Loaner causing trouble!

[Luce85]

This may be a long one, sorry in advance..

I put my gelding on loan in September last year, made the decision to loan him out as I couldn't ride due to back op and I was running a stud, so didn't have the time to try to ride. Found a loaner, she seemed lovely, rode him nicely, didn't big herself up in terms of her riding ability and was completely honest about her flaws. We agreed to a full loan, and he was actually kept on my sisters yard which is about 20 mins from me, so was able to go see them regularly and my sister was the yard owner so kept an eye on him, as heard all sorts of stories regarding loans going badly.

Anyway, things have been great up until about a month or so ago, they'd been out to competitons, fun rides, hunting over winter, doing all sorts of things and my boy looked happy enough, loaner was causing no trouble paying livery, farrier, dentist etc. My sister said she was a great livery until June time when she got a boyfriend. Since this boyfriend has came along, loanee has been neglected him of what he needs, she used to go down twice a day, it's more like once every 3 days now! He is on DIY livery, my sister and her grooms have of course been doing him and making sure he has been okay and looked after and charged her the extra (which I think is reasonable?) Anyway, she sent a cheque for his livery, posted it through the door for just her standard DIY livery, completely ignoring the extra ontop of it.

I emailed her to say something along the lines of, he has been happy under your care, he has been doing really well, if circumstances have changed, I can look into a part loaner for you, so he is still being looked after? No response.
I rang her to say things need to be sorted, you haven't been to see him in 4 days now, please get back to me asap, she didn't call back or acknowledge my phone call.

She got left a letter by another livery saying she had sorted him out as yard owner wasn't on site, and that she was hoping to see her soon, didn't reply. My sister has been asking for the extra money from her that she owes as she isn't doing the horse herself (leaving him in, no water no hay) no response.

So I emailed her saying, I am taking horse back as he is being mistreated here, it is unneeded stress for him, he loves his usual routine. NOW she replies saying I am not happy with you taking him back, I have his saddle and all his other tack, you cannot remove him from the yard without my permission.
Who is she to tell me this, I own the horse?!

My question to you is, what do I do? Do I bring him home, and try to find a way to get the tack back (I have a feeling she will not go down without a fight) and pay my sister the livery owed? What can I do? This is the first time I have loaned one of mine out and have no idea what to do in regards to his saddle? And did I do the right thing in saying I would bring him home? Surely she doesn't have a leg to stand on?

 

[Goldenstar]

Go pick him up bring him home then sort out the saddle .
What did you put in the contract about notice ?

 

[Sukistokes2]

I have no idea of the legal stuff, but surely if this stuff belongs to you taking it or not giving back is called stealing. Do you know where she lives!?
Maybe now you have scared her she will come to her senses, she will either get on with the horse or decide it is too much hassle.

 

[little_critter]

I think the priority is the well being of your horse. Bring him home and sort out the saddle later.
You did the right thing, she ignored all your previous messages when you tried to discuss the issue. She had her chance, tough luck.

 

[Tiddlypom]

Do you have a written contract?

 

[paddi22]

i'd take the horse back and threaten her with the police if she doesn't give the tack back. Or if i knew her address i'd send two big men around to collect it off her! what a wagon!

 

[be positive]

She has broken any contract by not taking care of the horse, the fact that someone else has is irrelevant, she is also breaking the terms of her contract with the livery yard, not turning up and failing to pay for services.
I would take him back but think you may have a fight to get the tack unless you can be devious and wait until she is there and arrive to collect him, if you can face a confrontation I am sure your sister would be on side to contact you when she arrives but it could be a bit tricky logistically unless you are in the position where you can drop everything and set off immediately.

 

[Goldenstar]

I would be worried she's a fruit loop and might try to move your horse OP ,your sister could not stop that and the police would just call it a civil matter .
I would move the horse home arrange for the tack to be returned keep record of all contact and take her to the small claims court pronto if the tack is not returned immediately .

 

[Exploding Chestnuts]

They are unreal.
I had some bridles stolen, went to the house, father, handing them over said "I don't know anything about this", your son, a young teenager, [does not go to schoo], who has no money brings a load of stuff home, and you don't say anything ...............
He was lucky I was unable to get a policeman that day, or I would have had the boy charged, not for any reason other than lies and deceit of him and both parents.
You are not in such a strong position [legally] as you handed over the tack, so the police will consider it a civil matter [I think] but don t let that stop you making a complaint.

 

[Luce85]

Thank you guys for the comments and reassuarance I did the right thing.

We do have a written contract, it is the BHS one. The notice is I think 30 days, but I think it's a case of moving him now.
I like to see the good in people and give them a second chance but I don't think it is worth it here.

Will be going to get him tomorrow to bring him home! I have the address that was given when we started the loan but heard through the grapevine that she has moved in with this boyfriend of hers so not sure where that is.

 

[AmyMay]

I think the priority is the well being of your horse. Bring him home and sort out the saddle later.
You did the right thing, she ignored all your previous messages when you tried to discuss the issue. She had her chance, tough luck.

