Given a pony!

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horsemonkey

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We were given a pony.
about 14 months ago, we had to buy rugs tack and all such like as the lady had been kicked off her old yard having not paid rent. All her tack etc was kept by the yard owner as payment for arrears.
We have not heard from her for over 12 months until yesterday when she phoned and said she's in a better financial situation now after her depression caused by her divorce and now wants the pony back. She has told my girlfriend on the phone that if she doesn't have to kick her head in to get the pony back that she will get the police involved???
Where do we stand as she holds the passport?
Kind Regards
Paul
 
Do you have any documentations or witnessed verbal agreements that demonstrate that you where given the pony?
If she claims the pony back you can counter-claim for all the expenses that you have incurred in looking after and keeping the pony.
I would suggest that you contact a specialist equine solicitor for advice. Might be worth joining the BHS as a 'Gold Member' as free legal advice is included with your membership.

Possesion of a passport does not demonstrate ownership although as the keeper of the pony you should have had the passport.
 
This happens all too often now.
I agree with above get some advise from the BHS equine solicitor. But basically she will not be able to get the police to get involved as they will class it as civil matter. Equally if she was to say "steal" the horse back from you it would be a civil matter.
I would suggest you make sure the pony is kept somewhere that this personcannot find out where she is. Write her letter, send by recorded delivery) stating that it is your understanding the pony had been given to you and since then all expense for the ponies care has been met by yourself, if she would like the pony back she will have to pay £xxxx towards the costs of said pony for the last 12 months. If she fails to agree to that then tell her she will have to claim the pony back through the small claims court, at which point you can put your case forward too. In the mean time I would gather togeather as much evidence as possible that suggests you have been the main financal carer the pony for the last year. Livery bills, Vaccination invoices, farrier invoices, vets, insurance ect.

p.s just to warn you too you have been breaking passport laws by keeping said pony without passport.
 
Try to dig out any receipts that you can, tack bills, rug bills, vet, dentist, livery, farrier etc. You may find that she cannot afford to give you the money and that you will be able to keep the Pony.

Did you have any witnesses when she gave you the Pony? Get a written statement from the old YO aswell if you can.

As another member already advised, join the BHS and become a gold member as you can then seek legal advice.

Good luck
 
ossy said:
This happens all too often now.
I agree with above get some advise from the BHS equine solicitor. But basically she will not be able to get the police to get involved as they will class it as civil matter. Equally if she was to say "steal" the horse back from you it would be a civil matter.
I would suggest you make sure the pony is kept somewhere that this personcannot find out where she is. Write her letter, send by recorded delivery) stating that it is your understanding the pony had been given to you and since then all expense for the ponies care has been met by yourself, if she would like the pony back she will have to pay £xxxx towards the costs of said pony for the last 12 months. If she fails to agree to that then tell her she will have to claim the pony back through the small claims court, at which point you can put your case forward too. In the mean time I would gather togeather as much evidence as possible that suggests you have been the main financal carer the pony for the last year. Livery bills, Vaccination invoices, farrier invoices, vets, insurance ect.

p.s just to warn you too you have been breaking passport laws by keeping said pony without passport.
Click to expand...

totally agree with this. at the end of the day, the only thing that proves ownership is a receipt! Make sure the letter is sent recorded not special delivery, this is where royal mail obtain a signature upon delivery of the letter, therefore you can prove receipt of the letter by the other person.
 
LaurenBay said:
Try to dig out any receipts that you can, tack bills, rug bills, vet, dentist, livery, farrier etc. You may find that she cannot afford to give you the money and that you will be able to keep the Pony.

Did you have any witnesses when she gave you the Pony? Get a written statement from the old YO aswell if you can.

As another member already advised, join the BHS and become a gold member as you can then seek legal advice.

Good luck
Click to expand...

Hi, thanks for your reply.
With regard to tack etc. we'd keep that anyway so we're not too concerned about receipts for that although we'd bought just about everything second hand from friends who would back us up with the exchange of money for items.
Farrier, we always use the same farrier who will have dates and be able to supply receipts. From our diary, we've got 10 sets of shoes at £60 a set.
Livery, there is only us on our yard. Had she said we weren't keeping her in the first place then we would most definitely have come to some kind of arrangement for field rent, labour, feed etc. We had a friend on there who was buying his own feed and tending to his own horse daily and he used to pay £80 per month.
With regard to feed, I feel that £40 per 1 x bail of haylage plus £10 hard feed per month is perfectly reasonable.
When they collected the pony from the yard the girls on the yard where she was originally kept had said that they were reluctant to let her go in case she landed back in the hands of this woman as they had been feeding her as she hadn't been down to the yard for months. We had heard a rumour that the RSPCA was called with regard to this but as it stands we don't know if this is only a rumour.
Thanks again... Paul
 
The receipts are more to help prove how long you've been providing for said pony, I feel.

I don't suppose you had the pony microchipped or freezemarked when it came into your care? Just thought :)

Good luck!
 
Ok thats good that you can get the receipts.

I would try for some written statements aswell though to. Try the liveries and YO of old yard, ring RSPCA and ask if infact the owner was reported and if so could you have a statement (if they are allowed to do that) If it goes to court you can provide the statements to show that Pony is better off with you and the reciepts will prove how long you have looked after Pony for. If she does manage to get Pony back the reciepts can be shown to see if you can recover any of the costs looking after the Pony.
 
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