Legal advice

[staceyhollins]

Horse went on loan on a 3 month trial.
Had to constantly tell her how to feed and hay etc.
Anyway she disappeared about a month ago and hasn't been seen since, my mum has been feeding with feed i had to buy as she hadn't bought feed whilst in her care.
I've also got an angry livery owner wanting money off me as she's not paid any livery.
I am going to call for legal advice tomorrow but I just can't afford this, this is why he went out on loan after becoming a single parent to a toddler suddenly.
Livery owner says I'm liable for all livery costs?
Anyone help?

 

[paddy555]

Horse went on loan on a 3 month trial.
Had to constantly tell her how to feed and hay etc.
Anyway she disappeared about a month ago and hasn't been seen since, my mum has been feeding with feed i had to buy as she hadn't bought feed whilst in her care.
I've also got an angry livery owner wanting money off me as she's not paid any livery.
I am going to call for legal advice tomorrow but I just can't afford this, this is why he went out on loan after becoming a single parent to a toddler suddenly.
Livery owner says I'm liable for all livery costs?
Anyone help?

who is the livery contract between? is there a written contract, terms and conditions that both parties signed? Is there a loan contract? if so what was the livery cost arrangement in there or did he move from your yard to somewhere else?

Clearly you are going to have to take the horse back off loan. Will he be staying with the same livery owner or moving?

 

[Tiddlypom]

You last posted about this on another thread a month ago. That's a long while for the livery owner to be unpaid.

https://forums.horseandhound.co.uk/threads/loaning-problems.817583/#post-14895915

Hindsight is a wonderful thing, but this really should have been sorted sooner.

 

[staceyhollins]

I didnt know about unpaid livery until after that post, I suspected but wasn't informed until a few weeks ago.
There is a signed loan agreement. I used the bhs one.

 

[TheMule]

If your mum has been caring for the horse then I think that counts as you accepting liability for paying the livery.
It sound like you need to sell rather than loan as this is always the risk with loaning

 

[staceyhollins]

Her horse shares the same field so she's been giving water and feed and that's it

 

[staceyhollins]

I agree I need to pay livery from today but why her debt of at least 2 months?

 

[Goldenstar]

No I don’t think you do legally if you have a contract with the person you loaned the horse to .

 

[AmyMay]

I guess you have two choices. Don’t pay, and risk being told to leave. Or come up with a payment plan. I would be paying livery from the date you took over care, ie from last month.

 

[ihatework]

Pay the bill and issue small claims to recover. Last thing you need is your horse chucking off the yard by annoyed YO

 

[blitznbobs]

I think your chances are slim to bugger all of getting any money out of this from anyone… unless your loan contract is water tight and you can find the loanee … i think it’s one to chalk up to experience and sell the horse to recoup the money.

 

[angel7]

Horse to the nearest dealer and pay your bills I'm afraid, its your horse at the end of the day.

 

[PSD]

I’ve been in this situation and unfortunately with it being your horse you’re liable unless there’s a livery contract in place. Like others have said pay it and issue a claim in the small claims court but to be honest I wouldn’t bother. Have a chat with the yard owner and let them know the situation, they may have a solution to the problem.

 

[LaurenBay]

Speak to the YO and find out if there was a contract (of course they could deny this) if there was a contract with the loaner then they would be responsible, if none, then its a hard one but he is your Horse I am afraid.

Could you sell him or was this a temp loan till you could take him back on?

If you wanted to keep then try to sort a payment plan with the YO, get a few sharers to help you cover the cost and time.

 

[Wishfilly]

I think if you were to pursue this you'd need proper legal advice- not just from a forum. And obviously there is the risk the YO could give you notice too.

Unfortunately, if you can't afford to keep your horse, it may be that the only option is to sell. I know this would be incredibly difficult, but it doesn't sound like the loan arrangement is working at all.