Long story....here goes...

TheChestnutThing

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Long story....here goes...

18 months ago I was offered another horse from the owner of a horse I already had. I declined based on finances. Someone I know had approached me on numerous occasions asking if I could help her find a share for her daughter. I knew this horse would be great, so I asked how the daughter's riding had come along and how they would cope. Great they told me. I let them come and sit on my horse and they seemed competent enough and fully invested in taking their time and learning alongside this horse (mother had ridden and owned horses most of her life). I explained that the horse would not belong to them and that I would go halves on transport and help with schooling and feed etc. No they didn't want my money for transport but could I organise. So I did.

Fast forward to the horse arriving and I immediately saw the incompetency. DIY yard and I was doing all the jobs on their days and mine. They couldn't muck out. They couldn't catch in. They couldn't lunge. Obviously I helped. It became blindly obvious that this was a toy to them. Mother would drop off kid unsupervised at yard. Kid would bring friend. They would go into herd and try and catch horse who wouldn't let them near him and they would send the whole herd on a stampede and then call me at work. They would then lead the poor horse in and out and in and out and in and out of his stable so much he refused to go in anymore. He started rearing with them. 2 weeks in I was asked by the YO to ask them to leave or put serious rules in place. Other liveies came to me complaining about them. I hadn't done a contract yet, so I did this. They refused to sign it. They wanted less days than originally agreed. They wanted friends to be lead around on highly strung sports horse. They wanted one parent to ride on occasion and the other to ride when ever they wanted. They accused me of making the child have epileptic fits because I was putting her under stress (I had not been aware that the child had epilepsy and had I known I would never have agreed to the share). They wanted to be at the yard on my days (I had 2 she had 5) and watch me every time I rode. Then they refused to sign the contract and gave me no notice whatsoever and demanded their money for the days they had been involved (don't worry that I had paid for hay/feet/feed/supplements/mucked out etc for them). Then they sent me a disgusting email which was defamatory and threatening and called my career (horses are not my career) into question.

Then I got a letter from the court demanding I pay them £300. For what? They wanted to buy their daughter a new horse. And the letter came from the ex husband who did not even pay the money for the transport and bedding. he knew nothing about it.

And now, this week, I have to go to court. 18 months later. For £300 I do not owe.

I have proof etc. I have emailed and whatsapps and the contract they refused to sign (BHS standard with a few added extras for protection of their child). And the proof that they ended the agreement with zero notice. I was left high and dry with 2 horses which I could not afford at the time, and immediately have to look for someone to share and take over the new horse. Again I have proof of adverts from the day they gave "notice".

Has anyone else been through something like this?
I have never in my life been through something like this and although I know that they court will rule in my favor (legal advice has been taken), I am stressed beyond belief and worried AF (I have since had to be put on anti-anxiety and depression pills).
 

Glitterandrainbows

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They’ll get laughed out of court there just chancers who wanted a riding school experience or full livery for nothing point out they actually owe you money and get a good equine solicitor or any decent one for that matter don’t even waste a moment of worry on people like this let them do there worst they don’t have a leg to stand on
 

Fred66

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Not been through this but wishing you luck.
Have you counterclaimed for the time involved in doing their duties on their days, for the time involved in collating a defense for what amounts to a vexatious claim, for the stress and emotional trauma they have caused through their defamation of your character, also for the loss of earnings for your day in court? If not is it too late to do so?
 

TheChestnutThing

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Sorry I am a bit confused, who actually owns the Horse or did you both put in half the money towards Horse? If old owner gifted Horse to you then I would get rid of the sharers, get the Horse back on track and find someone new for him.

If you both own the Horse then this is where it gets tricky, especially with no contract. If you are a member of BHS you can ring the advise line to legal support.

Horse is mine. But this was 18 months ago. They never owned him nor ever had any claim to him from the get go.
 

TheChestnutThing

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Not been through this but wishing you luck.
Have you counterclaimed for the time involved in doing their duties on their days, for the time involved in collating a defense for what amounts to a vexatious claim, for the stress and emotional trauma they have caused through their defamation of your character, also for the loss of earnings for your day in court? If not is it too late to do so?

I have not, as honestly I didn't think it would get this far. But you are not the first person to suggest this to me.
 

LaurenBay

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Horse is mine. But this was 18 months ago. They never owned him nor ever had any claim to him from the get go.

That is better for you then :)

as someone else has mentioned write down the costs incurred to you, however as there was no contract then not sure how far you will get.

Advertise for another sharer and you can use the template on BHS for a contract.
 
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Pearlsacarolsinger

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If you have already taken legal advicevand been told there is nothing to worry about, try to put it out of your mind until you need to go to court. Gather all your evidence, put it in a safe place where you can access it easily and rest assured that you are prepared. As above put acounter claim together, take control. It is the lack of control that causes the stress.
 

Ratface

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Have you got calm, sensible, Court-savvy friend/s to accompany you to Court?
If you haven't already been in a Court environment, it can seem a bit intimidating.
I spent a 50-year professional life in and out of Courts from the the Old Bailey, through County Courts to the local Magistrates Courts.
If you think that it would help you, let this forum know and I'm sure one or more of us will be more than happy to put on our Court kit/face/attitude and turn up.
 

