lwvtb upping the price at the end of trial

Goldenstar said:
The owner is a very nasty piece of work .Thoughts spring to mind like feeding the mare six kilos of naked oats a day and sending her back to her owner.(not really serious )contracts can be verbal but I am not sure how it would work in this situation.However the owner has changed what was agreed so I suggest your friend seeks to recover her costs from the owner .Might be worth a call to the the BHS legal helpline to see where this poor lady stands.I would also be letting the parents of the fourteen year old know what the truth of the situation is somehow .If I was the buyer in that situation I would look for another horse I would not be party to that .
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^^this..good call!
 
Thanks everyone :)

the lady really loves this horse so if she can keep her she will. She is going to contact the bhs and see what they say on the matter and is gathering evidence together as we speak ( i have been texting her whislt on here with everyones ideas ;) lol )

Hopefully she can force the decision back to the orignal agreement! Also someone is going to inform the interested party with the 14 year old of the situation ! so fingers crossed it will wok out for this lovely lady
 
Goldenstar said:
The owner is a very nasty piece of work .
Thoughts spring to mind like feeding the mare six kilos of naked oats a day and sending her back to her owner.(not really serious )
contracts can be verbal but I am not sure how it would work in this situation.
However the owner has changed what was agreed so I suggest your friend seeks to recover her costs from the owner .
Might be worth a call to the the BHS legal helpline to see where this poor lady stands.
I would also be letting the parents of the fourteen year old know what the truth of the situation is somehow .
If I was the buyer in that situation I would look for another horse I would not be party to that .
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2 good scoops of top spec turbo ;)

As everyone else has said I'd invoice her and threaten her with small claims court (even if it's just a professional legal sounding letter) it should scare her enough to make her think twice. Poor woman. People are vile.
 
jemima*askin said:
Get your friend to bill the owner for all costs over the past six months, including her schooling charges. This will no doubt come to somewhere around £2900. Friend should then suggest that they offset the charges against the cost of the horse and arrange to pay the £600 difference
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This 100%!!!

I think owner will soon change her mind if she has a schooling/livery bill to pay...
 
I believe that in English law a verbal contract is just as binding as a written one. (For all except property).

If your friend is serious about keeping the horse then a solicitor needs to get involved to write an official letter. Small claims court would be the next step though I don't know how that would work as she is already in possession of the "goods".

It is terrible that some people want to make money out of their so called friends.
 
Whilst I think the owner has acted reprehensibly, I don't see how she can be billed for breaking, livery etc. when there is no suggestion that there was a contract in place beforehand.
 
jemima*askin said:
Get your friend to bill the owner for all costs over the past six months, including her schooling charges. This will no doubt come to somewhere around £2900. Friend should then suggest that they offset the charges against the cost of the horse and arrange to pay the £600 difference
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This. Hopefully you're friend will have evidence of the original deal anyway in emails or something?
 
I agree that it would be hard to charge her for schooling livery unless you happened to be a qualified person perhaps. I would definitely be persuing whether a verbal contract is legal or not.

Have to say, the oats crossed my mind too, as did spending the rest of the week teaching the horse to gallop whenever it comes to a field or canter track (you could soon school her out of it if you kept her..). I would also have a few choice comments dotted around on FB too!
 
I would send the vender a polite but firm letter recorded delivery, with the a for cheque the amount previously agreed to conclude the sale as previously agreed on ...... I would assume that your friend told people that it was a LWTB so I would ask them for a simple witness statements so if you have to go to the small claims court for any costs incurred through breach of contract you would have evidence, as I assume your friend would not have put in the time and effort unless she could have a chance to purchase the animal at the end I have advertised an unbroken youngster for sale and had loads of enquiries about having him on loan, which when you know how much time and effort goes into backing a horses makes no sense at all..
I think its a real shame that a friendship may end this way but £ signs seem to taint everything and there may be someone in the background saying it still hers and why not get a higher price.
I hate texts but I had some problems last year and I saved all the texts to back up my side of the story and with anything I agree with ANYBODY including family I send them an e-mail to confirm. I am an avid watcher of Judge Judy and the amount of people who go back on their word or forget what was said is astounding.
 
jemima*askin said:
Get your friend to bill the owner for all costs over the past six months, including her schooling charges. This will no doubt come to somewhere around £2900. Friend should then suggest that they offset the charges against the cost of the horse and arrange to pay the £600 difference
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Excellent advice!
 
