Kiddnapped horse!

I would suggest that you instruct a solicitor immediately and get them to get in touch with the Chief Constable and put them right over the law. Your solicitor can also take out a court order to compel the yard owner to tell you where your horse is and return it to you.
 
So did the police assist the yo with seizing your horse then? Under what act? With what evidence? Have you been told which section the court can award ownership of your horse? I'm sorry but something smells fishy here.
 
The YO can legally place a lien (hold onto) on the OP's property (horse), as long as she -
a) is owed money (I know that is disputed by the OP)
b) obtained the property legally (ie - the horse being placed there on livery)

It is totally different from anyone coming to your home to take property away for a debt.

She can't automatically sell the horse to recoup the debt, unless there is an agreement for her to do so. (This is where YOs usually come unstuck when they have horses abandoned with them - but I digress)

I seem to have gone mad with the brackets, but I hope that makes sense?
 
if you ve paid cash you need to gather your bank statements to show withdrawals of similair amounts when you paid.. I doubt the court would come down on your side without any form of evidence, it s your word agianst the yo. Its a lot of money right enough,
if youve got definate proof i would cough up.... make sure she signs a receipt for the money grab the horse and your stuff then take her to small claims.
If you ve got no physical evidence of payments made to her i reckon she has got you by the short and curlies.
 
If you've got proof of payments (which you must have, unless you only pay in cash. But then you should have got receipts) then i can't see why anybody would be able to keep your horse and belonging.
 
Help me out here.

So if you say you DON'T owe the money, then have you:

A - already paid it, or

B - not used the services she has claimed, ie, not had the horse on the yard?

I'm confused. Why do you say you DON'T owe the money?
 
luckyoldme said:
if you ve paid cash you need to gather your bank statements to show withdrawals of similair amounts when you paid.. I doubt the court would come down on your side without any form of evidence, it s your word agianst the yo. Its a lot of money right enough,
if youve got definate proof i would cough up.... make sure she signs a receipt for the money grab the horse and your stuff then take her to small claims.
If you ve got no physical evidence of payments made to her i reckon she has got you by the short and curlies.
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Not questioning the correctness, but I'm just curious - why would the burden of proof be on the horse owner and not the YO?

If the YO is the one claiming there's an issue, should she not have to prove it in order for a court to find in her favour?
 
MillyMoomie said:
Ant121 people CANNOT withhold or remove people's property. This is called theft.
The 'courts' would either award the yo your horse depending on its value or not. Just as it would be up to the yo to prove that you owe money and yourself to prove that you don't. Until then your horse is YOUR property.
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They can. It's called a lien, and I suspect this is what the YO has done with the horse.

Anyway, as it's all in the hands of a solicitor I'm sure the situtation will be rectified swiftly.

Good luck op. Update us when the situation is resolved.
 
russianhorse said:
I'm inclined to agree with both Patterdale and effycorsten

.... And Queenbee, as I've also yet to hear of anyone retaining a horse and then adding to the bill anymore than basic care :/
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Exactly, in all my years Ive known of three cases, one that I saw at sales, I heard later it was sold in lieu of livery debt, one at my old yard that was removed from site until payment was made... bit underhand but to be fair livery was taking the pee and horse was on full livery so was probably quite a hefty bill!

The other was a friend of mine, she was due to pay at the weekend, she often struggled but always paid, she heard they were about to remove her horse (even though they knew payment was on way) it was the same yard as the previous horse, so she borrowed money off a mate, went and took her pony and walked off the yard (apparently giving YO a mouthful and the finger on her way) it was only as she walked down the rd she realised she had a pony and no where arranged to go! luckily there was a yard down the road with a space :D

So other than the one i didn't know but saw at sales, and the two above (apparently YO was notorious at said yard) I have never seen it practiced anywhere else because of costs and effort incurred to YO, and if an animal is held, its chucked in a field and has minimal amount done with it to save on cost... why on earth exercise a horse (cost of time etc) when you are owed money already???

Just wouldn't happen
 
^^^ I agree witn jenj, if this is a genuine post then its quite simple get a solicitor, if the YO has no proof you owe money (and most yards you would pay for in advance especially one so expensive) then she HAS broken the law by siezing and moving a horse with passport and permision!? And certainly if the YO has previous history of doing this and other victim would testify then YO would be ripped apart in court!......haing said all this I doubt this is genuine
 
ant121 said:
well according to the police she can.........
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do you realise how little 'law' the police actually know? Without a lien (official document of which you have to have a copy) they can not keep your horse! LAW LAW LAW, oh and yes, there is someone sat right in this room who with me who does know their stuff. Police, for all they have said, are not well versed on such things and often are ill informed when it comes to horseys - they dont like to get involved. go into the station and insist to speak to someone, say you are even prepared to leave tack until the matter is sorted but you WILL NOT leave your horse, you expect to be accompanied by police, to get your horse back and if not you will put complaint into the police complaints authority.
 
If you can afford to pay £100ish? a week then why wouldn't you just pay...!

And another thing If you where paying around £400 a month WHY would this be cash!!!?

