Loan Pony Breach of Contact

XspiralX - yes the agreement is for a Part Loan not Sharer and the contract is laid out accordingly with sole use and responsibility on those days. I have found that sharers usually end up with being a dogs body when it comes to use of the horse and it is too open to arguments, something I wished to avoid. Clarity being important when you have a child like mine.

I have to say I am exceedingly sad at some of the responses to this thread, I posted in good faith to hopefully get advice on how others who have perhaps been in a similar situation have dealt with this type of potential conflict to nip it in the bud but instead the responses have for the majority been disappointing.

My child thrives with this particular pony she is trust worthy and he has a great bond which is really aiding his Autism and has given me some hope for my sons future. She will be a very sad loss.
 
Hi, I know you say you entered into a binding contrat etc and you mention your son's problems too.
However, my advice is to terminate the contract and walk away OR accept that changes do need to be made & sort these out amicably.

Perhaps speak to a local riding school to see what they can do to help on a weekday to help you have a dedicated pony to ride, specially if its not for long.

ANY share or part loan is going to require flexibility on both sides. Horse-shows, events, Holidays, sickness, family sickness, you name it, it happens - thats life I'm afraid.

I know your son has problems (and I know how routine needs to be adhered to with these children, but equally if this is not a daily event then your son is likely to be un-noticing of which day is changed, only probably the timing - before lunch, after lunch etc). You also have to adjust HIS schedule anyway to incorporate bank holidays etc, so I do think you need to be more realistic.

Please don't put your son's needs for 2 days a week so much of a priority that it sours YOUR choice of what he is doing.

Good luck.
 
I see where you are coming from OP but as I say, when 2 children share one pony you CAN'T be totally rigid - it's unrealistic.

If you need such rigid routine then you are VERY unlikely to find it by sharing/part loaning.

You would be better getting your own and having a working livery or something for the days when you can't get to the yard.

Unforunately that's the only way you will have full control over this.
 
I do understand your complaint about the pony being used more now the fine weather has arrived, but its in the pony's interests to work more during the grazing season, as is a week at PC camp.
Because your timetable is so limited and your child's needs specific, perhaps the mistake you made was in going for a share. Its a cheap way of getting a horsey fix without the commitment and cost of ownership. Shares only work when both sides are flexible and the relationship between owner and sharer is as vital as finding the right pony.
Its not right for you and threats with legal action will hardly endear you to the owners, so look for another solution.
 
Can't help but agree with the above. Threatening legal action is only going to stop you getting another share anywhere around your way, word will spread. Also, not really sure what you hope to achieve from legal action, all the owners are going to end up doing is giving you notice, you'll end up ponyless & I'm sure any solicitor, lawyer, judge is going to think you are wasting their time as I can't see them ever forcing the owners to let you have her when you wish & the most you are probably going to get is some money back.

While I understand how frustrating it must be, there has to be some sort of flexibility with these things & unfortunately I would also be showing you the door if all you bleated on about was "your rights".
 
i have to say that i'm surprised you're using your sons condition as a bargaining chip in this dispute. whether he's autistic or not. the situation isnt working for you. i dont think its right to bring it in to play and say that they have to give you this that or the other, or deny their own child anything when its their pony, just because you think your child must have that one.

if the situation is no longer working for you, there are plenty of others out there for you to share, that your child will be just as happy to spend time with. this conflict is about your schedules conflicting, which in that case, find someone to share with who doesnt conflict, or, if he has to have that rigid of a schedule, buy your own, and you wont have to worry about it.
 
I can see both sides of the coin here.

You have an owner who has got a part loaner with a very specific contract with said loaner about days etc. But also wants a bit of flexibility within this contract perhaps not the most polite in the way of notice.

Then there's a loaner who has again signed a specific contract and is paying and sticking to this contract and trying to be flexible when they can.

I don't think either are particularly wrong in what they would like, although I do think the owners have been a little rude on things like telling the loaners what they would like/ or what's going on.

I can understand OPs frustration on that part but I do feel your a little unrealistic with this situation. Legal action will do nothing apart from making your life harder, life isn't very fair at times and even the most well written contracts don't mean it's plain sailing..

We have only heard OPs side as well so don't want to outwardly judge the owners choices.

At the end of the day OP if your not happy move on. As irritating as that would seem sometimes it's for the best.
 
So is it acceptable for the owners of this pony to turn up at 11am in the morning with their child and friends children in tow, see that I have with my son brought her in as usual, groomed her, tacked her up ready for a ride and lesson only to have them take the pony with my child standing there hat on totally lacking in any understanding as to why someone else is riding?? And where we are literally forced to either watch or to go home??

I am not asking this purely because of the Pony Club week or the odd change in date but because we have literally reached the end of our tether.

As others have suggested I think relinquishing this pony will be what will happen but I had hoped a letter to remind them of their responsibilities with regard to their contract would suffice. Given the response on here I can only assume that most horse owners are just looking for a cash cow.
 
