Legal Advice on neglected horse

AlDestoor

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She does have gooey eyes at the moment but I expect this is because she's run down. I've got some optrex which I'm going to use to help... or would you just leave them? I've never dealt with this situation before (and I have a tb!)
 

Gingerwitch

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The RSPCA wanted to prosecute my case and they got a vet to do a report. The vet report said he wasn't bad enough to obtain a conviction. This is him, 16 weeks in her care, the horse in my avatar at 11 years old in the picture below. Thank god somebody let me know. He was sold but we bought him back, giving her a profit, to get him out of her clutches.

She had an impeccable, spotless yard and fabulous stables and brought a lovely livery (who was later horrified at what she'd helped happen) with her for a reference.

My advice would be to be grateful you have her back and that she isn't worse, and let it go, or it will eat you up from the inside out.


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Just why ?? I just cannot get into the mindset. I have one who is a good doer and I hate to see her without feed but she gets little bits when the others get huge amounts. But even she got ad lib whenever hit below minus 5. I just could not let her stand with nothing.
 

ycbm

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I guess Im The kind of person who worries about if they are too hot or cold, get enough exercise, attention and calls the vet if they’re ill. I couldn’t imagine doing the above as I am sure most of us couldn’t but why go to the effort of loaning a horse and neglecting it... I mean if you’ve lost interest you can always hand it back in that situation (I understand your situation was slightly different). I have to remind myself that most people are good.

Baffling when they're a loan, isn't it? Just send the horse back! Most people are good but I'd pay a lot of money for someone to tell me how to spot the bad ones. So many horses which are safer put to sleep than given a quiet run down to retirement, because of a small percentage of bad apples.
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Surbie

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I'm horrified someone let a horse get in that condition. So good you have her back! I cannot understand how the person couldn't simply admit that having a horse wasn't for them. It's so much easier (and cheaper!) to give the loan back if it isn't working.

As a loaner myself I do think it's a shame that this also means another person is (understandably) put off loaning their horse.
 

rabatsa

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Not on loan but bought from a dodgy dealer. The vet said not enough evidence for taking any action. The back feet had never been trimmed and the fronts had just been butchered with an angle grinder with no attention to balance. He had flunixin from the vet before the farrier could do his feet. He is still foot sore 7 weeks later.20201230164556092_f7a3ac1e83204c4fb558974ab9e386e4_D35730583.jpg20201230171728812_f7a3ac1e83204c4fb558974ab9e386e4_D35730583.jpg
 

skint1

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I think you have done well not to physically scrape the floor with the loaner! I am so sorry for your horse and for you and I am so glad that she is safely back with you. I don't know what action you can take legally but I would certainly if I saw her advertising again for a horse to loan or responding to ads for horses to loan let it be known, discreetly or otherwise, what happened to yours.
 

Griffin

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She does have gooey eyes at the moment but I expect this is because she's run down. I've got some optrex which I'm going to use to help... or would you just leave them? I've never dealt with this situation before (and I have a tb!)

I would ask the vet to have a look at her eyes. If I know that it is just a bit of dust etc, then I would use a cold tea bag but in this case it could be related to her treatment and is another nail in the loanee's coffin.

Well done for getting her back so quickly but I am so sorry to hear about what has happened. I would be careful of calling her out on social media but I would certainly be telling all and sundry about how awful she has been. I would also let it slip about what happened in local tack shops and feed merchants.

I would contact a solicitor once the vet has been and take her to a small claims court for your rehab bills.
 

Equine_Dream

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I swear by the vet. I never mess with eyes. Ever

Obviously if you're unsure consult vet straight away, but one of mine is prone to catching the odd chill in his eyes in winter. Spoke to my vet previously who agreed for mild irritation teabags are brilliant. Ask the vet to take a look while they're there today
 

PurBee

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I haven't read the whole thread but given my minimal experience of solicitors and horses, I would say, don't go to a solicitor. They cost a fortune and I'm not sure what you'd get out of it. If you really want to pursue her legally, your best bet would seem to me to do as above and go via small claims for the costs of restoring the horse to its previous condition, i.e. vet bills, feed bills, physio etc. I've no idea how successful that would be though. A brief and purely factual (no emotion or name calling etc) shaming post via social media, childish though it seems, might actually be the best way to go. Really sorry this has happend to you.

i agree, solicitors will cost you more than you’ll be awarded. One solicitor told me that when i had a free consult after purchasing a vehicle with cash, that turned out to be illegal and dangerous.

