help urgent-where do i stand???!!

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pixiebee

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short dtory is:
i sold tb to this lady 6 months ago due to time etc
lady loaned tb out 1 week ago to girl-NO CONTRACT AND NO TIME FRAME GIVEN!
i hear lots of stories of girl abusing tb, him rearing etc etc
gets back to lady who not happy, so was happy for me to purchase him back anyway despite this.
so lady tells girl yesterday that i am going to go up yard and take him and his gear etc.
girl says i am not allowed to take him unless lady pays her money which she spent this last week on livery etc abd if i try and take him they will call police etc.
lady has his passport and has told me to go and take him, he is her horse and SHE will call police if they try and stop me.
its all a big mess, i just want him back :-(
help!!
 
If I were you I'd asl the owner to either go herself, or to accompany you when you collect the horse. The loaner's (verbal) contract is with her after all. IMO you are best keping out of that part of the transaction and simply buying him back from the ownerafter she has removed him from the unsuitable loan home.
 
God what a mess, I do feel for you.

Do you or the lady who bought him off you, have a purchase reciept to hand. A passport is not proof of ownership, but I believe that a reciept is and I can only assume that if she has both, the police won't be to intrested in the return of thie horse to it's legal owner. However, she could be on a sticky wicket regarding the laws of trespass and posession?

If it were me though, I'd blazen it out, rescue my horse back and worry about the consiquences later once he was safe at home and in my pocession.

Good Luck!!
 
Is there any chance that you could speak to the yard owners? Explain the situation regarding your recent purchase of the horse from his current legal owner and ask if they could meet you and the legal owner at the yard when you collect the horse? It's not tresspass then and you may also have another backup if the girl gets a bit mental...
 
This is between the lady who brought him from you and the person she loaned him to. She must obtain the horse before she can sell him to you. The most sensible option is for her to go and get him and deliver him to you. I hope you haven't parted with any money yet, because this sounds as if it could get messy. Why not get some legal advice from your insurance company.
 
hi yes, we have a receipt! i hope she hasnt lost it! it was hand written and we both signed it! ive still got mine from when i bought him the first time round, but have not officially purchased him yet! Yard owners are aware of the situation and unfortunately are friends with said girl which makes this more awkward. :-( i cant just walk away, i love that horse and wish i never sold him.
 
Tell the lady who owns him to go and collect the horse.

She has the passport, so cannot be prevented from doing so.

She can then either deliver the horse straight to you - or you collect it from her.

Simples.
 
Go an get him. I

ts the lady's problem to solve. If you have proof of a contract of sale then the horse is yours. If the girl has a problem with the livery being paid she needs to take it up with the lady.

Get him out of there!
 
Tinypony said:
This is between the lady who brought him from you and the person she loaned him to. She must obtain the horse before she can sell him to you. The most sensible option is for her to go and get him and deliver him to you. I hope you haven't parted with any money yet, because this sounds as if it could get messy. Why not get some legal advice from your insurance company.
Click to expand...

Was just about the say the same thing as above.

Don't get involved until the owner has collected the horse, the dispute over the horses welfare should be between the owner and the loanee, otherwise the loanee (if she's a nasty piece of business) will go out of her way to make life difficult if she thinks people are 'talking' about the way she is caring for the horse etc.

Good luck, hope you get things sorted.
 
Legally you can not just turn up and take the horse purely on the owners say so. The loanee would be absolutley right to refuse you access to the horse on just you verbally saying that the owner says you can. However if the owner cannot go with you to accompany the horse she can tell the loanee that she is authorising you to collect it on her behalf and she can then give you a signed letter authorising you to do so.

This should act as a warning to anyone that even if you loan to a friend you must always have a contract signed and countersigned by a witness!! They can be downloaded free from the BHS website so you dont even have to pay for one!
Simply dowload from their website 'sample loan agreement' and fill in the gaps to suit.
 
amymay said:
She has the passport, so cannot be prevented from doing so.
.
Click to expand...


Possession of the passport does not indicate possession of the horse. Even if you have already "bought" this horse it does NOT belong to you unless the person that you bought it from has the right to sell it to you. If you buy a stolen car, for example, it never belongs legally to you, it belongs to the person who it was stolen from or to their insurer.

Be very careful if you plan to seize this horse, you could end up being charged with theft unless you have right documentation or witnesses proving that you own it!
 
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Go but take owner with you. You have no reason to be worried about her calling police she will only be bluffing and even if she isnt owner always has right to take horse back with or without any formal contract.
 
Be careful both of you, the law is not that simple. What are you going to do if she tells the police that she was given the mare outright and that you are now attempting to steal it? The law will initially presume that the person who has possession of the horse is in the right, and you may find yourselves in a very nasty situation. It would be so easy for this to degenerate into a physical exchange of a few slaps and the two of you to end up in court on charges of assault or even affray. Don't think it can't happen. It does. Do not attempt to seize this horse by force, please!
 
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