Would a polite chat with the owners not work? Explain more about your sons problems & how change in routine upsets him.

It's not the whole problem that we all have an issue with, it's the fact that you seem to have a big thing about "your rights" which is going to annoy anyone. An adult conversation without mentioning "your rights" could be a good start. If not then I would tell them you are fed up & giving notice.
 
well the only way this can be resolved is by speaking to the owners, if you are unable to come to an agreement that you are happy with then I would probably suggest that booking lessons at an RS would be a better solution, as then you would have the more definite times req

eta a legal letter is only going to end up with bad feeling and a termination of the loan by the owners.
 
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What you have said there is completly unacceptable of the owners.. But again if their really not bothered about doing this to you i doubt very much a letter will change anything.
 
I have already tried that and it was all very pleasant until the next time they decided they wanted to ride. Needless to say they took no care for the pony beyond getting on its back I still ended up untacking, grooming, feeding and putting her out to pasture something I usually enjoy doing with my child after his ride as I do feel it important to teach that if you are going to ride you must also care for a pony. I sent my own child home.

Riding lessons are great thank you for suggesting but they do not teach care skills and with a child with Autism they are not always easily accepting of strangers or busy yards. As I said this situation was ideal for us and I have to say I thought it too good to be true when I found her and the set up available.
 
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Most children ride more in the summer, most PC rallies, shows etc take place in the summer both shares did not think a head when they formed the contract, and as we are dealing with children and animals flexability is a must.
You may like the response to your question but unfortuately most people with chidren and ponies would give you the same answer. Yes you've signed a contract but they unless they are business what damages are you likely to get.
My daughter shared her horse one year, it worked well for us as I told the sharers they could have her any days in the week and one day at the weekend but I would have been pretty peed off if they said they didn't want her to go to a PC rally just because it took up more days at the weekend , but if they had booked a competition we would not have said 'no because I want to go for a hack'
There are lots of nice old brood mares looking for a home I would spend my energies looking for one of those and move on.
 
Well there isn't much else you can do. I don't see threatening legal action would help or change anything, you would just be shown the door.

You either need to find a pony on full loan or go to a riding school where things are more business like.
 
OP - understand your issue when you have child with special needs.
I would recommend buying your own.

We did this when my daughter was small. To help keep the pony worked, and also because i didnt have much time, we put the pony on working livery at a local riding school. They also understood, that if we wanted to go to shows etc during the summer months as long as we gave them notice that would be fine.

We did this for about a year until we realised my daughter was addicted enough to do it full time.

Please dont go down the legal route, regardless of who is right or wrong, you will be the one who gets a reputation for being difficult.

Good luck
 
Actually I think OP has a very valid point. Owners can't have it all ways. They agreed to give up a specific amount of use of their pony in return for financial and practical benefit. A contract of these terms was agreed and signed by both parties.
If their requirements change that's tough. They can discuss alterations with their part loaner but must accept that this may not be possible.
If people said what they meant, and meant what they said, and stuck to their word, never mind a contract I think the world would be a better place.
Years ago our local riding school had part loans on many of the ponies. You had you day or days agreed and that was that. Any changes could be mutually agreed but otherwise were rigid.
If a show or fun ride fell on your day that was great, if not, so be it.
I personally think these owners should either care and pay for their pony entirely, or show more respect for the contract they signed with OP. Can't have their cake and eat it.
 
OP, I'm afraid that even though I totally understand where you're coming from here I don't think you can actually win in this situation.

I would suggest your best option is a quiet coffee with them where you can express your and your son's disappointment about recent events.

Legally yes you both signed a contract but legal action will not give you back the agreement with the original terms being enforced. It will simply get you given your notice asap, possibly with some cash back if you get a very understanding judge. Word would then spread and as others have said, you wouldn't be able to get another pony on part loan in your area.

It's harsh and unfair but it's life. I agree things could have been done differently and I wouldn't treat my own sharers that way but realistically there's very little you can do about it, legally or otherwise unless you're prepared to sit down with them and discuss it.

I wish you the best of luck with it.
 
Ok, so you go to a solicitor and take some action... they write to the owner with their blurb. Now, what do you want to happen after they have read the letter? What do you think will happen after they read the letter?

What you want to happen and what probably will happen will be worlds apart.

So what would you like to happen and what do you think will happen?
 
This is so sad. The owner seems to want a sharer and full use of the pony. Unfortunately I expect if you don't agree they can give you notice of the contract. I think you are on a loser as they own the pony. Such a shame .Tell them of your problems then sort out between yourselves
 
This is not a loan. Loaning anything does not involve an exchange of money. This is hire of the use of the pony. The contract is not working for either party and should, in my view, be terminated before things get acrimonious.

OP how far in advance did you hand over any money? If it was not more than a month or so, I would just cut your losses and take your boy to RDA lessons if you have one locally until you find a quiet little old pony for him to love all to his ownsome.
 
