Legal Advice on neglected horse

[AlDestoor]

I have put it on facebook however, I've been completely factual about the conversations and dates. I've not named her at this point either but I will eventually.

I'm a mix of emotions, completely heartbroken, upset, angry, confused, even guilt for trusting her with my pony. The pony in question is so genuine and quiet as well. No animal deserves this but least of all, her.

 

[Keith_Beef]

If the penalty you’re seeking is for her to be put off from ever being lazy to feed a horse in her care again, is to try small claims court.
Claim for the costs of bringing the horse to full health. Obviously you’re at the stage of rehabbing the horse and its ongoing, so you cant claim just yet, but once the horse is back to full health/condition then start your claim.
Its easy to apply online to get the ball rolling.
Have pics/video of before loan condition, and after loan condition. Close-up pocs of hoof condition, ribs, hair condition etc.
Keep all receipts of feed/bedding/supplements bought and also ask for receipts from farrier, vet, dentist - you’ll need good documentation of the costs.
Then you’ll have all evidence to correctly pursue it legally as ‘damage to property’ Claim.

This happened to me. The person who recommended the loanee and said she herself would also check on the horses, was the one who in the end, eventually, admitted they were dumped in a field, nothing being done with them...over winter, no hay, food etc...i didnt have such a tight case as yours as you actually specified in your contract when to see/feed the horse, so you have a clear breach of contract.

Hitting her with legal stress, expenses, and a huge bill to recover horses health, will make her think twice about ever bothering to neglect a horse again.

I think that this will be a better course of action, but you really need to see a solicitor about getting a claim for costs; your vet, farrier and dentist should be able to give to an idea of the cost of any treatment your mare might need (worming, supplements, physio) to repair the damage that has been done.

In the meantime, I imagine that your horse will not be ridable; you have lost the use of the horse, so if you want to ride you need to pay to hire or loan one. You solicitor might advise you to pursue for that cost, too. Or you could use the threat of pursuing for a LOT of money, and offer to settle out of court (thus avoiding having her name tarnished) for a lower sum to just cover the treatment and rehab.

I wouldn't publicly name and shame. You never know, hitting her with "legal stress, expenses, and a huge bill" as Purbee suggests might just shock her into understanding what she's done, she could learn something and one day be a responsible owner.

Publicly naming and shaming might just result in a very acrimonious argument through social media, with you ending up just as tarnished as the loaner. People might start to blame you for not checking up on your horse more often, and not spotting the problem while it was still a very small one.

 

[sport horse]

I have loaned horses successfully and sadly had a couple of experiences like yours. Be grateful someone alerted you. Be grateful you have got your horse back, albeit it a bit thin. Feed her up as much as you can, worm her well - the spring grass is not far away.

Any money you spend trying to pursue the loaner is money thrown away.

Moral of the story? Make sure if you loan again it is only to people pretty local and take up references from vet, yard owners etc etc and keep a close eye for yourself.

 

[AlDestoor]

I have loaned horses successfully and sadly had a couple of experiences like yours. Be grateful someone alerted you. Be grateful you have got your horse back, albeit it a bit thin. Feed her up as much as you can, worm her well - the spring grass is not far away.

Any money you spend trying to pursue the loaner is money thrown away.

Moral of the story? Make sure if you loan again it is only to people pretty local and take up references from vet, yard owners etc etc and keep a close eye for yourself.

Thanks, I did keep a close eye. Like I said, this wasn't a recent loan and she had had 6 months of being the perfect loaner. This was a case of trusting her during the lockdown and her not being truthful.

I'll never loan again. I always said I wouldn't let her off my yard however, as she had been so perfect for 2 months, and I had vetted the yard as well, I thought why not. Never again. I loaned another horse years ago with the same conditions and they were perfect, 2 years on they bought him from me. My trust in people has completely diminished.

 

[AlDestoor]

I think that this will be a better course of action, but you really need to see a solicitor about getting a claim for costs; your vet, farrier and dentist should be able to give to an idea of the cost of any treatment your mare might need (worming, supplements, physio) to repair the damage that has been done.

In the meantime, I imagine that your horse will not be ridable; you have lost the use of the horse, so if you want to ride you need to pay to hire or loan one. You solicitor might advise you to pursue for that cost, too. Or you could use the threat of pursuing for a LOT of money, and offer to settle out of court (thus avoiding having her name tarnished) for a lower sum to just cover the treatment and rehab.

