Legal Issues with horse

So, if you take up one of these furniture store offers of "buy now, pay 2013", get your sofa home, use it... you can change your mind and send it back in 2013 and you won't be obliged to pay.
 
SarahRicoh said:
There is no wriggle room, maybe if you learnt to put your arguments across in a better way people would listen. I asked for advice. She cant take me to court as its not feb... End of
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If that is the agreement that is in place come February she most likely will take you to court. And when refeing to her not being able to take the pony back I was referring to if you still wanted it come feb and tried to pay for it.

Verbal contracts are hard to prove, considering the fact that the only witness is your friends he may well try to take you to court for the money earlier. Unless you have any other form of proof. She could say you agreed to pay be end of November, at the end of the day your friends not going to say your lieing in court, so it will be your word against hers.
 
I have to say I agree entirely with CPTrays, you agreed to buy the animal, pay for it at a deferred date and that was the contract. If you don't pay then you will be in breach of contract and the seller will be able to take you to court to get the money. All quite simple really.
 
SarahRicoh said:
My reasons for giving the pony back are nothing to do with its issues and the owner agreed to take her bac when I explained my reasons (Which dont need to be said on a public forum) so for all of you saying im trying to wriggle out of it.. If I was I wouldnt have taken on the pony in the first place..
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SR I am very sorry that your situation has changed so that you don't feel that you can keep this pony.

But that does not mean that the previous owner has to take it back, I'm afraid.

I'm sure that you wouldn't have taken the pony on in the first place if you had known that your own situation was going to change. But you have her and she is your responsibilty.

My advice to you would be to get a copy passport straight away and put her up for sale and when you have the money use that in February to pay the money you owe to the previous owner. Make sure that you write a letter to the previous owner to tell her that you are going to do, just in case she is bonkers and suddenly claims that you should not have sold her.
 
Tinypony said:
So, if you take up one of these furniture store offers of "buy now, pay 2013", get your sofa home, use it... you can change your mind and send it back in 2013 and you won't be obliged to pay.
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Summed it up better than I could!

Sarahrichoh - Instead of seeing your backside at cptrayes saying things like 'where have you gotten these so called facts from???' Where have you got YOUR facts from!? Only solicitors can write legally binding contracts - BS. You're getting up in arms because you know you're in the wrong and instead of getting the help to wriggle out of this one, you're getting answers you didn't want.

You BOUGHT this horse. You had a CONTRACT to PAY by Feb. Horse is still YOURS. Whether old-owner gave you passport or not, that is NOTHING to do with whether you own the horse. Whether her not giving it to you is a crime or not.

Her taking it back would be a good will gesture and she has no reason to do so other than wanting to help.

I'm sorry that circumstances have changed but these things happen and this isn't the old owners problem/responsibility. I'd sell it on and use the money to pay the old owner what you owed her.

Good luck :)
 
SarahRicoh said:
Because as her 'keeper' I should have her passport. Passport goes with the pony otherwise I cant travel her, I cant vaccinate her and I could be fined
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Passport has nothing to do with the legal matter of whether the horse is yours or not. Get the passport and Pay for pony. Then do as you wish with pony, whether that is reselling. Lesson learnt. Simple.
 
There is no need for anyone to be rude.. I came on her for advice not abuse. As said above I would not have taken pony on if I'd have known situation would change. I just thought that as I hadnt paid and didnt hold passport I didnt own the pony and as she agreed to take it back I was just a bit confused as to where I stood now... I thought that the sum had to be paid for the horse to be bought... If thats not the case then fine. I will sort out the passports and keep the horse
 
Cptrayes - the horse was kept at the same place I bought it from on livery with the view it stayed there until it was paid off if I wished to leave.
 
SarahRicoh said:
There is no need for anyone to be rude.. I came on her for advice not abuse. As said above I would not have taken pony on if I'd have known situation would change. I just thought that as I hadnt paid and didnt hold passport I didnt own the pony and as she agreed to take it back I was just a bit confused as to where I stood now... I thought that the sum had to be paid for the horse to be bought... If thats not the case then fine. I will sort out the passports and keep the horse
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No one is intentionally being rude, we're trying to make our answers very clear even though they're something you (obviously) didn't want to hear.