I think you are being treated appallingley by the pony owners but I cannot see there being a good outcome for you. From what you have written they have no consideration whatsoever about the contractual obligations, the thought they would turn up and take the pony when it was so clear you were getting ready for your son to ride is beyond my comprehension. I cannot believe they could be so cruel to a small child, autism or not and are obviously not teaching their own children a very good lesson. They either part loan or they don't, if they have a contract then they should observe the conditions of the contract or ensure they write in flexibility. OP, if you take legal action what will you win, is it really worth the hassle.

The riding school suggestion was a good one if you think it through. It could be that if there is a small school locally, with a suitable pony, they may enter into a similar agreement with you, where you can do the care thing too. They are often quiet through the week and the work you do will hardly be taxing to a fit pony. I really hope you can either sort out with the loan pony owners for them to give some regard to your contract or find an alternative way elsewhere for your son to be able to ride.
 
three months fees in advance. Originally it was one month but as our situation was unusual they asked for three months which I agreed with and have paid. I paid the last three months two weeks ago.
 
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How much do you pay. The pony owner is on a good thing by the sound of it. You will just have to say no to them and if they want to finish the agreement they will have to give you your money back. Very sad
 
Nfp20 said:
So is it acceptable for the owners of this pony to turn up at 11am in the morning with their child and friends children in tow, see that I have with my son brought her in as usual, groomed her, tacked her up ready for a ride and lesson only to have them take the pony with my child standing there hat on totally lacking in any understanding as to why someone else is riding?? And where we are literally forced to either watch or to go home??
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In fairness that would have had me hopping up and down on the spot.
OP if I were you, I would terminate the agreement (I assume you give one months notice) and request the other two months money back.
Then go and buy your son his own pony and perhaps get yourself a sharer/part loaner to help you out with the time and money issues.
Given the amount of bad loaners out there I am suprised at the lackasdaisy attitute they are showing for what seems to be a responsible loanee.
 
Yes, you have been treated unfairly OP. You are paying for sole use of the pony two days a week. For the owners to turn up on one of your days, when you have brought the pony in for your son to ride is unacceptable.

However, the threat of legal action will not endear you to anyone. As others have said, what do you want to achieve from that? You really won't be doing yourself any favours, and the threat of legal action for a breach of contract on a part share of a pony is a little like using a sledgehammer to crack a nut.

Perhaps getting your own pony and getting a sharer in a few days a week is the way to go? You will get the days you want, you will get help on the days you can't manage, and another child gets the oportunity to experience riding and caring for a pony when they might not be able to afford their own.

Have you advertised in tack shops etc to share a pony? I have a little pony in with my two at the moment, cracking little lead rein pony who is a field ornament at the moment and we would happily let someone share him to give him something to do other than stuff his face! There must be someone in your area with an outgrown pony who is a companion for larger horses who wouldn't mind a little boy enjoying it :)
 
I would terminate the agreement citing breach of contract on their side and demand the return of 10 weeks of your money.

From what you have tried already with the owners, who are taking the mickey, this is never going to work out, so you need to withdraw before your son becomes any more confused.
 
works out as £75 per week (£25 per day) so we pay approx £325 per month £975 for 3 months give or take a week or two.

So its not cheap but its not expensive either given other loans that I saw available. We also brought hay, feed, replacement buckets, winter rugs, reflocked their saddle but also brought our own fitted tack etc that were not part of the agreement but which I felt was a fair additional contribution. We don't use their grooming kit I raided my old one and replaced a few of my brushes and kit plus a starter grooming kit for my son.

Obviously riding and safety equipment and insurance is our own responsibility.
 
Nfp20 said:
works out as £75 per week (£25 per day) so we pay approx £325 per month £975 for 3 months give or take a week or two.

So its not cheap but its not expensive either given other loans that I saw available. We also brought hay, feed, replacement buckets, winter rugs, reflocked their saddle but also brought our own fitted tack etc that were not part of the agreement but which I felt was a fair additional contribution. We don't use their grooming kit I raided my old one and replaced a few of my brushes and kit plus a starter grooming kit for my son.

Obviously riding and safety equipment and insurance is our own responsibility.
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I have no experience of sharing/loaning, but that sounds rather expensive !!

Is that the going rate ??

If it is might consider sharing all mine, would be quids in ;)
 
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Nfp20 said:
works out as £75 per week (£25 per day) so we pay approx £325 per month £975 for 3 months give or take a week or two.

So its not cheap but its not expensive either given other loans that I saw available. We also brought hay, feed, replacement buckets, winter rugs, reflocked their saddle but also brought our own fitted tack etc that were not part of the agreement but which I felt was a fair additional contribution. We don't use their grooming kit I raided my old one and replaced a few of my brushes and kit plus a starter grooming kit for my son.

Obviously riding and safety equipment and insurance is our own responsibility.
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My god - they are taking the biscuit!

You could keep your own pony on DIY livery for half that and find a sharer to help with the costs too.
 
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