loanee breach of contract??

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tams

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hi i put my 13hh rising 5yrs pony (who was fit and well) on loan to a girl in the pony club friend of a friend 3 1/2 months ago all seemed well got lots of texts and calls saying he was doing well, my mare has been ill during this time and my mind has been on her, then i get told he is very fat by a friend and also by another he was pottery, i went to see him and to my horror he is obeese (411kg) with a cracked fron hoof and a huge sarcoid, try to get hold of loanees who are away on holiday for a week (they havent told me this) then a picture of my pony jumping arrives in the post and he is being ridden in a pelham on the bottom rein only no roundings or double reins, i was fuming, when she finally contacted me i said he is on the verge of lammi and needs to be put on shavings on weighed soaked hay immediatly and also needs the farrier without delay, and no more riding in unsuitable bits! we agreed i would go over in 5 days and check my ponys progress, couldnt wait that long and didnt belive she was as worried as me about him so went the next day, hes still on straw bed eating a whole bale of hay leaning over stable wall to her feed room :eek: i rang her no answer, kept rining all day in the end left a message saying loan was terminated and i would be collecting him asap, her husband then rang me and started ranting! i went the next day and collected him, put him on deep shavings bed got farrier next morning but think it may have been too late as he is very foot sore with pulses in all four :(, has anyone had any luck taking loanee to court for breech of contract? we both signed bhs loan agreement, i am very angry as he left a perfect pony in good health and has been a real confidence giving angle to her daughter and this is how she re pays him, who is going to be liable for all the bills to get him back to health? or should i just right it off as lesson learnt and hope she gets her comeupance? thanks in adavnce x
 
Same sort of thing happened to my girl when out on loan apart from she was emaciated not obese its a tricky area. I removed her immediately and payed for bills myself (she was lame as well) horses well being is more important than money.
 
my very good friend is in the same pony club and has been watching him, she sees him once a week at rallys although there was a gap of a couple of weeks without one and then she contacted me to say he was fat and pottery, then the woman went on holiday and i couldnt contact her for another week very frustrating, my pony was left in the care of the loanees father who doesnt know one end of a horse from another! we do now belive her daughter has been feeding all the ponies there hard feed (sugar beat and pony nuts!) found this out from someone else, my pony isnt the only one there who is obeese and its happened so suddenly, i do feel sorry for the other ponies there as they dont have anyone to take them away and make them better :(, belive me i have lernt my lesson! i now how 2 ponies off with bad feet and lots of vets/farrier bills
 
amymay said:
In what way is she breech of contract?
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I would assume any contract worth having would state that the pony must have a good standard of care. Condition scores at either end of the scale must be in breach of that.

In addition would it not have clauses about the vet being called, surely being footy with pulses would have warranted a call out.
 
obviously all his requirements are being met farrier/vet + what ever else he needs (at my cost), it just makes me so cross people can get away with this! the breach is she didnt look after him properly hes not in good condition and his feet havent been attended too at all, these basic requirements are set in the loan agreement, insurance was in there name so nothing ican do there and he hasnt been insured long enough since his return to claim on new policy and he will prob have his feet excluded now as he is very foot sore at mo and i will have to declaire it to insurance, its not the money thats the problem its the fact people like this can get away with it that bothers me, and there next loan pony or even purchased pony who has to suffer could be one of yours or one you know and care about x
 
well rockysmum thats what i thought and im very annoyed as all sorts of damage could have happened inside his poor little feet x
 
It must be frustrating for you. I was looking for a loan for my daughter and there just not about anymore due to people like this who ruin it for people who do look after them propery!
 
zoelouisem said:
It must be frustrating for you. I was looking for a loan for my daughter and there just not about anymore due to people like this who ruin it for people who do look after them propery!
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poor you, its very hard and this seems to be happening alot recently, i do have good experience of loans too though :) the pony has moved on now but im still very good friends with the loanee, if only there was a punishment for bad loanees then people wouldnt be so afraid to loan, good luck in your search x
 
amymay said:
Ah, so not really as bad as you are perhaps intimating....
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well i would hate to see your idea of bad news then:confused: he went on loan fit and sound and for his own welfare i had to end the loan and remove him being obeese and not sound, hes on complete box rest with suspected lammi, how on earth you could say this isnt bad is beyond beleif unless of course you are the loanee who though this wasnt a serious issue
 
Of you think he has lammi then your first port of call is the vet, as the condition is considered an emergency (as I'm sure you're aware).

So why no vet?
 
amymay said:
Of you think he has lammi then your first port of call is the vet, as the condition is considered an emergency (as I'm sure you're aware).

So why no vet?
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Am i misreading the tone of this? Or are you implying the OP is being OTT? Because to be fair, If this were my pony i'd have rammed their pelham down their throat and kicked them into next year.
 
I'm partly with Amymay, Laminitus is a medical emergency, vet out that day with no excuses.
Footy is however not and will wait a day or two presuming adequate measures are put in place prior to vets arrival ie. Bed of shavings, taken off grass, soaked hay nets etc.

Sounds like loaners not educated enough, not bad people. Why not step in before if friend was watching?
Live and learn I'm afraid, ensure loan ponies go to the right home and monitor properly.

I hope your pony recovers quickly, I've been in your shoes and blamed the loaners, only now can I accept I should have done more to ensure right home :(
 
Op removes pony for beach of agreement, claiming pony is now struck down with lammi, much to their anger etc.

So where is the vet to treat this sick pony?
 
amymay said:
Op removes pony for beach of agreement, claiming pony is now struck down with lammi, much to their anger etc.

So where is the vet to treat this sick pony?
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I might've missed it but I've only seen the OP saying suspected laminitis and foot sore. I agree the vet should be called immediately but at least the farrier was out the next day.

I don't think she's just angry because of the suspected laminitis though, and for what it's worth I'd be as livid if my horse was obese and foot sore as I would be if it came back like a hat rack. Neither is acceptable.
 
amymay said:
Op removes pony for beach of agreement, claiming pony is now struck down with lammi, much to their anger etc.

So where is the vet to treat this sick pony?
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well amymay maybe its a little late for you because at no point have i said he has lammi merly hes on the verge of it!!! the vet has been contacted and will be coming on friday as already stated (maybe you missed that too?) obviously your idea of equine care is not anything like mine as the care of my pony is not what the post is about! the post is asking if anyone has had any success in enforcing the contracts ponys go on loan with, these are signed contracts which should be legally binding or whats the point of them? as stated i lernt my lesson and wont be loaning anything out again, the care of my pony is being delt with by proffesionals! looking at your replys is better than watching eastenders and far more entertaining, obviously i will need to contact the bhs and legal helplines for the answer to my question as it seems the only replys im getting tonight is you bitching lmfao
 
Op, in your first post you say pony is footy and has pulses in all four feet. You have given the impression that you think the pony has lammi.

So, again - why no vet?
 
As for my questions. I apologise. However of you go down the legal route, its the first thing you'll be asked.
 
I don't think there will be much you can do unfortunately, just be glad you have the pony back! It does sound like they were ignorant although it's obviously no excuse! The pelham was probably a result of a rather enthusiastic pony after all that food :-\

It would have been helpful if this friend had said something sooner but they had no responsibility as part of your loan agreement so always best to check yourself.

I hope the pony doesn't get full blown laminitis :-(
 
This contract should say the horse should be given back in the same condition as given. Surely you can take legal action it is a contract I would call solicitors and see where you stand because in my eyes and welfare of the animal this is breech of contract I would be calling them first thing and seeing what can be done
 
I agree but there is nicer ways to speak to people unless she is a qualified vet , I would not like to be spoken to in that way.
 
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