gone down by the next morning after she had been left alone for a few hours. But these are the stories they tell to get a conviction. BE WARNED. This week, Gavin Grant (RSPCA CEO) has said he is happy to say that the animal cruelty convictions this past year have gone up and he wants them to go up even more. This, you should understand, is because a court case that gets into the papers is excellent publicity, people read it and say Jesus, those guys are doing a good job, and they send them money. They are worth about 115 million, and every time a case gets published, they get sent more, hence it is cheaper than advertising for them.
Have they left you any animals? If so, do you have a vet who can say what condition they are in...and also look at the animals they have taken and say that in his/her opinion they are OK and should be returned to you. We have a poster on this site whose rabbits were taken, but her own vet went and looked at them and said they were fine and they had to hand them back. It was some years ago but she is still suffering terrible stress from it. yes, you are right, you feel totally helpless.

If/when you are interviewed, be sure to have a dependable mate with you, and if you can afford it, someone with legal expertise. The thing about the rspca, they have ALL the money in the world (donated by the gullible public) and will go on indefinitely. remember the Heythrop Hunt they spent what the Judge called a 'staggering' amoungt of money on a private prosecution. Their solicitors (Grade 2 at that) charge 200 an hour plus 200 travelling time. it's nothing to them, it's not their money!! Evil or Very Mad

See if your vet will back you up ... it will stand you in good stead. Don't mention names or places on the Forum...I don't need to tell you that. And do please keep in touch. I don't know what area you are in, maybe you could PM me that...if you were reasonably near me I would gladly witness any 'interview' (ie interrogation) that you have to have. Glad you are latched on to the SHG, they have useful lists of vets/lawyers and the like who have the bottle to stand up to them. try to keep calm...no, it's not easy. And take a look at the Animal Wlfare Act 2006 to familiarise yourself with certain aspects of it so you appear knowledgeable if push comes to shove.
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