Worried1
Well-Known Member
OK - I think I could be in a very tricky situation.
Maddie has been on loan to a small private stud for 3 years, I did offer the option for them to buy her at £1,500 but we spoke about exchanging for a foal instead so she went on loan, in that time she has had two foals.
We had a written loan agreement and a verbal agreement that we would exchange Maddie for a foal when we had moved and were in a position to take another youngster.
We moved last year and I sent a courtesy email saying we had moved and my position had not changed - I would not like Maddie back as long as they were happy to continue to loan her. I did however say that I would like to proceed with exchanging Maddie for a foal.
After several emails we agreed that they would pay for a stud fee but I would be responsible for ordering the semen and non routine vet's fees etc.
Or I could have a Demostrator 3-y-o filly as a straight swap - which was later advertised in H&H for £4,000. I declined the offer of the filly as we have a yard full at the moment.
It was during this last email that they said that on insemination, sucessful or not, Maddie would become theirs.
I disputed this and said that I would exchange Maddie on weaning of the foal for which I would arrange collection.
Since then I haven't heard anything, I have sent two more emails a text and a phone call and left a message.
I am now very worried as prior to the foal being born I was able to give notice and collect Maddie, as technically the foal would be mine, however now it has been born I think my position has changed. If Maddie stays with them till weaning I will not be able to proceed with my original plan of putting her in foal for next year but will have to wait another year.
I am happy to have Maddie back - I have owned her since a foal, but my aim was to have a foal from her next year and as I have no issue with the care she had received I was happy to exchange her, confident she would be happy and looked after.
Obviously I am going to have to seek legal help but I just wondered if anyone had any similar experiences or could advise me in the hope we can settle this rather than going down the legal route?
Maddie has been on loan to a small private stud for 3 years, I did offer the option for them to buy her at £1,500 but we spoke about exchanging for a foal instead so she went on loan, in that time she has had two foals.
We had a written loan agreement and a verbal agreement that we would exchange Maddie for a foal when we had moved and were in a position to take another youngster.
We moved last year and I sent a courtesy email saying we had moved and my position had not changed - I would not like Maddie back as long as they were happy to continue to loan her. I did however say that I would like to proceed with exchanging Maddie for a foal.
After several emails we agreed that they would pay for a stud fee but I would be responsible for ordering the semen and non routine vet's fees etc.
Or I could have a Demostrator 3-y-o filly as a straight swap - which was later advertised in H&H for £4,000. I declined the offer of the filly as we have a yard full at the moment.
It was during this last email that they said that on insemination, sucessful or not, Maddie would become theirs.
I disputed this and said that I would exchange Maddie on weaning of the foal for which I would arrange collection.
Since then I haven't heard anything, I have sent two more emails a text and a phone call and left a message.
I am now very worried as prior to the foal being born I was able to give notice and collect Maddie, as technically the foal would be mine, however now it has been born I think my position has changed. If Maddie stays with them till weaning I will not be able to proceed with my original plan of putting her in foal for next year but will have to wait another year.
I am happy to have Maddie back - I have owned her since a foal, but my aim was to have a foal from her next year and as I have no issue with the care she had received I was happy to exchange her, confident she would be happy and looked after.
Obviously I am going to have to seek legal help but I just wondered if anyone had any similar experiences or could advise me in the hope we can settle this rather than going down the legal route?