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bullmighty

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  1. Is it a 'rescue'in the terms we would normally use in rescue, or a welfare org/shelter such as the AWL or RSPCA? organisation .
  2. As any owner you should not have to be concerned that someone can claim to be the owner and surrender it. There are laws which protect us from this but we dont know what they did to have ownership proved or authority to surrender the dog when they accepted the animal . If in fact they just said O>K> we have no evidence that you are the owner and have the right to surrender but we will take it anyway they are in breach of the law and may have recieved stolen goods and therefore its a police issue. The question that hasnt seemed to be asked is where is the owner who made the agreement and who supposedly still owns the dog and what they have to say? Was the dog stolen from them or did they give written approval for them to have authority to surrender it etc. There are also issues coming up here re privacy surrounding the chip etc which may need to be addressed. .The owner is not talking , there was no written permission , the organisation after realizing no one checked this have now said through there solicitor..... paraphrasing he has been advised by his client( the organisation) that due to the relationship status he is her authorized agent.This conclusion was reached 10 days after this dog was surrendered and after a worker had been able to put her name on this dog . Geez that's pretty shocking - what state are we in? Any rescue group which has such shoddy surrender procedures needs to be bought into line pretty quickly . Pacers had a case not long ago where the partner of a person had the dog and needed to surrender it . The registered owner wasnt able to be contacted and there were other issues which meant the owner couldnt be involved. Basically the dog had been abandoned by the owner and left with the ex partner and the ex couldnt afford to keep it. After much agony Bankstown council accepted the dog as abandoned and a stat dec was still required from the partner to state the dog had been left with him and he couldnt look after it. The chip was registered to that adress but owner wasnt able to be located so the dog became the property of the council so only then could someone else take it. My point is this was a very difficult thing to do and all the dots had to be covered first. This isnt any rescue group this is one of the biggest in Sa , big money bigger lawyers .
  3. The contract has a condition of sale which is legally binding how ever the dog is considered "goods" so you can affix a monetary value only. But the condition of sale isnt legal. It takes away the right of the owner to have free enjoyment of and make decisions about their own property. If I didnt want to give the breeder back my dog no amount of contract I may have signed years ago would make me do it. Thank God. I am not a solicitor my sister is and her area is contract law I have also had another solicitor confirm that the purchaser is in breach of the contract.
  4. As any owner you should not have to be concerned that someone can claim to be the owner and surrender it. There are laws which protect us from this but we dont know what they did to have ownership proved or authority to surrender the dog when they accepted the animal . If in fact they just said O>K> we have no evidence that you are the owner and have the right to surrender but we will take it anyway they are in breach of the law and may have recieved stolen goods and therefore its a police issue. The question that hasnt seemed to be asked is where is the owner who made the agreement and who supposedly still owns the dog and what they have to say? Was the dog stolen from them or did they give written approval for them to have authority to surrender it etc. There are also issues coming up here re privacy surrounding the chip etc which may need to be addressed. .The owner is not talking , there was no written permission , the organisation after realizing no one checked this have now said through there solicitor..... paraphrasing he has been advised by his client( the organisation) that due to the relationship status he is her authorized agent.This conclusion was reached 10 days after this dog was surrendered and after a worker had been able to put her name on this dog .
  5. The contract has a condition of sale which is legally binding how ever the dog is considered "goods" so you can affix a monetary value only.
  6. My problem with this .. the woman who bought the dog signed the contract and is the reg owner of papers and chip ....is NOT the person who surrendered the dog , the person who surrendered the dog has never been the owner on contract ,registration papers or microchip .Yet he was able to surrender the dog declare it was neither chipped or desexed sign his name and this gave the organisation "effective ownership " no one scanned this dog his word was taken re the ownership chipping and desexing he also did not advise anyone of her risk under anesthetic . I was contacted by a worker who saw the dog and literally put her name on her she asked if I knew who would have a dog in the area she was surrendered from it was at this time I advised the worker that if it was one of ours she would be chipped desexed and on contract this was a Friday night . The Monday morning following the worker went in early scanned the dog herself found the chip it , at was after this that all documentation was sent through including a follow up call from the Practice Manager from the vets who sterilized her to warn of the High Anesthetic risk she posed especially as she was already sterilized. The solicitor has no problem with my contract holding up against the woman who bought the dog , but it will not compel the return of the dog only a financial comp.
  7. This.. I feel the same way. Don't cry poor and whinge for help, when you don't /won't give/sell dogs back to the breeders who would take them. I feel very strongly about this topic too and was horrified when I found out how many registered breeders didn't care when their dog was surrendered to the group or was at risk of it being surrendered - I was also saddened by how many were happy for the rescue group to rehome the dog without offering assistance. Its fair enough that not every breeder of every breed can just take an unknown adult dog into their pack but those breeders were the ones who offered help in referring homes or a donation for the dog in question. Don't get me wrong - I've come across some great breeders but the greater majority of registered breeders contacted didn't want to know or help. It was so rare to see one who DID care that I actually nominated them for an MDBA award because of the effort that they went to to get the dog of their breeding back, safe, with them. I'm personally aware of THREE local registered breeders who were contacted by Albury Pound about dogs of their breeding that had been impounded. One didn't return two phone calls about an entire dog surrendered with main register papers (but then accused the pound of doing the wrong thing when the dog was rehomed with those papers) and the other two said that they wouldn't be coming to get their dogs. All three show their dogs. I must say that I found the opposite with Pug breeders. Many wanted to assist in some way, although some didn't and some appeared to react as though the idea of assisting a dog in need that they had bred as being a very foreign concept. Running a breed specific rescue, I spoke to a lot of breeders whose dogs had eneded up in my care for one reason or another, so I feel I got a reasonable idea od how Pug breeders felt and or reacted to their dogs ending up in rescue. Ours was across quite a variety of breeds but never Pugs so that is quite possibly true. Also nearly all of the registered dogs we saw were larger breed dogs. The dog in question this time is a large breed , also we run the Bullmastiff club rescue here in SA neither the RSPCA or AWL will recognise this breed rescue .
  8. New Stockist in South Australia Black Hawk Products should be available from the 25th march 2011 Boregines dog salon . 30A Tapleys Hill road Royal Park 84472535
  9. 29 fraud charges for Coast dog breeder http://www.goldcoast.com.au/article/2010/0...court-news.html[/url We managed to get one lot of registrations through on frozen semen not sure if any one else did ?
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