ENDING A LOAN AGREEMENT EARLY

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Rik44

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Hi please help. We loaned our horse out and are concerned with the way it is being treated and recently found out that the person who has loaned it has loaned it out to another person without contacting us. We only have a verbal agreement. Nothing official on paper. We are concerned that it is not being looked after properly and the person we loaned it to is getting nasty. Could anyone help advise the right way to get the horse back. Maybe someone has been in a Simerlar situation. Rik
 
So long as you know where the horse is, get some transport organised, gather all your proof of ownership, receipt/photos/passport/vet receipts etc together and go to the yard where the horse is. If you can get the horse out without talking to any-one, do so and load it up and get the transport moving before finding YO/new 'loaner' and letting them know that you have taken the horse, so that they don't waste police time reporting the horse stolen. Otherwise explain what has happened, that loaner had no business letting the horse move to somewhere else and that you are now taking the horse back, show them your proofs, load the horse and go. Make sure that you can give full details of the person that you actually loaned the horse to, in order to explain why you need to take the horse back without notice.
 
I had this. I basically went home, got my trailer and picked up the horse very early the next morning and left her a note saying that I had taken him back and why. It did help he was on livery and the loaner wasn't there. Also she had left my saddle dumped on the floor in the middle of a stable, as opposed to being locked away as per our agreement - so at least it was easy to scoop everything up and go. I also messaged the YO to lt him know what was happening just in case he thought I was nicking him !
 
Rik44 said:
Hi please help. We loaned our horse out and are concerned with the way it is being treated and recently found out that the person who has loaned it has loaned it out to another person without contacting us. We only have a verbal agreement. Nothing official on paper. We are concerned that it is not being looked after properly and the person we loaned it to is getting nasty. Could anyone help advise the right way to get the horse back. Maybe someone has been in a Simerlar situation. Rik
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Just go and get it. Any agreement in place has been broken.
 
You take transport, load the horse up and take it home. Then deal with the consequences after.

That is assuming you do own this horse and there is no grey area.

I’ve done this once before, following a very rare lapse in judgement on my part.
 
Do you know the people who have the horse now ? If you don’t then you maybe don’t know what the first loaners have said and just turning up and taking the horse could get messy ?
 
bonny said:
And, maybe the people who have the horse now think they own it. We don’t have much info to go on but maybe just turning up at maybe a strange yard and taking a horse isn’t a very bright idea ?
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It's still the best plan A though, if it works. Faffing around may lead to the horse disappearing. Sort out the flak later.

All subject, of course, to the horse really being the property of the OP.
 
bonny said:
And, maybe the people who have the horse now think they own it. We don’t have much info to go on but maybe just turning up at maybe a strange yard and taking a horse isn’t a very bright idea ?
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They may think they own it but if OP's story is correct, they don't! That is not OP's fault but the fault of the original loaner. In order to safeguard the horse OP needs to take it home, asap. This would be the case whether the horse was being well-looked after or not.
 
bonny said:
And, maybe the people who have the horse now think they own it. We don’t have much info to go on but maybe just turning up at maybe a strange yard and taking a horse isn’t a very bright idea ?
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It’s a perfectly bright idea, to recover property that’s been loaned out by the ‘loaner’.
 
bonny said:
And, maybe the people who have the horse now think they own it. We don’t have much info to go on but maybe just turning up at maybe a strange yard and taking a horse isn’t a very bright idea ?
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It doesn't matter if they think they own it. They don't. You don't own a stolen car even if you paid good money for it. Same with a horse.

The only answer is to fetch the horse with no notice to prevent it being hidden or locked up, and argue about it later. Anything else is a complete nightmare for everyone.
 
ycbm said:
It doesn't matter if they think they own it. They don't. You don't own a stolen car even if you paid good money for it. Same with a horse.

The only answer is to fetch the horse and argue about it later. Anything else is a complete nightmare for everyone.
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This. Let us know how you get on. I hope it goes as smoothly as possible for you.
 
bonny said:
Well maybe we will find out !
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Find out what? Provided they can prove they paid for the horse and the person they originally loaned the horse to cannot prove that they were given the horse as a gift not a loan, the police will not touch this because it's a civil dispute.

Of course we are not advocating fighting anyone to get the horse, cutting any locks or anything but turning up, loading it and driving away. If that can't be done without force, then that's a different matter altogether and not in any way advisable.
 
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