Livery owner gone awol. Now what do I do?

[Enfys]

The owner of one of my liveries has, it seems, buggered off and left me with a pony I don't want. Phone calls, letters and emails have all been unanswered for the past two months. Yes, I do have a contract, but it is as much use as the proverbial chocolate teapot if the owners are not around. I also have my copy of the bill of sale for the pony, so I can prove the pony is theirs.

Legally I am entitled to send the pony to auction to recoup my losses but don't really want to do this as it is a pain in the butt.

On the other hand, I have a nuisance of a pony that although she isn't costing me anything much to keep at present, will require feeding throughout the winter, needs a new rug, trimming etc, etc and isn't worth more than $500-600 as she stands now. Another month and livery owed will exceed the worth of the pony anyway.

I am not going to load her up and dump her on their doorstep (tempted as I am) as it is a 2 hour drive, and they aren't having her until I get paid anyhow, and from the lack of response they seem to have moved anyway.

What would you do?

 

[Donkeymad]

Send them a letter by recorded delivery stating that they have until X date to contact you and pay up, or you will sell the pony and keep all monies received for it. If they do NOT respond in that time, as much as a pain it might be, sell it.

 

[Moggy in Manolos]

i cant believe someone could do that, just abandon an animal, its disgusting, if i were you i would sell the pony on, i would feel in your position that it is by far the very best option for all involved, someone else might really want that pony and with winter approaching as you say the cost for you to now keep this pony will go up as it seems the swines for owners are'nt bothered by any of it

 

[brighteyes]

What is its future if sold? If it's grim, cut your losses and pts

Bill them for costs

 

[Enfys]

[ QUOTE ]
i cant believe someone could do that, just abandon an animal, its disgusting,

[/ QUOTE ]

It is common over here (Tia and Tarrsteps will vouch for that) for people to actually own a horse, and for whatever personal reasons, not see it from one month to the next.

Some people just like to be able to say "Oh, the kids have a pony, it is boarded down in so and so" These particular people, I think, bought the pony from me as a weanling last October merely on a whim. At first she stayed until Christmas, just until they got their fencing sorted, and then every month it has been "next month she'll come home"

I don't care one way or another, I look after the pony as if she were my own, worming and trimming are included in the boarding fees, and up until a couple of months ago I was being paid. Fine, if they are too busy, can't be bothered, whatever reason, it is none of my business, the pony is well, happy, healthy etc, and no-one has cause to worry. She doesn't care who feeds or handles her.

It does irritate me that I am left dangling on a limb because people know the pony will be cared for.

 

[Tia]

Yes this sort of thing is quite common over here.

Are you emailing these people? You want to have all dealings with these people in writing. I think you need to get in touch with them somehow and get them to make a decision one way or the other. I'm really not sure that you can legally proceed if you have no form of communication from them? You, as stables owner, have a lien on every horse on your property therefore you can have your lawyer draw up the paperwork to get this underway. You have to auction the pony and you have to advertise that the pony is being auctioned and why.

Personally, if I was you and you aren't making any headway, I'd email them and ask if they want to sell her back to you (for much less than they paid) minus the board costs, therefore free! Just get it in writing that they are giving up ownership of her and giving her back to you in lieu of unpaid debts.

 

[Enfys]

Thankyou for the advice Tia,

Yes, all communication is by mail and email. I have just sent them their months notice to quit, so will see if that gets any response and then go from there

 

[Lobelia_Overhill]

Is there a possibility the owner is ill, or gawd forbid dead? Me personally I'd investigate that sort of thing before taking any action ...

 

[Tia]

Well yes there is that; they may well have suffocated in the sand in which their heads are buried

. No, in my experience of living over here, I'd wager that they just don't want the pony anymore and are looking for a way out of having it.