Livery dispute advice

sport horse

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There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.


Your horse needed a few stitches and pain killers but the vets bill came to more than the excess of your insurance policy ie over £500. I would be having a word with your vets!
 

Lb071

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Now for a further confession having not expected such a strong response. I am actually the owner of the gelding. I am terrified I am going to be taken to court having received a letter from the owner of the mare asking me to continue to pay or she will contact her soliscitor.

I had agreed to pay for a quiet life whilst on the yard, in the meantime I was searching for another yard with split herd turnout and I was utterly miserable.
A few weeks after agreeing to pay I tried to explain to the owner of the mare that it wasn’t fare for me to pay, it was an accident, I did everything I could, tests, putting him with geldings ect but was basically told I was being outrageous and I would have to live with my decision not to be a kind person. I could just about face going to the yard once a day at this point so agreed to continue to pay once more to avoid anymore tension.

Last month I found somewhere suitable and moved my gelding. I since deleted the mares owner from my contacts and stopped payments as there was no longer a need to keep the peace. In heinsite I wish I had told her before I left I wasn’t going to continue paying but I was so low and desperate to leave I just packed my stuff and went.

I just don’t know what I can do to make this go away.

Apologies for the white lie but she had me convinced I was being unreasoble. I am struggling to see clearly with all of this.
 

eggs

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Assuming that you are in fact now the owner of the gelding and not the mare then no, you are not liable for any of their vet excess. However I am not a lawyer and not sure how the fact that you have been contributing to the excess would stand if the mare's owner did pursue this. If you have BHS membership then ring up and ask for a legal opinion on where you stand.

It is good that you are now on a new yard so carry on enjoying your horse.
 

whiteflower

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Unless you can prove negligence (which I don't believe you can, gelded horse out in mixed herd that all owners aware of) you haven't got a leg to stand on. They probably stopped paying as they realised it wasn't their responsibility ! No wonder yards are closing , who would want to be a yard owner when horse owners like this will try and sue for horses being horses !

Good luck on your quest , I feel if you do go ahead you will be the one left out of pocket
 

whiteflower

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Now for a further confession having not expected such a strong response. I am actually the owner of the gelding. I am terrified I am going to be taken to court having received a letter from the owner of the mare asking me to continue to pay or she will contact her soliscitor.

I had agreed to pay for a quiet life whilst on the yard, in the meantime I was searching for another yard with split herd turnout and I was utterly miserable.
A few weeks after agreeing to pay I tried to explain to the owner of the mare that it wasn’t fare for me to pay, it was an accident, I did everything I could, tests, putting him with geldings ect but was basically told I was being outrageous and I would have to live with my decision not to be a kind person. I could just about face going to the yard once a day at this point so agreed to continue to pay once more to avoid anymore tension.

Last month I found somewhere suitable and moved my gelding. I since deleted the mares owner from my contacts and stopped payments as there was no longer a need to keep the peace. In heinsite I wish I had told her before I left I wasn’t going to continue paying but I was so low and desperate to leave I just packed my stuff and went.

I just don’t know what I can do to make this go away.

Apologies for the white lie but she had me convinced I was being unreasoble. I am struggling to see clearly with all of this.

And on that revelation 🙄

Ignore it and enjoy your new yard. You turned your gelding out in a mixed herd known by all concerned, you removed him when there was an issue.

It would have been better if you had just said that t the start !
 

Bellaboo18

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Right then. Ignore her, easier said than done I know but I really can't see her having a leg to stand on. No one can prove what went on in the field can they? I presume she had turned her mare out with yours for a while so was happy that your gelding was low risk. I think it would be easy to argue you felt bullied/pressured in to giving her the money especially as you've since moved. If anything I'd *think* you could claim. Obviously this is just my opinion. BHS helpline would be worth a call, good luck.
 

stormox

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Horses will be horses! They kick and fet kicked. Both horses incurred vets bills, each owner pays their own. Can hardly believe someone would ask someone else to pay their vet fees!!
 

Hormonal Filly

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Ignore her, as above. Are you a BHS member? They would help in this matter.

A (strange, dramatic lady) tried to get my friend to pay her vet bill, because her mare was 'seen' kicking this mare. Mind there were 11 mares turned out at once, no one else saw 'this mare kicking this mare' and my friend told her to stuff it. They both had scrapes on them.
Horses are horses.
I don't think the mares owner will have a leg to stand on, there is no 'proof' your gelding caused that injury?! It would be laughed at in court, surely.
 

jhoward

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It was an accident they happen, perhaps you should of paid her vets bill as your mare caused the gelding to get rampant.
I very much doubt your actual vets bill was as much as the excess so bit stupid to put it through insurance in the first place.
 

Mrs B

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I've had two horses kicked while on turnout in the last 10 years: 2 stays at the vets, stitches, antibiotics the works and well over £2000 in total, only some of which was covered by insurance.

Wouldn't have even crossed my mind to ask for anything from another owner!
 

nikicb

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is it still half term?! if you cannot afford 200 quid perhaps you shouldn't have a horse.

I think you need to read the latest update.

