Loaning and Contract Opinions....

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LR2904

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So my pony has been out on loan to a lovely family for past year however not visited due to them always being busy etc loan agreement was up start of October, agreed to renew however last 3 weeks she has had excuses as to why I can't come over for her to sign 😕 They are also due to move house shortly but first I have been informed of this! Also been quizzed on what I would do with the pony if I took home don't feel this is right since she belongs to me!

Looking for opinions on what other people would do? Have had a few people say arrange for pony to come home 😕
 
Honestly, I would just inform them you are visiting on X day to check pony & get new contract signed. Be prepared for them getting arsey but I think you have to stand your ground. It's your pony, you have a right to visit & should have a valid, current contract in place. If they are moving house, does that mean they want to move the pony too?
 
Spell it out. As part of the loan conditions you want to visit it x times a year or whatever and if that isn't possible you want it back. Are you confident they still actually have it? That would be my worry! I might just turn up actually if you are concerned.
 
Personally i would just show up at the yard, and visit without them needing to be there. If they have nothing to hide, then it should not be a problem. Its entirely your right to do unannounced visits.
 
All of the above!! There are so many horror stories about ponies on loan. You really need to go and see the pony, ideally unannounced and ideally today. Be prepared to remove immediately if you have to.

Without a contract there are legal issues. The "loaner" may say that they understood the horse was gifted to them because of your lack of contact, or that they purchased the animal in installments.

If it isn't already in the new contract you need to specify the vet practice used. Contact that practice and make sure they know that you are the owner. No decision on PTS to be made, other than in an emergency and on their advice, without contacting you. Also to tell you if any attempt is made to remove the pony from their list.

Do the same with the YO if the pony is on livery. Make sure they know you are the owner and any issues are top be referred to you.

Its helpful to keep the insurance in your name and have the loaner repay the premium cost. That way you know if there is a claim on the policy and you have a bit more contact and control.

And finally clear statements as to the standard of care expected, where to be kept, what used for etc. The right to visit - especially if the animal is on private land as you may not actually be able to get access if, for example, it is kept at home. The right to terminate the contract.

And let us know how your pony is!
 
Thanks for all the replies so far!

Pony is kept at there home which is gated, due to move shortly but I wasn't made aware even though they would intend to take pony too!

Luckily I have a day off today so going to take a trip and have a look to see what is going on 😕 Think loaner will be at work but at least I will get a look at pony!

Will update later once I have seen her 😬X
 
FfionWinnie said:
Spell it out. As part of the loan conditions you want to visit it x times a year or whatever and if that isn't possible you want it back. Are you confident they still actually have it? That would be my worry! I might just turn up actually if you are concerned.
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Agree. Something isn't right here. I think you are right to be concerned. Get yourself over there and see what's going on.
 
LR2904 said:
Thanks for all the replies so far!

Pony is kept at there home which is gated, due to move shortly but I wasn't made aware even though they would intend to take pony too!

Luckily I have a day off today so going to take a trip and have a look to see what is going on �� Think loaner will be at work but at least I will get a look at pony!

Will update later once I have seen her ��X
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I think you are doing the right thing, if all is well then go back soon with the new contract and also get details of where they are moving to, if it is not near enough or means a major change to how the pony is kept then you can decide to have it back as that will be breaking the contract in it's current form.
 
Yes serious alarm bells would be ringing here and I think your nuts to have accepted this fobbing off for so long! You want to see the pony TODAY and you want the forwarding address and day the pony is going to be moved so you can see it that SAME day in its new home. Personally if they were moving too far away that you couldn't visit at least once a month I would be ending the loan agreement and taking the pony back. Thats purely because I personally wouldn't put a horse out on loan to a place i couldn't pop along to easily once a month!

This is how horror stories start and you would have no one to blame but yourself if this pony has been a) neglected and b) disappears off the face of the earth when the move!
 
The area they are moving to will be an hour and a half drive from where I currently am, between working full time and seeing to my other mare checking up regularly just wouldn't be possible 😕
 
Thing is these days with FB and other social media there's no difficulty in keeping in touch and keeping a check that all is well. I have a super pony out on loan. There is an "update" every few days and if these stopped I would immediately be suspicious!
 
My loaner doesn't have fb so my only means of contact is text even then can take up to a week to get a response or if any pictures requested just get told she never takes any!
 
LR2904 said:
My loaner doesn't have fb so my only means of contact is text even then can take up to a week to get a response or if any pictures requested just get told she never takes any!
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Well I wouldn't be happy with the evasive attitude of the loaner and would be going with the trailer to remove the pony personally.

Is it an easy to loan out type or a trickier type?
 
LR2904 said:
The area they are moving to will be an hour and a half drive from where I currently am, between working full time and seeing to my other mare checking up regularly just wouldn't be possible ��
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The horse has been with them for a year and you haven't visited. I'm sorry but whatever excuses they are coming up with you do still ultimately have some responsibility for your horse.
I've got one out on loan to someone the best part of 90 minutes away. I got a personal reference for them from a mutual friend, but in that first year of loaning I checked up after the first few weeks and then a couple of times after that (as well as receiving regular updates). We are now well down the line and I don't fee the need to visit so much now, but I keep tabs on what is going on via Facebook.
The sheer plans to move the horse without consulting you would concern me lots.