MiJodsR2BlinkinTite

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FFS!!! I am struggling to understand what the £300 is for?? If you own the horse then what is this for??

Am just feeling livid on your behalf frankly OP.

As others have suggested, I think you need now to write down EVERYTHING but everything you have outlayed, not just any "goods and services" but also your TIME. You may only be entitled to claim minimum wage for this, but I would still submit it anyway.

Have you got legal representation??

Whatever, I do not think you should communicate any more with these people. Let the due process of law happen and have your Day in Court.

Hopefully you will have a good outcome. Wishing you well.

Cannot believe the bleddi cheek of some people!
 

TheChestnutThing

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Have you got calm, sensible, Court-savvy friend/s to accompany you to Court?
If you haven't already been in a Court environment, it can seem a bit intimidating.
I spent a 50-year professional life in and out of Courts from the the Old Bailey, through County Courts to the local Magistrates Courts.
If you think that it would help you, let this forum know and I'm sure one or more of us will be more than happy to put on our Court kit/face/attitude and turn up.

This is why I love this forum. Thank you. This means so much. I have a friend who is much less emotional and very factual and she has offered to come and speak on my behalf (I have been told I can appoint someone, but please correct me if this is not the case). I'm not the right sort to be able to represent myself/speak.
 

Annagain

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FFS!!! I am struggling to understand what the £300 is for?? If you own the horse then what is this for??
I'm trying to work this out too and share your exasperation.

Some people will do anything for money. A friend took a young girl under her wing - helped her family find her the right pony, accompanied her to the yard and out riding etc. The girl then asked if a competent friend could borrow her horse for a ride. Friend said yes and after a few supervised rides at the yard let her take her to pony club a short hack away. On the way home, the two girls passed the young girl's house and the mother came out to chat to them. The mother had a habit of standing with her legs crossed - not once but twice (I don't know how either and I wouldn't have believed it was possible if I hadn't seen it with my own eyes) and was standing at the back of my friend's horse, slightly to the side. The mare shifted her weight - no more than that - and bumped into the mother. As she was standing the way she was, she went straight over and broke her wrist.

They tried to sue my friend saying the horse kicked her, she shouldn't have let the friend ride her as she wasn't competent and the horse had a reputation for being dangerous. They also tried to sue for loss of earnings, saying she was a seamstress when she was a stay at home mum. There was a witness, a neighbour who coincidentally is a friend of my father. He was walking up the road towards them at the time so this was directly in his line of vision and he gave a very accurate account. My friend also got statements from the pony club instructors saying the friend had ridden the mare extremely well, the mare was impeccably behaved, had been known to them for years (we had previously been to the same pony club) and had never been a problem. They were laughed out of court, my friend no longer helped the daughter with the pony and without that help they couldn't / wouldn't carry on with her. The neighbour also won't speak to them either as they gave him a really hard time about not lying for them and he used to water their plants if they were on holiday so they've lost out in so many ways by being so greedy.
 
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TheChestnutThing

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FFS!!! I am struggling to understand what the £300 is for?? If you own the horse then what is this for??

Am just feeling livid on your behalf frankly OP.

As others have suggested, I think you need now to write down EVERYTHING but everything you have outlayed, not just any "goods and services" but also your TIME. You may only be entitled to claim minimum wage for this, but I would still submit it anyway.

Have you got legal representation??

Whatever, I do not think you should communicate any more with these people. Let the due process of law happen and have your Day in Court.

Hopefully you will have a good outcome. Wishing you well.

Cannot believe the bleddi cheek of some people!

I am also struggling to under stand what the £300 is for, but according to them they said it's what they incurred in costs for the horse when they shared him (so basically they want to not have paid for their time spent with him). I have not communicated with them in 18 months so this came as a shock to me.
 

sunnyone

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I feel so sorry for you and am sure you will win your case. Going to court at any time is stressful but must be 10 times worse when all you've ever done is try to help somebody!
Make sure you include in your costs some type of cost for having to take time out of your life to actually the court. They need to be the ones who have to pay.
 

Cowpony

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I'd have a full list of costs ready for when the judge asks you. Not necessarily what they cost you when they were sharing the horse, but the cost of the solicitor's advice on the case, your travel to and from the court, the cost of a day off work etc. Saves a lot of time and hassle if you have it ready to be ordered there and then.
 

Wishfilly

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No advice, but lots of sympathy. Is the £300 meant to relate to transport? Did you communicate about this in writing?

It all sounds like such a mess!
 

TheChestnutThing

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If you’ve had a court summons then your solicitor must have been given details on what the £300 relates to.

I don't have a solicitor. Not worth it for £300. I have however spoken to a lawyer friend as well as the BHS legal team. They have stated the £300 is costs. Basically what they paid to use the horse for the time they had him.
 

TheChestnutThing

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I'd have a full list of costs ready for when the judge asks you. Not necessarily what they cost you when they were sharing the horse, but the cost of the solicitor's advice on the case, your travel to and from the court, the cost of a day off work etc. Saves a lot of time and hassle if you have it ready to be ordered there and then.
Thank you for this advice.
I literally ordered more ink for my printer last night so I can do just this.
 
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