help! legal advice?!

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Xox

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I've got a mare on loan, and in the contract it states that her owners / I have to give 28 days notice if I need to give / they want her back.
Today her owner called and said he was coming to pick her up on friday! I have booked lessons,farrier, competitions and he is just going to take her away from me just like that? He also wants her shod as states in contract that she must be shod every 6 weeks and she is just over, so I have to pay for that too?!
No terms of the contract from my side have been broken, so can he just do this? :(
Thanks
 
If the contract says a month, other than if you are mistreating or harming their pony/horse, then that should stand.

It is a contract on both sides.

Why do they want it back so quick?

It is not riffy, but I do not not know what yOu can do, other than cancel appointments.

Soo horrid for you, and they are being very harsh
 
Xox said:
I've got a mare on loan, and in the contract it states that her owners / I have to give 28 days notice if I need to give / they want her back.
Today her owner called and said he was coming to pick her up on friday! I have booked lessons,farrier, competitions and he is just going to take her away from me just like that? He also wants her shod as states in contract that she must be shod every 6 weeks and she is just over, so I have to pay for that too?!
No terms of the contract from my side have been broken, so can he just do this? :(
Thanks
Click to expand...

If they arent sticking to their side of the contract i dont see any reason why you should put shoes on her. Seems a bit of a rotten thing to do, have they given you a reason why they are taking her back at such short notice.
 
Perhaps a starting point would be to E mail the owner and ask her to clarify the reason for wanting the horse back at such short notice. Include in your e mail an outline of your telephone conversation.

I'm suggesting e mail as it is an easy way to record what is going on.

If she replies to you with reason, other than those stated in contract for instant removal, perhaps you could then e mail back and explain the notice period within your contract and the expenses that you are likely to incur as a result of her removing horse instantly ( ie. most yards want one months notice for leaving, cost of cancelling your lesson etc. ) and that you will be expecting her to cover those costs as they arise only as a direct result of her breaking the contract.
In regard to the shoeing costs you could agree that they will be deducted from your losses as a result of contract being broken. (but I personally would not pay for shoes for a horse that she has decided to remove.)
 
They want her back as a broodmare, she has good breeding etc and they want to put her in foal asap...nothing like this is mentioned in the contract apart from the fact I can't breed from her! Really upset as we have qualified for competitions and I've put so much money into her and now its like I've just wasted the entry fees! Had so many things planned long term too, as its actually a 5 year contract! :(
 
If the contract says a month, other than if you are mistreating or harming their pony/horse, then that should stand.

It is a contract on both sides.

Why do they want it back so quick?

It is not riffy, but I do not not know what yOu can do, other than cancel appointments.

Soo horrid for you, and they are being very harsh
 
Xox said:
They want her back as a broodmare, she has good breeding etc and they want to put her in foal asap...nothing like this is mentioned in the contract apart from the fact I can't breed from her! Really upset as we have qualified for competitions and I've put so much money into her and now its like I've just wasted the entry fees! Had so many things planned long term too, as its actually a 5 year contract! :(
Click to expand...

If that is their reason then they are being unreasonable.

I would still e mail them outlining the reasons they want her back and listing the costs which you will incur and explain that if they insist on breaking the contract that you would expect them to cover those costs.
Explain that the contract requires 28 days notice.
 
navaho said:
If they arent sticking to their side of the contract i dont see any reason why you should put shoes on her. Seems a bit of a rotten thing to do, have they given you a reason why they are taking her back at such short notice.
Click to expand...

This. Especially as most studs insist that you remove shoes. Its pretty late in the year to try to get her in foal anyway.

I agree that you should email them and tell them how disappointed you are with their lack of notice, and ask for them to refund you for your entries for things that she has qualified for, and livery fees that you have paid. They probably won't pay, but it may make them realise how unfair they are being.

I hope that you find a nicer person to loan from next time.
 
Have emailed them and got a responce to the tune of 'my horse, my way' :(
And no, the horse is in amazing condition and would / has never been abused. Totally gutted!
 
Just ask them to pick up the horse, in th e next few days, leave it in the stable for them, but don't leave any of your own goods on it [lost a super rug that way] forget the shoes, what are they going to do?
You can't get a farrier at such short notice, agree with other post that it is pretty late to send a mare for covering, and if she is competition fit she may not come in season.
Bad luck with your loan, but at least you had a nice time while you had her.
 
Quote: "I've got a mare on loan, and in the contract it states that her owners / I have to give 28 days notice if I need to give / they want her back".

I don't understand. If the agreement says they must give 28 days notice, they must surely give 28 days notice -- unless there are legal reasons (or you agree) to vary the terms.
 
So sorry to hear this :(

Im very quickly being turned into the "loaning is bad" camp. On paper everything always spounds so good, but in reality it seems very rare that they wprk out.

I certainly wouldnt spend another penny on this horse. Dont think youre going to have much choice other than to cut your losses though!!
 
It is not your horse give it back, unfortunatly it is part of loaning, chances are the contract is not even legal, and lets be real are you goin gto take them to court? no.

sorry to sound harsh but it comes with loaning., just the same as if you lost your job and couldnt afford said horse.. off it would go.
 
I'm afraid some people will just bulldozer their way through life, and as they a totally encased in their own world, it is best to give up unless you feel like having a fight, legal or on not, it is better not to bring yourself down to their level.
Just make sure you tell everyone you know what they are like, so no one else gets suckered, I suspect you will see this mare advertised soon, if it is not already sold.
Cancel the farrier.
 
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