Loan with view to buy agreement with loading dispute

flaxen

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I took a horse on loan in August with a 3 month trial in a view to buy loan for 5 yrs, I travelled to view said horse before hand and took a friend with me, I asked all the relevant questions about farrier, loading etc, she stated the horse doesnt like being on his own but I didnt realise that it had to have a horse with it at all tiimes even for grooming. I was told that he wasnt the best loader but only took about 10 mins to load, I stressed that the horse had to load into a trailer as had to load him myself with no help from anyone else, was told horse more used to load in trailer and was only about 10 mins.

The owners delivered the horse themselves in a lorry and I signed a hand written contract ( looked to be written on route) which was a 3 month trial and stated horse was to be insured and what equipment he had with him, I was told that I would recieve a typed copy to sign and send back which I never did. I never recieved the passport.

I had to move him and my others off the farm on which I was living as landlord said they werent allowed any further turnout, I had arranged to use a field a couple of miles up the road so I took my mare and dropped her off as she will load and travel for me on her own. I then returned to pick up the the pony and the loan horse to find it wouldnt load even with the pony already on board and the ramps down, 3 hours later with 3 people still couldnt get it on and was kicking out when lunge lines put behind him. Aborted as went dark and horse put back in field.

The next day after work, the horse was sedated and with 3 people and lunge lines and we even tried a blindfold it still took 3 hours to load with said horse even sitting down on one of the helpers and squashing them.

I am now moving up north and rang owners the next day and explained that couldnt load him and that I was now going to be moving and wasnt prepared to take the risk of keeping him as if he was sick then then he couldnt get to a vets as couldnt load it and I cant have a horse that wont load and he wasnt even scared.
Due to the loading issue I am taking the pony companion with me instead of the riding horse.

Owners said they would come and pick the horse up this week, I have had a call saying that they want the horse to go by transport without a passport which is illegal and I said that the transporters round by me state in their terms and conditions that horses must travel with passports and that they are not obliged to assist in loading.

I have had had a bill for sedation for loading and am loathed to pay for transport for owner to collect horse when it clearly doesnt load and have witnesses to prove it.

Because I am moving and the nights are drawing in my mare and her pony companion are going to my friends stud the next day and will share a foaling box ( she wont normally have geldings on the stud but is helping me out ) til the lorry picks them up the week after.
Does anyone have any ideas of where I stand? Any help would be greatly appreciated. Thanks.
 
Are you a member of the BHS? Gold members get legal advice/guidance.

Given that there is a three month agreement with no get out clause you might have an issue - especially if there are no witnesses/anything written re. your need to have a horse that will load.
 
Why not tell them(even if it's not strictly true) that you are moving and unless horse is picked up by x date you hereby give them notice it is their responsibility and you will be moving and direct the livery owner to bill them from then on.
Inform them you will be leaving the horse where it is.
 
Sorry I don't agree with this. If you used a standard BHS agreement then it is your responsibility to return the horse.

Explain that he will not loan without sedation.

Why do you not have the passport for him - surely they can arrange transport to pick him up, and the passport would go with the horse.
 
Thanks guys, here are the answers to the questions that you have raised.
I am going to speak to petplan legal helpline as im insured with them.

I had a friend with me when I went to view said horse and she can remember that I said that horse had to load and travel.
The owner didnt give me the passport when she dropped the horse off and the agreement was a rough hand written copy that had been done on the journey as she said she hadnt had time to do one, she said I would get a typed one to sign and sent back so I dont think it was a bhs one. My mares companion is on permanent loan and he has a bhs agreement and the hand written one was different almost of what she could remember like how much his purchase price would be at the end of the period, his value, what his insurance value was.
There was a 3 month trial period written on in case it didnt work out, which it hasnt as he wont load.

The horse was sedated and with 3 of us we still couldnt load him, if we gave him any more he wouldnt have been able to stand.

I am moving in a couple of weeks and am not staying locally so he has to go back and as my mare and the pony are also leaving the field where they are currently turned out on sunday the horse will be left on his own which they know about.
When I rang his owner the next day at the begining of the month to explain that I couldnt load him and that I was moving she said that they would come and get him.

Cheers guys.
 
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