following on from Slaughterman thread.

pistolpete

pistolpete

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A Y.O. at same friends yard threatening to have 4 ponies destroyed as livery unpaid for 4 months. Is this possible without passports then? Makes me worry for ponies being slaughtered without owners knowledge!
 
Considering how useless passports are I'd think it was perfectly possible. Providing the YO has given appropriate notice I'm sure the ponies can be sold/pts in lieu of a debt.
 
If your last thread established that yes its possible for a horse to be PTS without a requirement for the passport to be produced then that surely answers this question too?
 
Taking a hard line here (and not having read the other thread) - the owner knows the bill is upaid for 4 months - what does she think will happen to the ponies? Has the owner been in regular contact in the 4 months or just bogged off leaving someone else to foot the bill. I think due process has to be followed (abandonment notice etc).
What a sad situation but may be the YO is on the verge of ruin due to yhe debt.
 
pistolpete said:
A Y.O. at same friends yard threatening to have 4 ponies destroyed as livery unpaid for 4 months. Is this possible without passports then? Makes me worry for ponies being slaughtered without owners knowledge!
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The contract will say ownership passes to YO or some such........... after 3 months or sometime, then the only way to recover costs is to sell, and it takes time to settle with legal stuff, another 2 months, at which time the costs are still building.
Cost of slaughter might be recovered, but unlikely.
The owner will be informed of the progress. Can't imagine that others in the yard will stay long if the ponies go this way!
It will probably be cheaper to give horses away.
 
I would guess yes. .

I would also assume if shes not planning to seize them and sell them to cover the livery debt, then they have little resale value? Has owner(s) still being looking after them for the last 4 months?
 
If the abandonment proceedure has been followed then yes it is possible for the ponies to go to slaughter without a passport but I would think the yo is threatening that so the owners pay up. the best way financially would be for the yo to go through the abandonment and get the passports from the owner so the ponies can be sold which would get more of the outstanding bill cleared. do the owners still visit the ponies as if they do the yo would not be able to say they were abandoned?
 
touchstone said:
Providing the YO has given appropriate notice I'm sure the ponies can be sold/pts in lieu of a debt.
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Unless there was a written (ie in the livery agreement) or verbal agement that the ponies could be retained until any unpaid bills are settled then no, the YO has no legal right to retain the ponies. A lien doesn't grant a YO the power to sell a pony, just the right to retain it until the bill is paid. And the YO certainly has no legal right to have the ponies destroyed.
 
Yard is a busy generally well run concern. I am not there it is where a friend keeps her two. She isn't even sure which ponies it is! Lots of fields large farm. Interested to hear the legalities of it all.
 
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