I completely agree.

If he were mine I'd pick him up tomorrow.

 

[Exploding Chestnuts]

Don't give notice of removal, hope she turns up with tack so you can get it back that way. Do you know when she is likely to turn up, and you can grab it?

 

[Tiddlypom]

Will be going to get him tomorrow to bring him home!

Good for you.

If the tack inventory is detailed in the contract, it will make it easier to claim your stuff back, but getting him home is the priority.

What a nightmare.

 

[Spotsrock]

If u have to resort to small claims last known address should do nicely as you have a contract so she should have updated her details with u. Then next time she tries to upgrade her phone or get credit age will hopefully find out about her ccj as she will have to give past addresses.
Won't get your tack or its value immediately but will make u feel better.
Definitely agree theft though, definition is to take items with the intention to permenantly deprive the owner. She has stated this is what she is doing. Insist police act.

 

[ticobay831]

Definatly go and get him back and report the tack inccident to the police, explain the situation, its theft and tell them that
If you have a signed contract give the British horse society a call, if your a gold member which is about, £54 you can get free legal advise
its well worth it.
Ive had problems with previous loaners they are just unbelievable, she is well out of order and you have every right to take your horse back, thank god he was at your sisters yard where he got looked after..
Good luck xx

 

[Luce85]

Been a very eventful hour or so!
Luckily my sister has some VERY dedicated grooms living on site.. They recieved a phone call about an hour ago asking for the yard post code, turns out she had planned to come pick him up now. Que grooms refusing to give the post code, me and and my sister got to the yard and stood with Buzz (horse) and she arrived with hired trailer in tow, planning on moving him!

Absolute nut job, she didn't stand a chance, he is now home in the stable he has known for 12 years! And I should have my tack back tomorrow, I hope!

 

[maree t]

OMG . talk about stressful. Thank goodness he was on your sisters yard and the staff were great . Glad he is home and safe , good luck with getting the tack returned .

 

[Exploding Chestnuts]

A narrow escape.

 

[Cinnamontoast]

OMG, does she know where he is now? Might be worth letting the police know that she plans to take your horse by giving them a call on 101. If you don't get the tack back, report it as stolen (if she intends to permanently deprive you of your property, that is theft). Hope she disappears!

 

[Goldenstar]

Thank god you have him away .
Is he secure where he is ?
I think you will have a battle over the tack but it's the lesser of the evils at least you have the horse .

 

[Fides]

Goodness what a loon!! Gone from seeing him twice a week to wanting him full time?!?! How on earth did she expect to a) get away with it and b) manage a horse without people to do him when she can't be bothered?!?!

People never fail to amaze me!

 

[Luce85]

Very narrow escape! I am going to get both the girls a bottle of wine and chocolates! They didn't have to answer the phone as they were technically off the clock, but did and stood their ground!

He is on the stud yard in an indoor secure barn with the stallions, she knows where my yard is, but I doubt she would try again, I did get angry and give her a mouthful, but she very much deserved it I think! We have people onsite where he is now and the dogs are loose incase they need to get out, so I hope she wouldn't try I really do.

I am also doubtful of getting my tack back, but she said I'd get it tomorrow and tried to spout some rubbish about wanting him back and trying to work something out. I think it is all a load of tosh and definitely won't be giving her a second chance! I really hope she disappears, I really do, and hopefully Buzz will not be too confused with moving so late at night!

 

[Jaycee]

Omg what a nightmare for you and Buzz, I'm sure he will be as happy as larry to be back with you! How lucky to have someone living on site at the yard under such circumstances though.

 

[Red-1]

Sounds very frightening, what on earth possessed her to think she could just turn up and take your horse away?

It is frightening to me when you hear on HHO of sharers and loaners alike who seem to forget who the horse belongs to. I have had some brilliant sharers and count myself very lucky.

With regards to the sister, I think legally it is the loaner who owes her the money so she could take her to small claims court. If it were me though I would be so pleased she stepped in and took care of my boy I would just pay her what was owed.

 

[RaposadeGengibre]

I have to admit I had a sneaky thought last night but decided against posting it, thinking that the girl cant be that loony and I would only wind you up unnecessary.
Thanks heavens Buzz was on your sisters yard!

 

[MagicMelon]

I'd make sure she follows through with giving you the tack back today. Threaten her immediately with legal action - that'll make her realise you're serious. What a crazy person...

 

[AmyMay]

Bloomin hell!! What on earth was she thinking??

So glad he's home and safe with you.

Have you involved the police?

 

[MissTyc]

Glad he is safe home -- sounds like the loaner forgot he wasn't her own horse. Her's to neglect to keep or move ... Silly girl!

 

[MDB]

Glad you and your horse are ok and he is back at home safely. What a nightmare.

 

[LittleMonster]

Bring him home!

And then get your sister to chase the bills that she still owes, tack is tack and can be replaced but the horse would be my top priority and would be coming home ASAP!

ETA - Just seen you have brought him home to where he belongs, well done to you and the yard staff!