Lb - it's quite ridiculous. You have already gone above and beyond by having your horse tested. When my old mare was in livery, she was both on the receiving end of injuries from another horse (a veritable giant who barged out of his stable with the whole metal framed door round his neck which caught my mare down the flank resulting in a cut needing many stitches - I was relieved it was such a minor wound really given what it could have been and didn't even think about claiming from the other owner), and then she bit a lump out of another livery's horse's neck (she was put on individual turnout after then, but she was far more happy that way as she no longer had to control the rest of the herd - I'm still friends with that livery 10 years after I left the yard to keep mine at home and didn't even consider needing to pay).

If this person continues to harass you - then either a solicitor's letter to her, or report to local police on non emergency number. In the meantime, enjoy your horse and move on. x
 

Lb071

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My gelding did cause the injury, there is no photo evidence but it was seen by myself and others. My gelding was removed instantly and the mare was seen by a vet right away. My gelding is an old boy and had lived happily in a mixed herd his entire life, but for some reason this mare changed things. I am sorry the mare was hurt but at the same time she was egging him on. The fact the mare was back out with herd within an hour and the owner swanned off on holiday shows how minor the damage was.
Unfortunalty I am not a member of BHS so wouldn’t be able to seek their legal advice. Would citizens advice perhaps be a place to start?
I could hit myself, I allow myself to be bullied down and suffer for simply being too nice, I should never have said yes but as I did I know she will use that against me and being the type of person she is I know she won’t stop.

I simply want to enjoy my hobby, what bigger gift could I give her than removing him from the yard entirely.

Sometimes I despise the horse world and the crazies that dwell in it.
 

ester

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Do you have legal cover on any of your insurances like house insurance if you want confirmation re. liability?
 

ihatework

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OP, send her a letter back telling her she is welcome to contact a solicitor, but you will not be paying her a penny further unless a court orders you to do so. If she continues to harass you, you will report her to the police.

Then do nothing more. In the very unlikely event you do receive a letter then you probably have a legal helpline on your hone insurance.
 

blitznbobs

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Technically if you agreed to pay you are liable... can they prove you agreed to pay as this would constitute a contract I’m afraid. The duress angle is difficult to prove as you should have gone to the police at that point which is the way the courts see it .... by agreeing to pay you accepted some liability.
 

Goldenstar

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I don’t think the owner of the other horse has any need to contribute to your excess what a weird thing to expect .

Ok just read your post .
As the owner of the gelding the issue is if you have already formed a contract to pay the excess .
If you have done that then they can pursue you to fulfill that contract .
I would write to them saying there was no negligence involved and you are not responsible for her excess .
It’s then up to them to see if it’s worth trying to prove you agreed to pay it and a contact was formed at that point .
I doubt it’s worth it .
Contracts can be written verbal and implied thats a legal question .
 
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CavaloBranco

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OP, you have done all the right things by having your gelding tested and moving yards, what a horrid experience. My query is...her excess is £500 where she is forcing you to pay half i.e. £250?? Surely the total bill can hardly be much more than that amount?
I think it might be worth sending a solicitors letter telling her to jog on, I don't think she has a case at all.
 

JFTDWS

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Of all the trends we don't need bleeding over here from mumsnet, the "reverse" is right at the top of the damn list. If you want reasonable answers, ask your question honestly, and without unnecessary obfuscation.

As it is, you need legal advice. You should have some sort of horse related insurance (3rd party, at least) which may provide a legal helpline. Failing that, home insurance, or similar.
 

rascal

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It is wrong to expect someone else to pay your horses vets bills, and I hope you will have nicer people on your new yard.
Years ago I had a little cob mare on a mixed yard,and someone bought on a colt for a month or two, my mare was OK but one of the other mares produced a foal the following year. They never expected the owner of the colt to pay for it, although the owner of the place should not have allowed a colt on a mixed yard.
 
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sjdress

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This is unreal! You chose to turn your horse out with others therefore you have to accept the risk of injury! And all for the sake of £250 (which let’s face it in the horse world is not a huge amount)???!! Surely going through claims court will cost you more than this?
 

SEL

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Ignore her and she will more than likely go away. If she doesnt then she needs to put a claim in with your insurance, not you personally. So good luck with that!

That is pretty much my thought too. Just ignore her. I'd be surprised if her bill is in xs of £500 anyway - she's being a bully.

If you knew you had a rig and still turned out in a mixed herd then someone could have a good go at negligence, but if the behaviour wasn't normal then it's just part and parcel of owning horses.
 

Fransurrey

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There is still £200 of the £250 excess due.

My mare got a away lightly, stitched and pain killers, thankfully she was turned back out as soon as she had be stitched up. She was torn by a gelding serving her whilst out with a mixed herd.

The owner of said gelding was asked by the yard owner to test the gelding to see if it was fully castrated which was the case.

I believe I have a good case and want to take this further on the condition I am likely to win.

Unless the owner of the gelding knew that he was a rig/likely to perform this behaviour, I can't see how she was liable or negligent. You've said yourself she agreed to test her horse and it came back negative, so it's just normal behaviour. Gelding doesn't miraculously take away every urge. My own gelding has mounted mares in the past, but my friend held his balls in her own hands when they were chopped off. I am just careful which mare he goes out with, if any (I have my own field). Having all your conversation in writing means nothing. Even legally binding contracts have a cooling off period. Yours is nothing of the sort. I'm astonished that she agreed to pay your excess in the first place, if she also had vet fees.

Bear in mind that YOU are the one with the entire horse turned out into a mixed herd, she could argue that you are liable for the incident, too, since she took precautions by gelding/buying a gelding...
 
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