Next confusing point, if you have zero proof of the money leaving your account re bank withdrawals WHERE IS IT COMING FROM!?

I know of course from personal experience of having a small business on the side in which I am paid mostly in cash that you can be paid in cash almost 100% of the time in certain working situations but I thought those who kept it under their bed instead of in a bank where well into their
70's by now....?

I think op you are indeed taking the p*** out of us and are in fact an attention seeking teen maybe???

I'm really sorry if I'm way off and really insulting you but I think it's clear now that if you want us to seriously help you in someway you might just have to prove the validity of your ehem story?
 
oh and anther thing ( This thread is really bothering me now)

If you are willing to pay an equine solicitor (a reasonable fortune?) why not just pay the YO and see that as an unofficial solicitor fee + court fee and costs, all at a hugely knocked down price of what it would really take to take her to court?

I'm not entirely sure what sort of costs are involved as I'm not someone who's been taken or taken anyone to court so sorry if my point is er pointless..
 
EffyCorsten said:
If you are willing to pay an equine solicitor (a reasonable fortune?) why not just pay the YO and see that as an unofficial solicitor fee + court fee and costs, all at a hugely knocked down price of what it would really take to take her to court?
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what i would add, IF this is all true as you say, you would have a hard time explaining to the court proof you dont owe the money, and it will take a long time it get to court, plus the cost of filing it to the court for the date! In this time, potentially racking up a higher bill?

Im sorry, but this has to be a troll...if not, im inclinded to believe your version of events probably differ greatly to the truth.
 
FionaM12 said:
Also, the trouble with getting a specialist solicitor involved, the expense of doing so might be greater than the money owed (allegedly) surely? :confused:
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EffyCorsten said:
If you are willing to pay an equine solicitor (a reasonable fortune?) why not just pay the YO and see that as an unofficial solicitor fee + court fee and costs, all at a hugely knocked down price of what it would really take to take her to court?
Click to expand...

Delicious_D said:
what i would add, IF this is all true as you say, you would have a hard time explaining to the court proof you dont owe the money, and it will take a long time it get to court, plus the cost of filing it to the court for the date! In this time, potentially racking up a higher bill?
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I haven't had a lot of experience of solicitors, but I do know their charges would be likely to put your £800 in the shade, not to mention any court costs. :eek: Plus, as D_D points out, the livery bill is going up the meantime.

It doesn't make sense to me.
 
I am aware about the costs of solisitors for my PI case....and also an employement tribunal....not cheap. Mind you, depends if you win ;). Luckily i did. :)
 
ant121 said:
NO not at all!!! I was hoping to come here and get some advice on getting my horse back safe and sound! but I guess I was wrong!
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You've had lots of advice on getting your horse back safe and sound. Have you not read the whole thread? :confused:
 
Oh sorry, havent you had the advice you wanted?

*pats back* Yes, you are right! mean nasty YO!, dont worry, we will all rally around, pull the yard gate off its hinges and bulldoze your horse out of there.
 
IF it's true that the YO is holding your horse in leiu of a debt, and IF it's true that you paid her, then let her take you to Court. The very fact that she's trying to charge you for entry fees which you can prove you paid out of your own bank account will cast doubt on all her other claims
 
Thankyou to everyone who has helped with either website of help or just helping me out we will be taking this matter to court and will make sure I will get my horse back!! I don't want any more just the horse!!! i don't care about the money or the tack its my mare i want back! and will ot stop till i do!! but thankyou to people who have positively contributed to this post thingy thankyou!!
 
xiluvhorsesx said:
This is terrible!!!
Go back to the police!
Good luck I hope everything works out xx
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it truly is, my daughter me and my husband haven't slept since it happed, its awful but were getting closer to finding out where she is and we are sending a vet to check her and to see if shes fine.
 
Queenbee said:
do you realise how little 'law' the police actually know? Without a lien (official document of which you have to have a copy) they can not keep your horse! LAW LAW LAW, oh and yes, there is someone sat right in this room who with me who does know their stuff. Police, for all they have said, are not well versed on such things and often are ill informed when it comes to horseys - they dont like to get involved. go into the station and insist to speak to someone, say you are even prepared to leave tack until the matter is sorted but you WILL NOT leave your horse, you expect to be accompanied by police, to get your horse back and if not you will put complaint into the police complaints authority.
Click to expand...

ant121 said:
it truly is, my daughter me and my husband haven't slept since it happed, its awful but were getting closer to finding out where she is and we are sending a vet to check her and to see if shes fine.
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I would take Queenbees advice if i were you, it is VERY good advice, and even if it doesnt work what have you got to loose!!!
 
You seem to have gathered quite a lot of extra information since this all started, you know you are not the first person this has happened to. A claim for monies you can prove you already paid from your bank account etc. so with the extra information do take the advice given, see a solicitor urgently who has experience in livestock/horse matters, go back to police and insist you are given support and tell them about other person who can back you up.

In all this I do feel so sorry for you and family it must be a nightmare, and so awful for your poor horse. Do let us know the outcome.
 
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