loanee refusing to pay to return my horse

[minx123holiday]

Advice needed,
My horse is currently on loan and now the person who has him has stated she no longer wants him, and is refusing to pay to send him back to me as per agreement.

Is there anything i can do without involving a solicitor?

 

[LaurenM]

If it were me I'd collect my horse myself :/

 

[spike123]

I would think it would be rather costly to pursue the amount involved. I would think it would be easier for you to arrange to collect the horse yourself too.

 

[minx123holiday]

think i will need too, turn up unanounced but i will also be angry in having to do this. It is all in the agreement but she point blank refuses

 

[Silent Knight]

If you have a written agreement stating she should pay the cost, I would tell her in writing that that you will collect the horse and she can pay cash on the day or you will invoice her with the cost.

If the invoice is not paid, you will take her to the small claims court and she will be liable for the cost of transport and the additional court costs.
Should work unless you have moved further away and then she could contest.

 

[Meandtheboys]

Not sure why they are giving loan up but it might be a financial one so can't afford to return your horse - if it were mine I would definitly go pick it up!!

 

[Goldenstar]

just get your horse back PDQ

 

[Miss L Toe]

Make sure you have arranged to pick horse up with the YO, then when horse and tack is loaded, spill the beans.
This is one reason I would not let a horse go away without a deposit.

 

[LaurenM]

I'm confused - she wants to return your horse yet you want to turn up unannounced...I don't see why it can't be amicable. People's circumstances change. Mark it up to experience - at least it won't be at the detriment to the horse.

 

[MiJodsR2BlinkinTite]

OP you don't say how far away your horse is from you and what travelling costs are involved, BUT I know blimmin well what I'd do if it was my horse. If the loaner is quibbling about just one aspect of the loan agreement then that would be enough for me to get him back PDQ.

I had a (sort of) similar experience; I put my boy out on loan; and the loaner basically hadn't done her sums and five weeks into the loan she said she couldn't afford it anymore and could I take him back please. She'd basically defaulted on the livery payments; and to save embarrassment I paid for his livery from the date on which she'd informed me that she wanted to give the whole thing up, until I could get him back to my yard (had to build another stable!!! - hence the delay).

So I went up and collected him myself (friend's lorry, I paid for the diesal). Better that IMO than to leave your horse in an unsatisfactory situation.

 

[Fantasy_World]

I would arrange it with the loanee to be honest as well, especially if they have the horse's passport as that will be needed back to remove the horse.

 

[Tammytoo]

You could collect the horse yourself and then pursue her through the Small Claims Court for the cost involved.

If you ring your local County Court they will explain the process.

I think your priority should be to get your horse back, so I would inform the loaner (in the presence of a witness) that as she is unwilling to return your horse as per contract you will be arranging to collect the horse.

Once you have your horse safely home, you can then decide whether to go ahead with the Small Claims action.

 

[LaurenBay]

Why do you have to go unanouced? Arrange to pick your Horse up and take an invoice with you. If it is written in the contract you could force her to pay, however that will probably cost more then the Horses travel expenses anyway. I would collect Horse and chalk it up to experience

 

[minx123holiday]

i would never ever loan again! you carnt trust anyone, since she has had him 4 months only his weight has dropped he has ringworm he is living outside when i was told he would be stabled at night i am so angry that someone could do this to him.

 

[minx123holiday]

good idea its principle more than anything not the money!

 

[Stinkbomb]

Then i wouldnt be quibbling about any money... id have gone and got him yesterday

 

[MiJodsR2BlinkinTite]

OMG. Just get him home PDQ and worry about the rest later.

As soon as you get him back to your yard, get your vet out and ask him/her to make a full assessment of his condition and recommended treatment, THEN send an invoice to the loaner asking her to please settle the account in full within say 28 days and also any outstanding amounts such as transport costs. Then if she doesn't, say you'll go to Small Claims.

Though unfortunately, it may cost you more than its worth to do so - that's the problem. Sorry can't be more hopeful for you. But think you have to get your boy back ASAP.