I wouldn't publicly name and shame. You never know, hitting her with "legal stress, expenses, and a huge bill" as Purbee suggests might just shock her into understanding what she's done, she could learn something and one day be a responsible owner.

Publicly naming and shaming might just result in a very acrimonious argument through social media, with you ending up just as tarnished as the loaner. People might start to blame you for not checking up on your horse more often, and not spotting the problem while it was still a very small one.

I checked on her every month up until the recent lockdown. Like I said, this wasn't a recent loan or a new loan, she had had her for 6 months before this and was perfect in every way.

I do have another horse anyway, so I'm not too bothered about the lack of riding. Her health is more important.

 

[Leandy]

I have been in your situation. I took my horse back and fed her up and got her back in shape. I would agree that any money spent on pursuing the loaner will likely be money wasted. Trying to take proceedings will only prolong your anger and add stress on top for you. Personally I wouldn't do it and would chalk it up to experience. I might at the most send the loaner your initial vet's bill and other initial costs in getting the horse back in shape with a strong letter that I considered them her costs and that if she did not pay the sum into my account within 7 days I would consider legal proceedings, but then I would draw a line under the experience. I'm really sorry this happened to you and your horse, you certainly tried to do all the right things. I will never understand why people do this. If she didn't want the horse she could simply have sent it back. No knowing why she didn't. Oh and if I saw her attempting to get another loan or to buy again, I would have absolutely no qualms in contacting others to warn them.

 

[AlDestoor]

I have been in your situation. I took my horse back and fed her up and got her back in shape. I would agree that any money spent on pursuing the loaner will likely be money wasted. Trying to take proceedings will only prolong your anger and add stress on top for you. Personally I wouldn't do it and would chalk it up to experience. I might at the most send the loaner your initial vet's bill and other initial costs in getting the horse back in shape with a strong letter that I considered them her costs and that if she did not pay the sum into my account within 7 days I would consider legal proceedings, but then I would draw a line under the experience. I'm really sorry this happened to you and your horse, you certainly tried to do all the right things. I will never understand why people do this. If she didn't want the horse she could simply have sent it back. No knowing why she didn't. Oh and if I saw her attempting to get another loan or to buy again, I would have absolutely no qualms in contacting others to warn them.

Thats exactly it, the latest conversation on 31st January she said she wanted to extend it KNOWING she wasn't going up and her weight loss. I'm beside myself honestly

 

[SusieT]

She looks thin but that picture might only portray a winter weight loss in an old pony (not sure what age she is)- so I'd get some picutres from a differnet angle, several in good light.
Its clearly very poor she didnt call you and very disappointing that she didnt look after her when you had set good safeguards in place. At least you have her home now and can sort her out.

 

[AlDestoor]

She looks thin but that picture might only portray a winter weight loss in an old pony (not sure what age she is)- so I'd get some picutres from a differnet angle, several in good light.
Its clearly very poor she didnt call you and very disappointing that she didnt look after her when you had set good safeguards in place. At least you have her home now and can sort her out.

Yes I have some better photos in better daylight but they wouldn't upload on here for some reason. I also have a video.

She's only 13.

 

[Gingerwitch]

Just be careful I know your upset but if she is persecuted to much it will ge your fault if she plays the mental health I can't give I will kill myself card. It could end up with yoy being the villain not her.
P.s. if it were mine I would be in very serious trouble by now. So well done you gir your restraint. X

 

[PeterNatt]

You have done very well to have kept in contact with your horse and when you found out she was not being managed correctly repatriated her back home.
I would concentrate on ensuring that she makes a full recovery to her normal self.

 

[Tiddlypom]

Moral of the story? Make sure if you loan again it is only to people pretty local and take up references from vet, yard owners etc etc and keep a close eye for yourself.

And I did just that and STILL got a broken horse back . Like the OP, I collected mine within hours.

OP, I’d just chalk it up to sad experience and never loan a horse out again.

 

[TheMule]

I had to go and get a mare back off loan after being tipped off by a friend and she was in a terrible state. I reported the girl to WHW as soon as I had my mare home and they did a check on her other horses and admitted there were some concerns, but she fobbed them off and continued to neglect horses. Unfortunately unless they are without water/ really, really bad they don’t do anything.

 

[atropa]

I'm honestly gobsmacked. Why did she suddenly decide it was too much effort to go and look after the horse twice a day after several months of having her? Why didn't she just end the loan?
Your poor mare, I bet she is so glad to be home.

