Advice needed.

Tinseltoes

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As title. How can I find out who my loan pony really belongs too? My contract simply says ON LOAN TILL PAYED FOR,there are no dates,as for it to be payed by.She wont let me have the passport.She was demanding I send payment thru the post,I told her NO but she could meet me and she refused,said cost to much in fuel,when I refused she threatened to have me for theft,she bought the pony to me.I ask for the passport and get the answer that the pony belonged to someone named Val (could be made up).She says she got the ponies for money owed for grazing.Asked her several times for the passport and she says my loan agreement is void and Val is the owner,shes changed her mind so many times as too who the pony belongs too.Shes NEVER been to see the pony in 6 years and nor has she tried to contact me via mail since 2007..
Anyone in law???? Advice needed as I want the passport.Pony not on SHR. Shes not microchipped either,so cant trace thru that.Supposidly the pony is registered with the Welsh Pony Society,but I dont have her registered/stud name.Cant find her on NED either.
 

Chestnutmare

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oh dear that doesn't sound too great, so you have had the pony on loan for the last 6 years?.. if I am correct in reading?.

I can't offer any advice as I personally would not have a clue where to go from really? Unless a specialist equine solicitor can help, you can look for one on the bhs website though.

Sorry I couldn't help you, but wish you all the success with it though.
 

Tinseltoes

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oh dear that doesn't sound too great, so you have had the pony on loan for the last 6 years?.. if I am correct in reading?.

I can't offer any advice as I personally would not have a clue where to go from really? Unless a specialist equine solicitor can help, you can look for one on the bhs website though.

Sorry I couldn't help you, but wish you all the success with it though.
Thanks.Yes had her on loan for 6 years now,shes a pet and good company for my cobby.Theyre from same place, I bought my cobby off her but have the section A on loan with me..
 

smellsofhorse

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Why don't you drive to her and give her the money in exchange for a reciept and the passports.
You want to buy the pony buy she wont come to you so go to her and get it sorted
 

Kate35

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Sharon, what is it that you are trying to achieve?

My understanding is that you are already in receipt of advice from a Solicitor.
 

Tinseltoes

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Sharon, what is it that you are trying to achieve?

My understanding is that you are already in receipt of advice from a Solicitor.[/QUO

CAB sent me to a solicitor in 2007 and he didnt tell me much at all. He said if she took me to court (for theft of the pony) she wouldnt win.I cant afford to buy her now but am willing to keep her on loan.She has a good home with me.

I dont drive and to be honest for all I know she could of moved,she doesnt keep in touch.
Last I heard from her was in 2007.

I had been TRYING to get the passport for the pony but pressumed owner REFUSED.Im also trying to find out whether SHE really owns the pony or as she says belongs to someone else.Cant believe her as she keeps saying its hers then its not.
What if in the future I needed to contact the owner regarding PTS or something or if pony died?
 
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cbmcts

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If you don't actually have the cash to buy the pony surely the best thing is to keep quiet? And after no contact for 4 years could you even find this women? Or more importantly could she find you?

I can understand that you want to resolve this matter but you're not actually in a position to do so...

As far as her not being able to legally claim the pony back, well IME she could as you don't have a receipt or a bill of sale to prove she is yours and this woman could have.If you were to claim her as "abandoned" as I suspect CAB were thinking there are legal procedures that have to be followed and IIRC one of those is that the pony has to be offered for open sale (I'm willing to stand corrected on that!) However, if there is no loan agreement there is nothing to stop you counter claiming the cost of keeping her for 6 years. Warning on this course though, it wouldn't be cheap or easy for either of you as it would require using the civil courts with all the stress and expense that that would entail.

TBH, If I were you I would leave things as they are. If the pony was ill/injured enough to pts I would protect myself by getting the vet to write a report stating that pts was required at that time so the real owner couldn't cause trouble in the future.

As a matter of interest, how have you managed over the years without a passport? Travelling, vaccs etc?
 

Tinseltoes

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If you don't actually have the cash to buy the pony surely the best thing is to keep quiet? And after no contact for 4 years could you even find this women? Or more importantly could she find you?

I can understand that you want to resolve this matter but you're not actually in a position to do so...

As far as her not being able to legally claim the pony back, well IME she could as you don't have a receipt or a bill of sale to prove she is yours and this woman could have.If you were to claim her as "abandoned" as I suspect CAB were thinking there are legal procedures that have to be followed and IIRC one of those is that the pony has to be offered for open sale (I'm willing to stand corrected on that!) However, if there is no loan agreement there is nothing to stop you counter claiming the cost of keeping her for 6 years. Warning on this course though, it wouldn't be cheap or easy for either of you as it would require using the civil courts with all the stress and expense that that would entail.

TBH, If I were you I would leave things as they are. If the pony was ill/injured enough to pts I would protect myself by getting the vet to write a report stating that pts was required at that time so the real owner couldn't cause trouble in the future.