I'd never loan again either. My boy was sent off with a lovely full mane and tail even though he's got sweet itch; within a fortnight his mane was rubbed bare coz someone "forgot" and turned him out without his sweet-itch rug. Not amused. He's back at my yard now and I'll NEVER let him go out on loan again, so sympathise with you OP.

 

[Miss L Toe]

i would never ever loan again! you carnt trust anyone, since she has had him 4 months only his weight has dropped he has ringworm he is living outside when i was told he would be stabled at night i am so angry that someone could do this to him.

People who want something for nothing will say anything.......................,

 

[flowerlady]

I'd get my horse back first, then do as someone suggested get the vet out when horse is back and fully checked. I would then take to small claims court if your sure you'd win (ie you have a water tight contract) the court costs will be addedto their bill. Here's a guide to the costs

http://www.howtotakesomeonetocourt.info/joomla/small-claims-court-fees.html

 

[flowerlady]

Forgot to mention I have taken a company (years ago) to the small claims court and won. I didn't attend and apparently neither did they. I wrote it all down. A cheque arrived from the court a week later including all costs

 

[Meandtheboys]

i would never ever loan again! you carnt trust anyone, since she has had him 4 months only his weight has dropped he has ringworm he is living outside when i was told he would be stabled at night i am so angry that someone could do this to him.

confused.............surely you should have terminated the contract and collected immediatly - no idea why you are quibbling over travel costs

 

[pixiebee]

agree with others, just go get him back. It will cost more to take her to court and could take ages anyway. She should have stabled as agreed but in ll honesty, I dont think the horse having ringworm is her fault, it is one of those things.

 

[Natz88]

i would never ever loan again! you carnt trust anyone, since she has had him 4 months only his weight has dropped he has ringworm he is living outside when i was told he would be stabled at night i am so angry that someone could do this to him.

If this is the case, sod the contract I would be collecting my horse asap. Just put it down to bad experience. Hope you get him home soon!

 

[JingleTingle]

Really finding it hard to sympathise with you - You state that you KNOW your horse has lost weight, has ringworm, is living out when you stipulated he was to be stabled at night. Instead of arranging to pick your horse up at the soonest opportunity you are on here quibbling about the loaner not reimbursing you for the cost of transportation.

So who is concerned about the horse here -nobody by the sounds of it.

 

[minx123holiday]

the agreement was for her to have a year loan so could could save to buy him, she has decided she will keep him for her pleasure in the summer than get rid at my cost the cheeky cow! whats amicable about that?

 

[minx123holiday]

thanks for ur advice

 

[JingleTingle]

the agreement was for her to have a year loan so could could save to buy him, she has decided she will keep him for her pleasure in the summer than get rid at my cost the cheeky cow! whats amicable about that?

Oh for heaven's sake, yet another they said, I said - if you care about your horse just go and get it home. the loan has backfired, learn by it but dont let your horse suffer from it?

 

[dunkley]

the agreement was for her to have a year loan so could could save to buy him, she has decided she will keep him for her pleasure in the summer than get rid at my cost the cheeky cow! whats amicable about that?

I don't quite understand this. You said she has had him for four months - that would be October, November, December and January. Hardly the Summer. That notwithstanding, you sound more upset that she wants to send him back than for the welfare of your horse. Get him back, sort him out, and stop worrying about who's diesel it is.

 

[FionaM12]

I'm another who feels increasingly sorry for this horse and thinks your story's a tad confusing.

 

[Stinkbomb]

the agreement was for her to have a year loan so could could save to buy him, she has decided she will keep him for her pleasure in the summer than get rid at my cost the cheeky cow! whats amicable about that?

So if she'd have come with the money to buy him would you be complaining? Even though he's not being looked after? If i was you id be happy my horse has had a lucky escape at being sold to an unsuitable home, id be going for him asap and put the whole thing down to experience not worried about the cost of picking him up!!!