The small claims court route allows you to represent yourself, compile details facts/pics/videos, send off your claim, it gets assessed and voila, a result. It’s mainly a paper exercise. The defendant gets notice of the claim and has the opportunity to present their side of the story.

I personally would have a chat with the loanee and express my intentions of small claim court route. I’d give the option of them paying me for the rehabbing cost to bring the horse to sale/loan condition, without going through the small claims procedure. It saves everyone effort if it can be dealt with amicably.

I’m not a fan of the public shaming social media idea. It could tarnish someones reputation for a very long time, beyond the remit of ‘justice’ of the original crime. It could have repercussions you didnt intend to happen. Once something is said about a person ‘out there’ in the social world, you cant control what others will do based on your words. You intend to warn others of a bad loanee so they dont suffer the same as you, but off-shoot consequences can easily happen you didnt intend, and the karma of that is in your lap.
I know you’re angry, yet allow that to settle before using social media as a route for revenge.
Revenge ultimately brings more suffering for all of us.
“eye for an eye makes everyone blind”

Recouping time and expenses cost of rehabbing your horse will be the fairest for all route.

I’ve been let down by people, as many of us have, and now, after the wisdom of very painful experiences, the one thing im most wanting from the other, is a genuine apology. Then i’ll let it go. You’ll be amazed how few people actually apologise when they’ve seriously shafted you! So a genuine apology is worth its weight in gold in my book. I know the person can relate to my sadness/pain and that causes them to openly offer an apology. If they think they’ve done no wrong, or their wrong was justified, they’re thinking only of themselves and not the concequences of their actions, and therefore dont care about you, and will never apologise. That kind of person is best left in the dust of the past, as more interaction of any kind with them generally brings more pain.
 

Flyermc

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In all honesty unless you have it written watertight in your contract, something along the lines of the loanee will be responsible for additional costs incurred by the owner to return the horse to a ridable condition it left in... your wasting your time with the small claims court.

in all honesty, judge rinder is probably going to be the better option for you

To be honest it might not go to that (why i suggested it) we did this for a second hand chicken coop we recently bought. It was very easy, the seller admitted there error (despite refusing to give a part refund earlier) and gave a part refund. We did this based on a different friend doing similar with a miss-sold horse and they got there money back, no problem.

It cost us £25 (which we also got back from the seller) and took about an hr to fill the forms in, making sure we attached all our evidence (which was only the advert and FB messages) We got £85 back in total, so was worth it
 

SatansLittleHelper

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I've got little to add to what's been said but sending you a massive hug OP. You clearly love this horse and I'm so sorry she's ended up in this state. I've no doubt you will have her back to full health in no time xxxx
 

AlDestoor

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Hi Guys,

sorry I've not been replying to comments. I just needed time out to calm my emotions down. I'm now thinking rationally.

Vet has been, they've advised not to worm just yet but have taken poo samples to do a worm count already. Heart and lungs sound fine so they're not concerned about those. They've taken bloods to check kidneys/ liver function but again, they're not concerned about those either but I want to be sure (paranoid mum). They're coming out again in a few weeks to see how she is getting on and ringing me with the results.

They've said plenty of grass, hay (not haylage for time being) and wet sloppy feed in small quantities throughout the day. Her eyes, they're not concerned about, had a look and said just keep them clean, they expect wind chill like you lovely people have said.

In terms of the loaner in question, I'm not taking it further. I just don't have the mental capacity. I have however, shared a post on social media that has been kept factual as to the events and I've not named the person. That being said, I am keeping an eye out for her looking for another and I will make people aware as and when I see these posts and sharing pictures of my mare. She has said that she will replace my rug so we'll see if that materialises.

An update on my horse - her personality is slowly coming back (she's back to being moody and ear forward over the stable door). She's eating her hay now and scoffing her feed. She's going out in the field tomorrow as the yard has an incubation period which is understandable and good yard practice.

Thank you so much for the love and support on this everyone. It's been a heartbreaking situation but I'm just relieved now that she's home and looking chirpier.
 

laura_nash

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To anyone reading this who has a horse out on loan they haven't seen for some time due to covid, please go check it - animal welfare is a valid reason for travel. There's another long term HHO'er had to go get her horse who was in a bad way. Loaner was a trusted friend and had, had the horse some time.
 
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