 

[Petalpoos]

Very sad that it all went wrong, and shocking, but now you have her back and she is safe. I would just put it down to experience and move on. Pursuing 'vengeance' will upset you even more and will not lead to any satisfactory outcome for anyone. I think that you publishing this on here will have helped other people consider carefully the implications of loaning.

 

[chocolategirl]

Hi all,

I wonder if there is any advice that I can get from you lovely people.

To give a back story:

In July 2020, My horse went on loan to, what I thought was a lovely loaner. They trialled her for 2 months at my propery and then I allowed her to be moved onto their yard in the August. Contract drawn up with clear rules of going up every day etc.

I visited every month to check on her, and everything was perfect. She was hacking out and having fun, and most importantly looked cared for.

My last in person check was on 14th December, by this time we were going into lockdown and had built up trust enough to text during the lockdown.

I checked in every 2 weeks via text message, with the latest being on 31st January. She told me she had hacked her and had her feet done. Sent me videos of her eating (which funnily enough looking back only showed her head) etc.

Fast forward to last night (8 weeks since seeing her); I receive a call from a close friend telling me that there are rumours on the yard that my horse is underweight and the loaner isn't seeing to her and do I want my friend to bring her in and check her over as she's not seen her without a rug on.

I call the loaner to question it. She says she has dropped a 'bit of weight' explaining its her first winter and she's learning etc. Its coming across to me that she's dropped a bit, but its winter weight (and said horse did have some to lose). I thought i'm not going relax until I've seen her, so I drove 45 minutes over there.

What I saw left me heartbroken and angry, so much so, I almost fainted. my horse is no longer the gorgeous moody mare she was back in December. She's underweight, you can feel her pelvis, see her ribs, see her spine.

On speaking with her (I say speaking...) Turns out she hasn't been going up every day out of laziness (her admission), and was going to tell me about her weight loss last night (convenient given i had found out by others). She has been out in this -10 freeze with no food, little grass and a rug that wasn't the correct weight; I've also since found out that she was out on her own in these temperatures and no one had smashed the water in her field. I spoke to the farmer, who is 80, and this was the bit that topped me off... bedding and forage is free on the yard so it's not even that money was the issue here. Pure laziness and neglect. She's also got a case of mud rash on her hind leg.

The horse is now back in my care (less than 12 hours after I first saw her) and is being checked over by the vet tomorrow. She's being fed, is rugged etc.

My question is, and I know a few will say put it down to experience but I'm really not content in this lady getting away with this, especially when the money wasn't the issue. It is going to take ages to get my beautiful horse back to how she was, along with the fact that she ruined a rug trying to escape from the field (and who can blame her... she was starving).

What would you do? I doubt the RSPCA would get involved now given I now have the horse back but I feel that she should be penalised for what she's done. To give you an idea of just how much weight... I put a rug on her that last year was snug... It's now on the tightest settings WITH a knot to make it shorter...

I’m afraid I’d be in prison by now! Sorry I know that’s doesn’t help you, but f**k me, I think I would have actually attacked the b**ch!?poor poor pony, I hope she’ll recover from this ? I’m not sure legally if you have any options, but definitely needs exploring. I’d also be spreading the word too, so that no other loving owner, which you clearly are, ends up in your shoes. My heart breaks for you, but don’t blame yourself, you did nothing wrong here, it’s all on the loaner ?

 

[windand rain]

Good reason for never letting your precious ponies out of your control. Shame for good loaners but in my limited experience loans are almost always a disaster.

 

[muddybay]

Good reason for never letting your precious ponies out of your control. Shame for good loaners but in my limited experience loans are almost always a disaster.

I know! There's so many loaners who dote on their loans but people like this seem to ruin it for everyone

 

[windand rain]

Not the first one to suffer this there are a number of ponies stolen while on loan too usually passed on for a few quid to unsuspecting people usually after they have been lame, starved or damaged and the new home think they are rescuing them

 

[AlDestoor]

Oh I know, I did get angry and apparently you could hear me shouting in the next stable block. My partner had to remove me before I lamped her.

I think I'm just going to get the word out, keep it factual as I have done with this and get my girl back to health.

She has agreed to replace the rug so well see if that materialises.

I'm just utterly speechless. My 2 horses are my life and I only put her on loan as she was too good to be wasted in the field. Lesson learnt ?

 

[chaps89]

I know! There's so many loaners who dote on their loans but people like this seem to ruin it for everyone

This. I have a companion on loan and would be horrified if his owner was ever unhappy - she's even said herself I look after him better than she did.
It's a shame when the few ruin it but when something like in this post happens, I can absolutely understand why people would not do it again.

