Loanee wont give loan horse back!

[Charley657]

I would not give them notice, they will only move the horse or have a group of people waiting for you. You have a contract and proof of ownership but this person isn't playing by the rules. I hope you manage to get your horse back safely, I definitely wouldn't wait long to do that.

 

[Christmascinnamoncookie]

I’d be wary of giving them too much notice in case they move/take him out on the day.

 

[Petite.promises]

When did you say you were ending the loan? That would count as the notice
period.

We first said 2 weeks ago and we've been chasing our tails ever since with what to do! x

 

[The Irish Draft 2022]

Op is there actually a way to check if the horse is still on the yard. I don’t want to scare you but do you think the person who you loaned the horse to has sold your horse . It common for horses to be stolen on loan .

 

[nagblagger]

You say your horse is 'locked up' what do you mean, padlock on field gate, stable? is it on a livery yard or their land?
I agree, speak with the BHS if you are a member or bailiffs for advice, however if someone takes and keeps something that is yours surely that's theft, therefore a police matter.?

 

[Michen]

FGS people suggesting the police are rung to be there without even knowing if necessary. What a waste of police time. Yes, if there are issues ie the loanee gets aggressive then by all means call them but please don't call them out to attend to you picking up your horse.

 

[Petite.promises]

You say your horse is 'locked up' what do you mean, padlock on field gate, stable? is it on a livery yard or their land?
I agree, speak with the BHS if you are a member or bailiffs for advice, however if someone takes and keeps something that is yours surely that's theft, therefore a police matter.?

Police said because we 'put' him there it isn't theft. It is their own land and she said he's locked up and we can't see him, there is 2 gates to the field so I'm presuming they are locked. We signed up to be a member of bhs but I can't get the legal advice number until the card comes through the post but they said it would be 10-14 days which is way to long to get advice and with bailiffs I did check they can't attend unless the situation goes through court x

 

[Petite.promises]

Op is there actually a way to check if the horse is still on the yard. I don’t want to scare you but do you think the person who you loaned the horse to has sold your horse . It common for horses to be stolen on loan .

We have driven past the land and seen him in the field x

 

[Ratface]

Well, at least you know where your pony is. Have you any idea why the ex-loaner is refusing to return your her/him? Does she have the passport?
I would be "liberating" the pony and walking down the road . .

 

[bonny]

We have driven past the land and seen him in the field x

Is he on his own ?

 

[AmyMay]

The BHS website has phone numbers on it. Just phone the Membership line.

 

[Cowpony]

Have a quiet look at the locks, buy the same ones, cut off hers and replace them with the new ones. That way you haven't done any damage

 

[Petite.promises]

Is he on his own ?

He is with another horse x

 

[Pearlsacarolsinger]

Without a contract or contact in five years I think the OP could be in a difficult position legally.

OP says that there is a contract in place and that she had plenty of contact with both horse and loaner over the 5 yrs. She has photographic evidence to prove the contact.

 

[Petite.promises]

Have a quiet look at the locks, buy the same ones, cut off hers and replace them with the new ones. That way you haven't done any damage

Trouble is entry to the land is up a stone driveway with a few houses who look over the land so I'm not sure how it can't really be done quietly

 

[Dave's Mam]

Get on to BHS Legal in the morning. As @Amymay said, the number is on the website.

 

[MagicMelon]

Unfortunately if you want your horse back you are going to have to put your big girl pants on.

In your shoes I’d get a pro transporter. Advise them of the situation in advance (so they know what they are getting into) and be prepared to provide them evidence of your ownership.

Write to the loaners. Give them formal notice. Document that they have no legal right to the horse, you will be arranging collection and have already take legal advice and spoken to the police.

Then meet the transporter there. Let the police know in advance you are going. Then if you run into trouble call them while you are there.

This. I would also ensure you are video'ing at all times too so she knows you have evidence if she starts getting abusive etc. I would get this done very urgently personally.

I had a lady take my horse on loan, I got phone calls from people on the same yard saying he was being badly treated and looked after. They said they had been abusive to other people before and were a nasty sort. I didnt need to hear anything else, I called her and told her I was picking him up the very next day. She was pretty horrified but to avoid an arguement I said I just wanted my horse back as I had made a mistake. I took my OH, drove the 2.5 hours to collect him. They were very unhappy, glared at me, mother telling me her daughter was devastated (she was sobbing in a stable), husband just stood staring at me while I arrived walked over to my horse, untied him and loaded him up. I didnt say a word to them. Horse was very fat (was a sports horse) and snaked the trailer all the way home as he was rubbing his tail so bad due to pinworm. Theyd weirdly chopped the whole centre of his tail hair out too right up to the tail bone which I never understood why... Ultimately nothing would stop me picking up a horse of mine.