As a matter of interest, how have you managed over the years without a passport? Travelling, vaccs etc?
I havent had to travel her,nor has she had vaccs.Theres only her and my cob in field.(have field to myself)
I HAVE A LOAN AGREEMENT.SAYS """"" ON LOAN TILL PAYED FOR""" I doubt it very much she remembers where the pony is kept as its not written on the loan agreement nor there are NO dates/time frame that I was to pay for her by. .I will just plod on and hope that shes not ill.I cant insure her because the insurance company told me they might not pay out as I do not have her passport. So this is why I need it.Maybe I should just forget about it.The woman slung it in my face that its against the law to keep a pony without a passport,yet she wont give it too me.My guess is she doesnt have it.Also has constantly lied about the ownership of the pony,1st she is,then shes not her,belongs to?? back and forth.Said owner wont give passport till pony payed for.So you see where Im coming from on this??? She cant be trusted.Havent had any contact since 2007,when I told her "All correspondance in writing" hmmmmmmm
 
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BigRed

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Why don't you just apply for a new passport for the pony and start from the beginning. Whether you have a flu jab is your business, but he really ought to have a tetanus jab at least. I bought a 5 year old 2 months ago and her breeder only applied for a passport in Sept last year, so I don't think you will have any problems getting a passport.

If the owner/loaner whoever she is, has not been in contact for 4 years, I can't imagine they will suddenly jump out of the woodwork now, especially for a low value pony.
 

riding_high

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maybe she does own the pony but just never got a passport for it, she's telling you she has the passport to sort of hold you to ransom.

you say you've searched for the passport on neds but can't find anything, you say you can't find anything in stolen horses or anything else, in otherwords it's like this pony doesn't exsist.

so why not apply for a passport, you could even put it in the womans name if it makes you feel better and then carry on as you would. IF someone comes forward saying they are the rightful owner then explain the situation, the 'owners' might allow you to keep the pony as you've had it for so long.
 

YasandCrystal

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I havent had to travel her,nor has she had vaccs.Theres only her and my cob in field.(have field to myself)
I HAVE A LOAN AGREEMENT.SAYS """"" ON LOAN TILL PAYED FOR""" I doubt it very much she remembers where the pony is kept as its not written on the loan agreement nor there are NO dates/time frame that I was to pay for her by. .I will just plod on and hope that shes not ill.I cant insure her because the insurance company told me they might not pay out as I do not have her passport. So this is why I need it.Maybe I should just forget about it.The woman slung it in my face that its against the law to keep a pony without a passport,yet she wont give it too me.My guess is she doesnt have it.Also has constantly lied about the ownership of the pony,1st she is,then shes not her,belongs to?? back and forth.Said owner wont give passport till pony payed for.So you see where Im coming from on this??? She cant be trusted.Havent had any contact since 2007,when I told her "All correspondance in writing" hmmmmmmm
Just leave well alone. You will stir up a hornets nest if you start contacting the old owner - to achieve what? You are responsible for said pony and it doesn't sound like anyone will come snatching it back soon. I suggest get your own new passport registered if you are in need of one. The passport doesn't prove ownership anyway.
 

Naryafluffy

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As title. How can I find out who my loan pony really belongs too? My contract simply says ON LOAN TILL PAYED FOR,there are no dates,as for it to be payed by.She wont let me have the passport.She was demanding I send payment thru the post,I told her NO but she could meet me and she refused,said cost to much in fuel,when I refused she threatened to have me for theft,she bought the pony to me.I ask for the passport and get the answer that the pony belonged to someone named Val (could be made up).She says she got the ponies for money owed for grazing.Asked her several times for the passport and she says my loan agreement is void and Val is the owner,shes changed her mind so many times as too who the pony belongs too.Shes NEVER been to see the pony in 6 years and nor has she tried to contact me via mail since 2007..
Anyone in law???? Advice needed as I want the passport.Pony not on SHR. Shes not microchipped either,so cant trace thru that.Supposidly the pony is registered with the Welsh Pony Society,but I dont have her registered/stud name.Cant find her on NED either.


I'm assuming you're trying to find out if she was stolen prior to you getting her on loan and the previous 'owners' evasive answers is making you think that she wasn't the rightful owner. Have you tried checking http://www.stolenhorseregister.com/ you can narrow down to breed/gender/colour etc, maybe try MHOL as well they may be able to suggest other area's to check, if you can't find any trace of her being reported stolen as others have suggested speak to the vet about getting a passport (and microchipped, then she's definetley on NED). I've checked the website and there are only 2 welsh section A mares reported stolen Palamino report March 2004 and a Grey reported June 2003
 
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Naryafluffy

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I'm assuming you're trying to find out if she was stolen prior to you getting her on loan and the previous 'owners' evasive answers is making you think that she wasn't the rightful owner. Have you tried checking http://www.stolenhorseregister.com/ you can narrow down to breed/gender/colour etc, maybe try MHOL as well they may be able to suggest other area's to check, if you can't find any trace of her being reported stolen as others have suggested speak to the vet about getting a passport (and microchipped, then she's definetley on NED). I've checked the website and there are only 2 welsh section A mares reported stolen Palamino report March 2004 and a Grey reported June 2003
Just viewed the 2 ponies, you could probably scrap the Palamino one it was 28 when it was reported stolen, making it now 35 so unlikely.
 

BonneMaman

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Personally, if you have not had any contact for 4 years from this woman I would get the pony passported and microchipped (around £75) and get at least a tet jab done.

Then keep quiet and don't stir up sleeping dogs or hornets ....!
 

Tinseltoes

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Thanks everyone. The woman has told me so many lies that you cant believe a word out of her mouth.She says the pony is hers,but then she says its not.She had also threatened me with theft,knowing that I have a contract and she travelled the pony to me.She tried so many threats that in the end I told her come get the pony,but she never did.
I dont know whether to get her microchipped.
All I can do is get her tenenus and get paper from vet..

Pony on Stolen horse register is NOT her,too big and this one no dapple.Mine is wall eyed.
 
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