Echo Bravo
Well-Known Member
The above advice is very good, so hope your mare makes a recovery
If I was you, I wouldn't be posting pictures on here, I'd be getting on touch with every authority you can, and your solicitor, if your horse is that bad, I'd be taking legal steps to get the person into court, and also to try to get back costs of vets, which you are obviously going to be paying for now...
. I had the BHS loan agreement.
I sympathise with your situation and that of your Horse. However, the BHS Loan Agreement is purely a sample Agreement, if you read the preamble it quite clearly states that.
The Agreement, that I reiterate is only supposed to be a sample, fails to include clauses that will make it enforceable. One of those Clauses is concerned with Dispute Resolution.
In addition, the Agreement does not include any provision for Indemnity. In other words, a bond, or a way to compensate you for the cost of any expenses that you need to pay as a direct result of the Loanee's failure to perform their obligations for the care of the Horse under Terms of the Contract.
You make mention of the Loanee's parents. Subject to a few complex exceptions that I don't doubt will not concern this situation, the Law of Contract provides that a minor does not have capacity to enter into a legally binding Agreement.
When entering into any form of legally binding Agreement, it is prudent to consult with a Solicitor, especially where the welfare of a Horse and arrangements for it's care are concerned.
We all love our Horses and whilst we will never admit it to others, most people treat their Horses like children and regard them as part of the family. Whilst this is not intended to be directed at you in a derogatory way, I ask the following question in order to stop and make people think about what they are doing, "Why would anyone entrust the care and wellbeing of their child to a complete stranger without the benefit of a properly consituted Agreement that provides for a system of redress in the event that something goes wrong."
I am puzzled as to what help you want, and whether it is the right path for you to obtain it by coming on here as a total new poster asking complete strangers for help.
Perhaps if you could explain more clearly what help you need you will get more relevant support.
Your reply seems a bit harsh, after all most of us are strangers to each other on here and I thought that's what a forum is for, to ask for help and advice!
Your reply seems a bit harsh, after all most of us are strangers to each other on here and I thought that's what a forum is for, to ask for help and advice!
I honestly wonder why people put their horse out on loan unless it is on the same yard and can be monitored closelyl. I know the good loans probably outweigh the bad, but it seems when its bad its dire. My friend loaned to someone who her yard owner insisted was a competent rider (in her late 40s at least) and had loaned before. The horse is a TB and something of a k***head, plus has barely been ridden for years. The loanee was advised he wasn't good in traffic at the best of times. After a week the loanee asked if she could put a martingale on him (never worn one in his life) and my friend said yes but be careful since it will be new for him and assumed that they would fit it loosely etc to start with. On the same day the loanee hacked him alone down a 40mph limit road in the rush-hour (semi-suburban with trading estate at the bottom and downhill, so you can imagine the sort of traffic and the amount over the speed limit) because "he been good when she and a friend rode down it on the previous Sunday afternoon". On the way back something happened (my guess is a car flashed its headlights at them), horse threw his head up, met the martingale, panicked completely, reared vertical and over backwards and legged it loose back home amongst the traffic where the vet had to be called to sort out the injuries. The loanee then decided it was entirely the horse's fault, my friend had misled her and threatened to sue for her own injuries which included a fractured spine (not as serious as it sounds). The loanee had previously loaned, that was true, but an elderly horse which still managed to dump her regularly which doesn't say much about her riding ability, and the YO took her side and so my friend then had to move her injured horse to a new yard at very short notice.