 

[Tiddlypom]

Sadly IME there seem to be more loans that work out badly than successfully (not just mine).

 

[chaps89]

Sadly IME there seem to be more loans that work out badly than successfully (not just mine).

I wonder if that's just because you hear of the bad ones more?
Not sure I phrased that well sorry, along the lines of its 'easier' to complain about/highlight something bad than praise something good/going well? (Reply not aimed specifically at you! Just a musing comment in response to what you said)

 

[Wishfilly]

I think going down the social media route factually is a good thing actually- as it will hopefully prevent her getting another loan in the local area. If it's just facts and a few posts being shared around then I don't think there is much anyone could do. Who cares if you "look bad" if it makes someone else think twice about loaning their horse to her?

I do think even the threat of a small claims court case could put her off looking for another, too.

It is a real shame because there are great loaners out there, but personally I think I would only ever loan to stay on current yard, where I could keep a close eye!

 

[Pinkvboots]

I think the shaming is about all you can do even if it warns other people off it's achieved this stupid cruel person doing it to someone else's horse.

I think my anger would get the better of me and I would go all out so the whole horse population knew about it, might not be the wisest thing to do but I know it would make me feel better.

 

[PurBee]

I'm honestly gobsmacked. Why did she suddenly decide it was too much effort to go and look after the horse twice a day after several months of having her? Why didn't she just end the loan?
Your poor mare, I bet she is so glad to be home.

im wondering this too?
If loanee also said she’d report the horse if she saw a horse in that condition - begs the question why did she neglect the horse? What changed in her corcumstances?
She proved for 6 months she was capable, and then just gave up...but why? Why not alert owner cant cope with the horse?

Makes me wonder if loanee is a young person, inexperienced, proved herself at the start but horse ownership became too much so she slacked, heavily....without owning up to her not coping to anyone?

Thats the only compassionate stance i can take for the loanee, yet still doesnt excuse her not alerting owner before horse became so thin.

 

[Littlewills]

Given what I've just been through, and it is FAR from over, just be glad your horse is home in one piece and make sure everyone knows what she did. Mine was stolen on loan and then went AWOL. I suspect hes probably the most well known pet pony in Britain right now as I went nuclear with it once I knew we had an issue. It meant I found him within 48minutes, although retrieving him took a lot more time and effort.

It also means that everyone knows the person who had him. I've been slandered and attacked, both on line and an actual assault, (I was knocked to the ground and dragged across the floor by a big bloke, not fun!) And I am sure most people who see it dont believe either version of events 100%. But people will remember her name. Shes already looking for a new horse, and I've been contacted by people already who want to check into her. This has been since mid morning today so hopefully my actions make people think twice for a while.

I despair of the legal system and the knowledge and willingness to do anything at all by the police. You have absolutely zero chance of her being punished, zero! So I'd name and shame. So long as you are factual it is neither slander nor libel. Even if it was, it takes very deep pockets to chase someone through the civil courts for either. But just be aware that there will be a backlash, and it takes quite a thick skin to not read and engage. I think the most ridiculous thing I saw was that I had murdered lots of cats. I did manage to just roll my eyes at that one, but some other stuff was much closer to the bone.

If you think this will upset you or wind you up, then grind your teeth in rage for a bit and then move on. Its not fair, its not right, but you do have to be realistic.

 

[Sky’s-Legacy]

I had the same thing a few years ago, my horse was so thin and in awful condition! I took her back, before collecting her the loaners cut all her rugs up and returned them to me trashed!

Upon seeking advice I was told I'd require a vet to fully check the horse over and declare the horse fit and well and that there was no underlying health issues for the resulted weight loss and that it was purely down to neglect and lack of food/care! I decided that it wasn't worth it, I had the horse back safe and I'd be better off putting my time and money into getting her well again. I made as many people aware of what the person had done though to try and save another horse going through it.

I really hope you get her back to weight and full health soon bless her.

 

[EventingMum]

I can understand why you're very angry, this is not acceptable care but I think pursuing this will continue to fuel your anger and is unlikely to have a positive result sadly. I would allow yourself a few days to seethe and then put your energy into her care, hopefully, she will gain condition quickly. Having told friends the horsey jungle drums will no doubt let a lot of people know about this person anyway.

 

[ycbm]

And I did just that and STILL got a broken horse back . Like the OP, I collected mine within hours.

OP, I’d just chalk it up to sad experience and never loan a horse out again.

Me too, full references, immaculate equitation centre, starved in 16 weeks, I will never loan or rehome for a low price again.,