The lady loaning need to have a frank conversation with the owner about honesty and trustworthyness.

if the owner still insists on selling the horse for a higher price then the loaner should send the owner a bill for all her time, backing and schooling livery, entry fees and equiptment etc.

This is a horrrible situation.
Even if they wernt friends before, why are some people so nasty.

I hope the loaner gets it sorted.
 
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Capriole said:
I'm assuming as you didn't mention a contract there wasn't one? Don't suppose there's much she can do really.

Apart from write out a detailed invoice for the breaking in and schooling. No, there wasn't a contract for that either but we can all join in playing silly ******* :wink3:
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This^^^^

OP you seem to have disregarded all the suggestions along these lines? It is by far the best course of action - I'm afraid you haven't chance to prove the original agreement, even with a written contract it would be difficult as the horse legally belongs to the owner so she can do what she likes and sell it to whomever she likes legally.

Your friend should grow a pair (meant kindly :)) and send a bill off to the owner. ASAP.

Remember - people only walk all over you if you LET them!
 
jemima*askin said:
Get your friend to bill the owner for all costs over the past six months, including her schooling charges. This will no doubt come to somewhere around £2900. Friend should then suggest that they offset the charges against the cost of the horse and arrange to pay the £600 difference
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^^^ This If the friend can lie and back out of a verbal agreement who is to say that payment for schooling services were not expected!!
 
Patterdale said:
This^^^^

OP you seem to have disregarded all the suggestions along these lines? It is by far the best course of action - I'm afraid you haven't chance to prove the original agreement, even with a written contract it would be difficult as the horse legally belongs to the owner so she can do what she likes and sell it to whomever she likes legally.

Your friend should grow a pair (meant kindly :)) and send a bill off to the owner. ASAP.

Remember - people only walk all over you if you LET them!
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Not disreguarded at all infact in my post no.14 i agree is a good idea and told the loanee to give it a go? :)

Lady is going to get tough!

Update is;
The lady rang Bhs who said a verbal agreement should be held as much as a written agreement but its harder to prove, as the lady has texts regarding the agreement they have advised to keep these , to aproach the owner and suggest if she doesnt stick to the original agreement then she will on advise from bhs be taking legal advise and aiming for a small claims court and has texts and witnesses to prove the agreement!
On top of this the lady has written out a bill for all breaking/ schooling/livery expenses so that if the owner refuses to stick to agreement she can present her with this bill!
The people who were interested in purchasing the mare have told the owner after hearing of her dishonesty that they are no longer interested so hopefully the loss of expected sale, threat of court and schooling fees will make her think twice!
She is going to see the owner this morning with 600 pound cash (wont leave without a signed reciept if accepted) and all this info so will update you when i know how it all went :)
 
What an awful situation, some people are just vile. I hope it all gets sorted out for your friend op. You live and learn I suppose and this is exactly why I would always stay away from loaning a 'project' horse, you put in all the hard graft, fall in love with the horse and someone screws you over. Why can't people just be honest and stick to their word?
 
Best of luck to your friend. I hope it works out, but whther it does or not I do believe in karma and hopefully the vendor will have somthing vile done to them in the future. Heck I hope they do anyway!
 
What a nasty piece of work, especially as the woman was supposed to be a friend :(
Am rooting for OPs friend to have a positive outcome....and if she does then she had best get her backside on here with some pics ;)
 
Ok update for everyone,

After much disscusion and a few home truths (and some little threats of court etc) and reminder of how friends should treat each other to the owner, The lady is now a proud owner of her much loved mare :):):):) (although she has one less friend;) which she really doesnt mind lol)

She is extermely happy and a little tearful and is treating everyone to drinks and cakes to celebrate haha;) even her mare gets some extra special carrots ;)

She would like me to thank you all for your help and advice and feels your suggestions helped her get the out come she has :)

she doesnt have internet access so wont be able to supply pics but if i can get some i will see if i can figure out how to put them on off my phone :)

So happy happy happy we all at the yard are for her :)

Thank you everyone xx
 
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