Legal standings in this situation??

[GatefieldHorses]

Ok sorry but this is going to be long.

Basically i had a chestnut gelding i was looking to see as he just wasnt the horse for me. There was a girl on same yard who loved him and wanted him but coudnt fully afford him.
I had found a horse i wanted to she paid me half for him, and was goin to pay other half when got money.

I wrote a contract stating she had 2 months to pay other half (which gives her til 20th june), he is to be shod every 7 - 8 weeks, all vets bill etc are her responsibilty and if anything happens to him in her care she still owes the money, and he isnt to be moved off present yard,

A month into the contract she got kicked off the yard for bullying riding school pupils, being rude to yard owner and oweing around £1500 in livery costs.

After being kicked off she has basically abandoned the horse, left no hay for him, no feed and if it wasnt for us he would be in a field with not much grass on as she had abused her field, he would have no hay or feed and bearing in mind hes not a good doer he needs to be stabled in bad weather.
So we have been bringing him in, feeding, haying etc (all our feed and hay) and as far as shes concerned anything could of happened as she hasnt kept in touch.

Have also now found out she owes hay man money, farrier money...her ponies now have flippers as she cant afford farrier and owes vets money.

Now im not happy about her paying the other half of money as hes due for farrier next week and she cant afford to shoe her 2 ponies, and if he gets an injury next week how will she get a vet out??
She owes hay man money so how will she afford hay or feed? and shes been using my rugs so i doubt shes got enough money to supply rugs.

But i also cant afford to give her her money back straight away and shes now saying shes raised the other half of money and wants him which il give a good guess at would wipe all her money out so she will be broke so still no feed hay etc??

As she owes livery money does yard owner have right to keep horse until she is paid? and do we have the right to refuse other half of money and pay her back when we have it as he is still half ours??

WELL DONE IF U GOT THIS FAR

 

[Equus Leather]

I think you need to decide whether you can retain this horse or not.

She hasn't kept her side of the bargain by paying for his upkeep (even if she does have until 20th June to pay for the cost of the horse).

If it was me, I'd take him back into my ownership, pay for him to be shod and put him back up for sale. Take photos of lack of food, get written statements from yard owner re non-payment of livery bull for him etc etc. You need to prove she didn't keep her half of the bargain by caring for his needs.

Send her a letter by registered post stating that she hasn't cared for him, therefore she forfeits the payment she's already given you as per the contract already signed (though how much this will stand up in court I do not know as I assume a solicitor wasn't involved in the first contract?).

The other ponies are no concern of yours, but the YO. You only need to be concerned with the lack of care for the horse she partly owns. Actually as full payment wasn't received for the horse he's still yours I imagine...therefore you would be responsible for upkeep of him should she not (and hasn't) kept to her part of the deal.

Not a nice situation to be in, but unfortunately you probably should have seen it coming

Speak to a solicitor asap as your contract may not be worth the paper it's written on.....YO could come to you to claim back payment of non-paid livery fees...
Good luck.

 

[AmyMay]

Find the money and give it her back.

 

[_OC_]

Bl**dy Hell,what a mess!!!!!!!!!!

You have one big problem in that you have drawn up a contract,and she quite clearly will hold you to it....and judging on what you have said and told about her,it won't be without a fight!
Can you not raise the other money,quickly to sort out the other half owed to her,explaining in a calm way that at the current situation that she is in,taking on this horse might not be viable for her,as she is overly committed with her other two ponies.....TBH that would be the route I would go,as you would be constantly worried to the animals welfare!
All I can say is Good Luck,and hope it works out in the animal's favour!

 

[MrsMozart]

I'd be tempted to say that you take the half she has given you, deduct the costs of what you have paid to feed the horse, then give the balance to her (if there is anything left).

Edited because I am a numpt

.

 

[hellspells]

I *think* that if you can prove she hasn't obeyed by the contract as said above you can take him back into your ownership and she forefits the money - however you will have to prove that she hasn't provided feed/hay etc.

 

[Maesfen]

[ QUOTE ]
I'd be tempted to say that you take the half she has given you, deduct the costs of what you have paid to feed the horse, then give the balance to her (if there is anything left).

Edited because I am a numpt

.

[/ QUOTE ]

Ditto this - except the numpty bit!

I would refuse any payment from her until you know for sure her outstanding bills have been paid. If this happens before your deadline and she still comes up with the money you might be a bit stumped; you'll need proper legal advice not just us lot on here! Also, make a list of your costs so far while she's been off the planet and present her with the bill; that should be added onto her amount in all fairness to you. It might be easier to say you've changed your mind about selling him and give her her money back less what she owes for keep.
Whatever, please do take legal advice before you burn your bridges. BHS if you're a gold member would help, also CAB.

 

[gemmahodgkinson]

It is possible that the livery yard owner could have a lien over the horse because she is owed money in respect of services that she has provided ie providing livery and grazing. Therefore the person owing the money would not have their property (in this case the horse) released to them until the debt is paid.
However there might not be a lien as the horse is still technically your property and not hers.
it would be worth speaking to a solicitor in person to clarify the position.
You do need to keep in mind though that speaking to a solicitor will cost you money so it might be worth trying to sort it out between you.
if it were me i would tell her that you will pay her the money back that she has already paid within x number of weeks (why not be installments if you can't manage all in one go - that might help her to get a monthly income too) and then look for a better home for the pony?
if that fails though spk to your solicitor because it's not a straight forward situation. hope that little essay helps!