Advice needed

[Prento3269]

Hi Everyone New to this Forum and unfortunately fear I have been the victim of fraud - I bought an 11 year old x racehorse from a livery owner at the yard where my daughter rides. I paid £2000 cash, have a bill of sale and the passport which is now in my name as is the microchip. The livery yard owner is refusing to allow me access to the horse as he says the previous owner owes him over £3000 in livery fees
Do I have any claim for the horse?

 

[AmyMay]

The horse is yours. I can’t imagine why you’re being prevented from seeing it.

It’s probably a situation you need to consult your solicitor on. But personally I’d turn up with a box, the police on speed dial, and get the horse.

 

[Pearlsacarolsinger]

The livery owner should have sorted the debt out with the horse's owner. Does the horse's owner know that the horse has been sold? Did the YO have the authority to sell the horse to recoup his costs?

You need legal advice, or your money back, asap.

 

[Equi]

is the seller and the livery owner the same person? If so have they sold you this horse to recoup costs?

you definitely need legal advise and to get a new yard for this horse ASAP. It is your property so you can go up and simply remove it, preferably with a few burly friends. If the owner is likely to get violent the police can be called though they are more likely to say it’s a civil matter.

 

[Prento3269]

The livery owner should have sorted the debt out with the horse's owner. Does the horse's owner know that the horse has been sold? Did the YO have the authority to sell the horse to recoup his costs?

You need legal advice, or your money back, asap.

I bought the horse off the owner but now the YO is trying to say that he owns the horse because the owner owed him £3k

 

[Prento3269]

is the seller and the livery owner the same person? If so have they sold you this horse to recoup costs?

you definitely need legal advise and to get a new yard for this horse ASAP. It is your property so you can go up and simply remove it, preferably with a few burly friends. If the owner is likely to get violent the police can be called though they are more likely to say it’s a civil matter.

No the seller had kept the horse at the yard for 4 years and run up a £3000 debt which I didn’t know about- the owner sold me the horse but now the yard owner is refusing to let me have the horse stating that because of the debt he is keeping the horse and is entitled to sell it to pay the debt

 

[Red-1]

No the seller had kept the horse at the yard for 4 years and run up a £3000 debt which I didn’t know about- the owner sold me the horse but now the yard owner is refusing to let me have the horse stating that because of the debt he is keeping the horse and is entitled to sell it to pay the debt

Sadly for the livery yard owner, although she could gave taken possession of the horse and sold it, there is a legal procedure that she would have needed to do in order to do that. It sounds like she has not done this, or taken possession of the horse before you bought it.

The debt lies with the previous owner of the horse, not the horse itself. So, now he is your horse, you are entitled to leave with him.

But, I would consult a solicitor as...

If the YO had been through the correct procedure (and I doubt that), your previous owner has sold you something that did not belong to her. This could be seen as fraud and reported to the Police, and I would threaten the previous owner with this to recover the money. But, the Police would likely say it was a civil debt, in which case you would have to f=recover the debt through the courts.

 

[Prento3269]

don’t suppose anyone can recommend an equine solicitor before I go in there to get him?

 

[Meowy Catkin]

don’t suppose anyone can recommend an equine solicitor before I go in there to get him?

https://forums.horseandhound.co.uk/...equine-solicitor-please.796294/#post-14431047

 

[Equi]

Good luck and please do update us as this kind of Information is always useful for others