I'm sure this situation with the old owner will be sort out with a bit of talking. Good luck.
 
TinselCat said:
No one is intentionally being rude, we're trying to make our answers very clear even though they're something you (obviously) didn't want to hear.

I'm sure this situation with the old owner will be sort out with a bit of talking. Good luck.
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This. I'm generally straight talking anyway which can come across as rude unintentionally. Was just trying to make things clear. And I'm studying to be a lawyer, nearly done thankfully, so know the general rule of law. But if you want expert advice go to a solicitor.
 
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Kate88 said:
Cptrayes - the horse was kept at the same place I bought it from on livery with the view it stayed there until it was paid off if I wished to leave.
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Well that was legal then, I just didn't want other people to think a passport could be withheld just because a horse had not been paid for.
 
SarahRicoh said:
The ponies issues have nothing to do with me giving it back... I honestly dont care what you think about me. You dont know me and your judging totally unfairly so carry on. I have paid for the ponyb and sorted her out far more and shes had a better life so far than ever before. Maybe if theyd broken in the pony correctly to start with and realised it was in foal as well as sending it off to awful people to be 'rebroken' they wouldnt be having any of these problems. Shock horror the 'nice,honest owner' could have actually paid for it to be rebroken rather than sending it off to people and now trying to palm off a ruined pony who could be classed as dangerous. A lot of people wont take on a pony that rears. You should be greatful that I have and saved her from getting put down
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I agree with the others im afraid - what you need is a solicitor. CAB might be able to help you, or the BHS if you are a member.
Bit confused by the bit Ive highlighted above though - one minute you are saying you have a contract (be it verbal or written!) saying you dont have to pay until Feb, the next you have put that you have paid???
 
Racergirl said:
I agree with the others im afraid - what you need is a solicitor. CAB might be able to help you, or the BHS if you are a member.
Bit confused by the bit Ive highlighted above though - one minute you are saying you have a contract (be it verbal or written!) saying you dont have to pay until Feb, the next you have put that you have paid???
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I volunteer at the CAB, you would most likely be sent to a solicitor.

Or you can always take a look at www.adviceguide.org.uk
 
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Some once sent a horse "on approval" to a well known event rider (you would know the name). The owner received a phone call to say that the wouldn't go ahead with the purchase and if they didn't come and collect said horse, they would let it loose on the road.

I know that this was a potential valuable animal, but maybe the event rider had been messed around int he past. Luckily the horse found a really nice home later.
 
ChristmasSparkles said:
Ditto AmyMay. You signed saying he/she would be paid for my Feb 2013...it's not her problem you now can't I'm afraid.

Passport isn't proof of ownership, and even though it's quite right it should stay with the horse, I can understand her not giving the passport away until the horse has been paid for completely.

I see you have two options, both of which involve paying for the horse unless she comes to an agreement otherwise. Whether it being you keeping him/her and paying for him/her, or selling him/her and giving her whichever money amount she wants for him/her.
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^^ This. The passport means diddly squat as regards ownership.
 
This thread is irrelevant now but I dont know how to delete it. It has been sorted, pony is mine(although I have paid nothing) and I now have passport copies. I have to pay for her by feb/march. Im not giving her back. Thanks for all your advice :)
 
Glad its all worked out for you. The dealer sounds very genuine in letting you take the pony without a deposit and for then gifting it to you.
Do hope the pony settles down and you both enjoy a good partnership.

Oops, sorry, I see you still have to pay but now have the passport. Will go get my glasses.
 
SarahRicoh said:
This thread is irrelevant now but I dont know how to delete it. It has been sorted, pony is mine(although I have paid nothing) and I now have passport copies. I have to pay for her by feb/march. Im not giving her back. Thanks for all your advice :)
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How did you manage to resolve the issue?
 
Blimey, a thread where I have been in agreement with CPT from start to finish :eek: :p

OP, So do you still have to pay for the pony by February, as originally planned then?
 
Thankyou. I left the owner for a while then just asked to talk about it. I only asked her to take pony back as in my eyes she wasnt mine but as she said she was I explained that I'd keep her, yes I have to pay but shes given me slightly longer
 
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