legal or not

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tilly4

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last autumn i found a home for my horse that id got out of racing, i gave him to them on the condition that if they didnt want him they were to let me know and i would find him another suitable home sadly this was a verbal contract and no money was exchanged for him, she gave him to her cousin who i know really well so i didnt make any fuss as i knew she was capable of looking after him but a few months down the line and shes pregnant and my horse as been moved on , i asked her if she still had him and she said shed found him a home in nottingham, i then asked her for the ladies name and number and shes isnt replying , is there anything i can do to find out where he is , if the home hes in is suitable i wouldnt want to take him away but i just need to know hes in good hands ?
 
Unless you have anything in writing then I would say no (but I'm not an expert) Stay calm and try to get the contact details of his new owner, at least that way you can stay in touch. Hope it all works out for you.
x
 
Without a written contract i dont think there is much you can do. Have you told her that you just want to know he is safe?
 
I think legally for the horse to have changed hands there needs to be something in return, even if it's just £1, if she didn't give you anything for the horse then legally it's still yours, can anyone confirm?
 
I don't know about legally but just ask the cousin (since you said you know her really well) if she checked out the home and thought it was suitable. Just explain how you feel and maybe she'll be able to reassure you, and possibly give you an e-mail adress so you can just check that everythings all right.
 
i have since, been in contact with the second lady (the one i knew well) and she says that the lady who now has him dosnt want her details giving out to anyone so i cant get intouch with her so i asked her to give her my number so i can speak to her and put my mind at rest and i would just like a few photos from time to time, im only interested in his welfare.
 
if you were/are interested in his welfare you should have had a written legal agreement before you GAVE him to the initial home.. he is now in his third home since last autumn so i doubt you will now have any claims over him. you can only hope that the current wner/keeper will contact you but sadly i wouldnt hold out any hope.
 
ofcourseyoucan said:
if you were/are interested in his welfare you should have had a written legal agreement before you GAVE him to the initial home.. he is now in his third home since last autumn so i doubt you will now have any claims over him. you can only hope that the current wner/keeper will contact you but sadly i wouldnt hold out any hope.
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I gave him to a friend and yes i am interested in his welfare didnt want your sort of advice ' ofcourseyoucan' and for your info weatherbys say he hasnt changed owner ship since me !!!! Dont need to hear what i should have dont , only want constructive advice .
 
tilly4 said:
weatherbys say he hasnt changed owner ship since me !!!!
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Maybe you should ask the cousin to point this out to the lady who now has him? I have no idea about the legal aspects when there is no sale contract, but the current 'owner' might want to discuss the implications of him still being registered to you?
 
So if no money exchanged hands, there was no contract, no receipt? and the passport is still in your name. Just a verbal agreement? It would be hard for any of the 3 new owners to prove legal ownership of the horse. Just their word against yours :confused:
 
Is he microchipped? If the passport hasnt changed you should flag it on NED Online and with the passport office, then his passport cannot be changed and no one else can be the legal owner, ever. If he is microchipped then no one can obtain a new passport for him, but some people arent bothered if they have a passport or not.You could warn your cousin to contact the lady who has him now and ask her to warn her that you are flagging him as missing on loan unless she contacts you and you can get a proper contract sorted for her to loan him.
 
You state that you gave him to them. Therefore you have given him to them and because you have trabnsferred ownership to them they can do whatever they want to.

If you had loaned him with a legally enforcable contract then this would have been a different matter.

Unless they wish to co-operate there is very little you can do.

You could ammend your horses record on the www.ned-online database of all passported horses in the U.K. and mark it so that any future owner gets in contact with you. Being an x-racer he will be microchipped.
 
You 'gave' the horse to someone.....in my mind that means they can do whatever they want with it. There is no obligation at all to give you the current keeper/owners details and she is well within her rights to refuse.
 
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