 

[Sossigpoker]

Lead the horse out of the field and load him.into your lorry /trailer once you're out of sight.
Bolt cutters to cut any chains around the gates if need be.
It doesn't sound like the loaner is prepared to hand him back so just go and get him.

 

[bonny]

OP says that there is a contract in place and that she had plenty of contact with both horse and loaner over the 5 yrs. She has photographic evidence to prove the contact.

We know that now ? OP, how far away from you is the horse ?

 

[Sandales]

Police said because we 'put' him there it isn't theft. It is their own land and she said he's locked up and we can't see him, there is 2 gates to the field so I'm presuming they are locked. We signed up to be a member of bhs but I can't get the legal advice number until the card comes through the post but they said it would be 10-14 days which is way to long to get advice and with bailiffs I did check they can't attend unless the situation goes through court x

I'm not sure that they are correct there, as I understand it a later assumption of the rights of the owner amounts to appropriation and can be construed as theft though I am open to be educated on this point.

 

[poiuytrewq]

Lead the horse out of the field and load him.into your lorry /trailer once you're out of sight.
Bolt cutters to cut any chains around the gates if need be.
It doesn't sound like the loaner is prepared to hand him back so just go and get him.

This. A weird livery yard owner once tried this with my horse for some bizarre reason. She kept moving him to different location.
The 3rd time I tracked him down to a padlocked field in another village.
Took OH and a few of his friends, they removed the gate, I got him out, onto the lorry. Secured field again as there were two others out there.
Once we were gone I sent YO a text saying I’d taken him.
She didn’t reply and I never heard from her again.

 

[SantaVera]

a freind of mine was in a similar situation to the OP. She went to the yard with several friends and blokes they found her horse which had been moved to a far away field. they caught it up, lead it away to where they had a traie;lr waiting. loanee wnet mad shouting abuse and all sorts of threats. but they got the horse back involved liftying a gate off its hinges. never heard from the loanee since dispite the threats. the poilice were informed before they went incase they were needed to attends in case of assault.

 

[Goldenstar]

Get some people and transport and go and get your horse .

 

[TheLoneWanderer]

What area are you in?

 

[Dave's Mam]

Have there been any developments? Did you speak to BHS OP?

 

[MiJodsR2BlinkinTite]

Any "contract" is frankly not worth the paper it is written on TBH. The woman can do diddly squat about it as there is no legal value in it; even if you had a Legal to draw up the contract originally in law it has very little clout.

I think you need to act fast; get a professional transport firm and arrange for an early morning collection. Do not tell her when you are coming; at the end of the day it is YOUR horse and let her scream all she likes, when the horse is gone, it is gone. You don't need to divulge where the horse will be kept and do not let yourself be bullied. Go armed with bolt cutters and a replacement chain & padlock and/or lock, that way you can't be accused of "wilful damage" as you are replacing like for like.

I don't know what the situation is about bailiffs - I think you need to have a Court Order in place and judgement in your favour - however it might be possible to hire some form of "Security" from a private firm if you think this would avoid a conflict situation?? If things DO get a bit iffy on the yard then it is up to the woman to get the police - by which time you should be out of there PDQ.

What an awful situation.

 

[Petite.promises]

Have there been any developments? Did you speak to BHS OP?

I have spoke to the BHS legal team, they said everything she said is absolutely rubbish basically and we can go in and get him as long as we don't damage property in the process, but as every gate is locked its not possible without damaging property. She said to contact our local representative to see if they could assist in anyway x

 

[AmyMay]

I have spoke to the BHS legal team, they said everything she said is absolutely rubbish basically and we can go in and get him as long as we don't damage property in the process, but as every gate is locked its not possible without damaging property. She said to contact our local representative to see if they could assist in anyway x

Just do as suggested above. Bolt cutters, replacement chain.

I was thinking of this thread today wondering if the horse had been collected.

 

[Tiddlypom]

Just go in and get the horse! As above, go armed with replacement locks and chains.

 

[Pearlsacarolsinger]

I certainly wouldn't be hanging about!