Loaning nightmare - help please!

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SarahK

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I have posted on here before about our ups and downs with our loan horse etc.

Anyway, the other day was the straw that broke the camels back and we decided he has to go back to his owner. Easier said than done!

Our contract says that we must give 42 days notice, thats fine. We contacted owner and said that she must take him back and that if it takes 42 days thats fine.

Well since we took said horse, his owner moved to cornwall and decided she wants nothing more to do with him and that if we dont want him he must be sold. She's not willing to take him back to Cornwall and sell him from there, she wants him to stay with us until sold.

She wants 2k too much for him and he will never sell if overpriced. So we said we cant do that, we cant afford to keep him any longer than the 42 days.

She keeps dragging her feet and is very reluctant to do anything. I am worried that at the end of the 42 days she will have done nothing and we will be left holding the baby so to speak!

Not sure what we can do short of delivering him back to her and putting him on her doorstep - however we cant really afford to transport him all the way to cornwall! What if she's done nothing when the 42 days ends?

Any help or experiences would be appreciated. Thanks
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I would tell her he will be delivered to her doorstep if she does not make arrangements to collect him. To be fair I would expect you to have to deliver him back than her collect him.
 
I'd tell her the minute the 42 days are up you will be invoicing her for his keep costs as they're no longer your responsibility from that date onwards, point out she's overpricing him, especially with the credit crunch, horse prices are falling and you are not willing to keep him, if she can't take him back then you suggest she contacts an animal sanctury or the like to sign him over or gets transport arranged depending on your loan agreement, most do say if the loanee ends the agreement it's their responsibility to get the horse back and if the loaner ends it it's theirs, so in this scenario you would be responsible for the return costs if that is how yours is written, check your agreement to be sure?
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I would exepct her to have sorted something our of rhim ut in the smae respect i would have thought she would have collected him as she has moved so far away?!?! I have a horse on loan and if she was to come back I would be collecting her.
 
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Perhaps you could suggest splitting the transport costs, as she has moved away.

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I was about to suggest the same, seems a reasonable compromise
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decided she wants nothing more to do with him and that if we dont want him he must be sold.

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I have some comments regarding the quote.

1. 'if we don't want him' - does that mean she has given him to you? for free? if so, he is yours and you may sell him, give him away or do anything you like without her interference as he is yours.

2. If she is simply asking you to keep him pending sale, then what she is asking is tantamount to full livery. I would write to her providing a break down of costs for your services. If she does not pay, sue her.

3. There is always the option of giving him to a rescue centre after the 42 days have expired. You should inform the owner of this too. I have a feeling she may have something to say bout it.

4. Further, upon the termination date of the loan, you must deliver, I assume back to the owner's home. At the time that contract was made, the owner's home will be the one stated in the contract and not the new address.

I hope you get it sorted, it seems she is taking you for ride!
 
OMG this is so similar to the hassle I had when trying to return my loan horse!!! I totally understand what you're going through.

Owner is taking the mickey and you need to stand firm and not be taken for a ride - I was and ended up with a horse here for two months longer than necessary. If need be, get hold of a solicitor and get them to write to her - that was the route I had to take and was the only thing that prompted a response.

Good luck and if I can be of any help PM me.
 
I had a similar problem returning a loan horse. I sent a letter by recorded delivery stating full livery costs after the date of the loan agreement ending ( included everything, shoes, bedding, feed, insurance etc). The owner took her back on the agreed date, but I did deliver her back so I think the compromise of shared transport was a good idea as she has moved so far away.
 
Surely it's cheaper in the long run to pay the cost of delivering him to her in cornwall than keeping on paying to keep him? Absolutely not under any circumstances agree to sell him from your place. Owner can arrange for him to go to a dealers yard or take him back and sell him herself.
 
I think you need to put in writing now that you are unable to keep said horse after the due date and if the owner hasn't anywhere for him to go then she must pay for full livery either at yours or a local livery yard till he is sold.
You can offer to pay the tranport for his return to as far as he would have gone if she had not moved she will be liable for the extra cost.
 
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