Horse Loan Termination

grandmaweloveyou

grandmaweloveyou

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Hi guys hope you are all well. I am back in Blighty. Now then. My loaner has decided to return my horse, except, she is saying she has no trailer anymore AND cant afford the next insurance payment. Her hubbie made redundant and she is working alot of extra hours (credit crunch casualty). My agreement says "(2) The Loan may be terminated on or before this date if:
2.1) The BORROWER no longer wishes to loan the HORSE. The BORROWER will inform the OWNER in writing, no less than 60 days before the HORSE (and all associated equipment as detailed in Section 12) will be returned ( items in a good condition) to the OWNER/ REPRESENTATIVE" so I believe I am right in saying that she is responsible to return him to me and that I technically have 60days to find him a home, correct? I am offering to take him back on 1st May as a compromise but expect her to a) bring him home b) insure him til then. Can you advise please? Thanks alot.
 
TBH if you're happy to have the welfare of your horse compromised then go ahead and hold out for the loan period but as your loaner has been v. honest with you and has informed you that she is struggling then I would be going to pick the horse up.
 
I'd be inclined to agree with scotsmare. How hard is your horse to place - what's he like and whereabouts are you ?
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I think that if she is struggling and has been very honest with you about why he is coming back then you should just take him back if you are in a position to.

She is probably upset to be returning him anyway and once the decision is made its always easier to do it sooner than later.
 
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Under the circumstances (the loanee being broke) I would take the horse back as soon as you can. I would imagine her decision is a sad one.

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I agree.
I would take him back as soon as I could
If she really can't afford the insurance and transport then I would help out. After all she could just have scrimped on the horse's welfare instead of being honest with you.
 
I agree.
Although legally, I am sure your loan contract is enforceable, and you could take her to a small claims court for livery, etc, in practice it sounds as if she really is in financial trouble.
At least if you fetch him, you can pop him out to grass, and pay his insurance.
S
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At the end of the day it's YOUR legal responsibility. cannot fathom why anyone would comprimise the welfare of their own animal just for argument's sake. When I've loaned mine out I've always had a back up plan should things not work out, ie somewhere it can go at short notice. Because it belongs to me and is therefore MY responsibility, not that of the loaner.
 
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I agree.
Although legally, I am sure your loan contract is enforceable, and you could take her to a small claims court for livery, etc, in practice it sounds as if she really is in financial trouble.
At least if you fetch him, you can pop him out to grass, and pay his insurance.
S
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Ditto. Why risk your horse's welbeing? She sounds like a very honest loanee and i would be grateful that she is being honest with you.
 
im not holding out for arguments sake but i have just come back into the country with no job (starting up a business / self employed) and a mortgage to pay alone! i wanted to get him back at some stage but wouldnt have dreamed of taking him away from her and couldnt have thought about doing it right now ie no money and no stable. its not about not wanting him, its about me being in a dire situation too and not wanting to move him twice, ie when i bring him back here (asap) i want him in a yard where he can stay, ideally with me and a sharer. thanks guys for your advice. in answer to a response, he is a gorgeous gelding, impeccable on the roads/hacks etc with / without company and shows beautifully and is not hard to reloan at all but i want him moved once. all my equine friends are terribly excited, as am i, but its timing (isnt it always!).
 
Could you try and set up a new home to loan your horse to straight from the existing one? A pony we had on loan was outgrown and through my contacts I managed to set up a new loan home for him and following home visits etc by the owner he moved straight to the new loan home. I know loan agreements are there for a reason but tbh not sure how much clout they have when things don't go according to plan. Explain your situation to the person loaning and perhaps try to work together to solve a short term solution. As others have said she has been honest with you and you have your horses welfare at heart so try to find a compromise whilst you are looking to find a new loanee/sharer. Hope things work out ok they usually do!
 
west sussex. horsham. btw i should have perhaps mentioned the twist in this story that has got me cross hence posting - loaner will be "getting a semi retired horse that needs less work and exercise" - i am confused...do they cost less then to shoe / feed / house???
 
I guess that's due to her working longer hours, but if she can't afford to pay the insurance for yours this month it does seem a bit silly as other costs will be similar!
 
Oh what a shame, we are all the way up in North Yorkshire. Loaner sounds very strange - why get another if she's broke!!!?
 
i've offered to have him back immediately therefore taking over the cost of the stabling and insurance etc but now she is saying she cant afford to bring him back and hasn't got the time. aarrgghhhh. i never wanted to let him move so far away anyway and she begged me so i thought she would at least transport him home for me!
 
Yes, I think you should have mentioned the 'twist', it makes a lot of difference
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Even still, I have put my pony on loan and will usually take him back a.s.a.p when a loanee wants to return, whatever the reason. If someone is in the position of taking back immediately, I see no real reason to hold them to the contract.
 
Whilst your contract is enforceable, it would cost you in terms of time, money and effort. The loanee may well be banking on it costing more for you to do that than it would for you to go and get him.

I understand your angst, but I would cut my losses and go get him. Look for grass livery to keep your costs down?
 
mmmmm so is anyone able to help with a journey from horsham west sussex to bristol - ie 4 hoursish i think?! i cant wait to get him now. stable sourced just need to work out the a to b bit.
 
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