Good luck when you go over today. I would be having strong words with them about access and communications if they wish to keep loaning your horse
 
LR2904 said:
My loaner doesn't have fb so my only means of contact is text even then can take up to a week to get a response or if any pictures requested just get told she never takes any!
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Sorry but that's totally unacceptable. I've loaned twice and I always kept in regular contact with the owners and responded promptly to any questions they had. The horse still belongs to you and they are treating your like an inconvenience.

Regardless of the outcome of your visit I'd be getting the pony home ASAP to be honest.
 
LR2904 said:
The area they are moving to will be an hour and a half drive from where I currently am, between working full time and seeing to my other mare checking up regularly just wouldn't be possible ��
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Even if your pony is absolutely fine and totally spoilt rotten this loaner is not maintaining any sort of relationship with you, which whilst on your doorstep you can put up with as you can just drop in on the way past but if they are planning on moving an hour and half away then its not really on.

Have you space to have the pony back and would you want it back or was this intended to be a forever loan ? If the latter and your trip today shows the horse to be fine and spoilt rotten then you could just wish them well and ask them to be a little more communicative as you love the fact that they are treating it so well but the reason you loaned not sold was you wanted to maintain the ability to ensure that the pony was well cared for. If the former then for your piece of mind you might be better just having him back as they are not communicating with you.

Hopefully your visit today went well
 
IHW is correct - OP why haven't you just turned up to check the pony at all during the first year? I do think the loaners are being unreasonable but you also need to take responsibility for checking the horse.

I loaned out a horse a few years ago. I visited the yard twice, got a ref from the YO, visited the loaner's home and even took photocopies of their driving licence and a household utility bill in their name, so I knew exactly who they were. I think I also got a PC ref. I visited the horse about two weeks after they collected him, then again another couple of times quite soon. I was happy so after that I changed the frequency to every few months. I received regular texts, FB and emails with photos during visits. In the final year of loan (before they bought him), I think I only visited to get a new contract signed as I trusted them 100%.

They bought him years ago and they still send me updates every few months and tag me in FB pics!
 
I'd be a little suspicious if they have made alot of excuses to why you can't come visit. I'd be up there whether or not they're available.Hopefully all went well with your visit toda

I have the opposite problem, I have a pony on loan who I have been trying to send back for almost a year and a half. Owner made excuse after excuse to why she couldn't come. Owner has moved, retained the passport and doesn't answer their phone so she sits in the field as an ornament as she's not suitable for what she came here to do. Far too unpredictable.

y.
 
Tiddlypom said:
Alarm bells are ringing. Go and see the pony asap, with or without their permission.

When did you or a representative last see the pony?
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^^^ This.

Owner, you should have made more regular contact with the loan home than you have done; if you have any regard at all for your pony then in any future loan arrangements you need to keep your finger on the pulse much more than this.

Think the loaner is not being 100% transparent - if it was my pony, I'd be going over there and bringing it home TODAY if not sooner! If the loaner isn't being honest, and are allowed to take it with them when they move, then who knows where it will end up??
 
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ihatework said:
Alarm bells would be ringing and I would be turning up unannounced
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^^THIS!!! Please make an unanounced visit ASAP!! Preferably with a box in tow ready to take pony back if there is the slightest issue or doubt in your mind. When I loaned my Anglo out the loaners never put pics of him on facebook ever and everytime asked how he was going it was like pulling hens teeth to get infomation. I made an unannounced visit and found him lame and underweight, I immediately made my excuses and left got home and arranged transport, i contacted her on the way to collect him because i did not trust that given notice she wouldnt try to move/hide him. Never again would I trust anyone that doesn't keep me updated at least weekly with full body, unrugged pics and monthly suprise visits
 
OP if you haven't managed to get a visit with your pony can you tell us what area its been kept in? If by any chance loaners are in the cheshire/warrington area could you PM me the name of them, I've just re read all your replies and sounds shockingly similar to my poor boys old loaner
 
rowan666 said:
OP if you haven't managed to get a visit with your pony can you tell us what area its been kept in? If by any chance loaners are in the cheshire/warrington area could you PM me the name of them, I've just re read all your replies and sounds shockingly similar to my poor boys old loaner
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OP has Aberdeenshire listed on her details.

I am in Aberdeenshire, which is why I offered my help, because I may be closer than OP.
 
So managed to see her today well from the fence she came over but unfortunately rugged as per usual, couldn't lean over for a look due to electric fencing!

My mind is made up regardless of if they are genuine or not with everything, I have sent message stating contract not being renewed and she will be coming home! Have a friend where current mare is who will be able to transport.

Awaiting response to my message 🙄 Could take sometime....

Thanks everyone for your input, will keep updated 😘
 
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