Do i have a leg to stand on?

[anonymo]

Loaned my horse out, I had a legal contract drawn up - both signed and had witnesses.

Horse returned far too underweight, unfit, nervous, on edge and now doesnt load. The contract states that the loanee was to pay for the general upkeep of the horse including insurance, dentist, physio, farrier and vaccinations and a 'due' date was written in for which these precedures were next due.

Loanee told me this had all been done. When I asked for a 'report' (ie, proof) she handed me a report with a signature (said other reports were on there way). Having looked into it further, the loanee had forged the signature and made up the reports herself actually having non of these people out at all.

On contract, it also states that the horse is to be stabled at night to which we find out she was actually out 24/7. Feet were/are in an awful state - very cracked. Farrier has obviously not been out every 6 weeks as per in the contract.

Since she hadn't actually had the dentist, physio, vaccinations, worming done - i have/am having to pay for these. I now obviously have to start the vaccination programme from the beginning which as you can imagine is costly, not too mention all the extra feed she is having to have due to her being so underweight.

I have photos of when she first came home to show what state she was in.

I have tried to phone her several times to politely ask for a reimbursement but as normal she doesn't answer/get back to me.

Is my next step, a 14 day letter? Any advice would be much appreciated. Thank you.

 

[RSL]

Seeing as you have a contract I would have thought you can do something about, although not sure how to go about it.

How long was the horse on loan for? Did you ever check on the horse?

 

[anonymo]

Yes I did go and see the horse, more so towards the beginning of the loan.

 

[Chestnuttymare]

What a shame, poor horse. It must be so hard when you have trusted someone to be straight and look after your horse and this happens. How long did she have her for.
Did you go and see her when she was away?

I would think that the small claims court would be the best way to go.

 

[Renvers]

How awful for you so glad your horse is back in your hands to be cared for.

Can the BHS advise? I know they do recommended loan agreements maybe they have some infomraiton on website about how to deal with issues such as yours.

 

[Shysmum]

Keep all the receipts of every single thing you have had to get done. The other important thing is to get your vet to look at her and be able to give an opinion on her state. This will be crucial if you do decide to go to the small claims court.

Good luck, and so sorry. sm x

 

[Toby_Zaphod]

If you want to take this further you will need to do some initial things to help with any future court case.

It matters little what you may think mof the condition of your horse because the opinion needs to be one from an expert so get your vet out to give a full examination & prepare a report as to the condition of your horse.

Likewise you will need a qualified farrier to examine your horse's feet & also prepare a report regarding their condition also.

Unless you have proof of vaccinations then you will need to star a new course, keep noters of all medical treatment etc given.

When you have your reports arrange an appointment with a solicitor that specialises in horse related matters. A normal solicitor will not understand what you are talking about. The solicitor will examine your contract & let you know if it is legal, if it is enforcible & if you have a chance in winning the case.

Finally don't sue on a point of principal, sue for money & then only if you know they have the money to pay otherwise you will be wasting your time & money.

Good Luck.

 

[Biscuit]

What about writing her a letter, enclosing a copy of the contract with the relevant parts highlighted, and copies of the receipts for costs you would like her to refund, and say that unless she gets in touch with you to arrange payment within 14 days you will take her to small claims court?

If she has given you fraudulent medical records for the horse that would certainly not give a good impression. If you have confirmed with the person who is supposed to have treated the horse that the report is fraudulent, you can also write that it has come to your attention that the individual claims that they have not treated the horse.

If this person has money it sounds like small claims court may help. I should imagine it would be hard to get money for "general improvement" of her condition, but things like re-vaccinations and remedial farriery should be easier provided that you have reports from the vet/farrier as suggested above.

 

[Echo Bravo]

If she's forged a signature that is a criminal offence. go see a solictor and take paper work with you. don't be nice about it, as she will know doubt take someone else for a ride if you don't.