Needing advice

[Mumto3ponies]

Hi guys I’m a newbie here so bear with me I’m needing some advice
I sold my Welsh d pony many years ago to a friend and she went on a livery yard with at the time a friend she was given free livery if she would help with the yards animals
Fast forward years later the yard got a new lady come out and she is vile the so called friend and the new lady forced and bullied off the yard and refused to let her take her horse she has tried numerous times to take her my friend then went through mental health issues and personal tragedies in the family she is now wanting to try and get her pony back we don’t even know if she’s alive or whatever the livery yard owner kept the passport and will not give her that either the only thing she has is proof of sale from me to her she didn’t sign anything with the livery yard so she’s just wanting to know her rights xx

 

[Fraggle bells rock]

Has she been paying livery all this time?

 

[Mumto3ponies]

She was given free livery to help with the ladies other animals then once this other lady came she was kicked off and that’s when they refused to give her her horse x

 

[PinkvSantaboots]

How long ago did this happen?

 

[Mumto3ponies]

About 3 years ago I know it is not recent but she’s been through hell with Covid mental health family members dying xx

 

[PinkvSantaboots]

That is a long time presumably they have been paying for her livery I mean do you even know if the horse is still in their possession.

I think you need to find out first but I would imagine if your friend tries to get the horse back she could be faced with a 3 year livery bill before she does.

 

[Mumto3ponies]

Thank you pinky that is happening at the weekend I’m gonna drive over and see xx

 

[AmyMay]

Providing she has been paying livery over the past three years then simply go and get the mare.

If she hasn’t then it would be viewed as being abandoned and she’d (probably) have no rights to it.

 

[PinkvSantaboots]

Thing is what happened could be seen as the pony was abandoned in that case they could have sold or given her away.

 

[Widgeon]

I would imagine if your friend tries to get the horse back she could be faced with a 3 year livery bill before she does.

That would be my understanding too. Plus any associated vet, feed, farrier costs, assuming somebody has been taking care of all that. I am a little confused - she didn't see the pony for three years? Or have I completely misunderstood? If yes then surely that's essentially abandonment.

 

[PinkvSantaboots]

That would be my understanding too. Plus any associated vet, feed, farrier costs, assuming somebody has been taking care of all that. I am a little confused - she didn't see the pony for three years? Or have I completely misunderstood? If yes then surely that's essentially abandonment.

Sounds like the owner has not seen the pony in 3 years they don't know if its even at the same yard.

 

[Mumto3ponies]

She was bullied and forced off the yard kept going back to get her pony then situation changed I’ve just been told that someone end of 2021 notified the passport agency that she’s hasn’t got an owner I’m presuming it was the yard who have got her and not my friend

 

[Mumto3ponies]

Providing she has been paying livery over the past three years then simply go and get the mare.

If she hasn’t then it would be viewed as being abandoned and she’d (probably) have no rights to it.

That’s the only thing while she was there she didn’t pay livery as she helped the owner with her own horses so got livery free as a token

 

[PinkvSantaboots]

I hope you manage to find her.

 

[Mumto3ponies]

I hope you manage to find her.

Thank you I know where she is xxx

 

[nagblagger]

Just to summarise, your friend got 'forced off' and left her horse behind, therefore she stopped being entitled to free livery and should have paid or removed her horse then, the legal way.
I appreciate 'life' get's in the way, but she has not made any financial contribution towards livery and the other general equine costs for over 3 years, now she wants her horse back. I personally would not give a horse back to someone who had neglected it for 3 years, even if they could afford the 3 years of back rent.

People do have bereavements and mental health issues on this forum, but they would not leave their animal for years.

If you are a member of the BHS they have a free legal helpline.

She was bullied and forced off the yard kept going back to get her pony then situation changed I’ve just been told that someone end of 2021 notified the passport agency that she’s hasn’t got an owner I’m presuming it was the yard who have got her and not my friend

Does this mean you don't know whether your friend has her?

 

[Pearlsacarolsinger]

I cannot imagine that if a YO knows the name and address of a customer they can claim abandonment without contacting the owner to ask for up to date payment. Abandonment is for horses that have appeared on your land from who knows where.
To sell a horse, or other goods, in payment of a debt you have to prove that you have taken steps to get payment and have a legal judgement allowing you to sell it, or that is 'illegal conversion'.

 

[Widgeon]

To sell a horse, or other goods, in payment of a debt you have to prove that you have taken steps to get payment and have a legal judgement allowing you to sell it, or that is 'illegal conversion'.

Yes I thought the same. But even so, it would still mean the owner of the pony is liable for a hefty bill before she can claim the pony back. All a bit bizarre really.

 

[ycbm]

Hi guys I’m a newbie here so bear with me I’m needing some advice
I sold my Welsh d pony many years ago to a friend and she went on a livery yard with at the time a friend she was given free livery if she would help with the yards animals
Fast forward years later the yard got a new lady come out and she is vile the so called friend and the new lady forced and bullied off the yard and refused to let her take her horse she has tried numerous times to take her my friend then went through mental health issues and personal tragedies in the family she is now wanting to try and get her pony back we don’t even know if she’s alive or whatever the livery yard owner kept the passport and will not give her that either the only thing she has is proof of sale from me to her she didn’t sign anything with the livery yard so she’s just wanting to know her rights xx

Welcome to the forum.

I'm afraid I have no idea what rights your friend still has over the pony, but it sounds like a pretty odd thing to do to try to get her back now after 3 whole years has passed.
.

 

[Equi]

This is going to be a long and expensive legal matter. Is your friends mental health up to it?

 

[Winters100]

Sorry for the problems that your friend has had, but to me it sounds as if there are 2 sides to this story, so I would be careful about how involved you get. In your position I would just want to know that the pony is fine, then step back.

 

[Glitter's fun]

we don’t even know if she’s alive or whatever

Thank you I know where she is xxx

Between 15.55 and 18.07 you found her?

 

[Glitter's fun]

She was given free livery to help with the ladies other animals then once this other lady came she was kicked off and that’s when they refused to give her her horse x

About 3 years ago I know it is not recent but she’s been through hell with Covid mental health family members dying xx

The free livery ended 3 years ago.
Was that why she was kicked off? - Because she was meant to start paying?
If so it would explain why the horse was kept in lieu of unpaid livery fees.

Be very careful.
How well do you still know this friend? At best this is a very confused story.
You may be about to be an accessory before and after the fact of horse theft. Run the opposite way now. This friend and her horse are not your responsibility.

 

[I'm Dun]

I cannot imagine that if a YO knows the name and address of a customer they can claim abandonment without contacting the owner to ask for up to date payment. Abandonment is for horses that have appeared on your land from who knows where.
To sell a horse, or other goods, in payment of a debt you have to prove that you have taken steps to get payment and have a legal judgement allowing you to sell it, or that is 'illegal conversion'.

They have to send the official notice and give a set period of time,72hours I think. But thats it.