Neglected pony help

Queenofdiamonds

Queenofdiamonds

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There is a pony on my friends yard.. pretty little chap. His owner is basically a moron.

She bought him as a yearling and hasn't got a clue.

He is now very bad mannered thanks to her ignorance and stupidity.

The last month she hasn't been up to see him. At all. She hasn't paid rent either.

The YO has been giving him hay and mucks him out when she can. The ponies owner doesn't know that though, she just refuses to come down.

It's been suggested to the YO that she take the pony - She has it's passport. She is unsure though of legal implications - She has a business to think about.

RSPCA won't act unless there is evidence of neglect IE starvation/not being cleaned - But there isn't cause YO makes sure he isnt that bad.

I'd take him happily. He could be a lovely little thing given the right handling.

What would you do? I was thinking of asking YO for the girls number and ringing her to enquire but i don't know.. would it look odd? What would you do?
 
The YO can take a pony in lieu of debt and dispose of it .
your friend should get advice and follow the correct procedures then ' sell ' you the pony if that's what you both want.
 
It's not my friend that's the YO sorry, When i say my friends yard i mean where my friend keeps her horse.

I don't know the YO personally
 
The only way, may be, the YO could take the pony and not be done (but don't quote me on it!) is that if she takes the pony as payment for the non-paid rent. Is there a contract? Does the contract state anywhere the 'what ifs' of if the owner doesnt pay rent? The YO could call the owner and suggest taking on the pony in payment for rent.
Difficult, as you can not just take it as that is then theft. Yet not paying rent, regardless or if its a writen or verbal contract, means the contract is void and the YO can ban the owner from her land.
You'd need to do some legal research. Citizens advice maybe?
 
I don't think there is a contract for livery no, My friend said she hasn't had to sign one so cant see anyone else having done so.
 
If the owner owes rent then it is up to the yard owner to chase this up with the owner. If the horse is being fed too and mucked out and it is the owner's choice to not be out 24/7 ( unless the yard does not allow this) then they have every right to charge extra livery too ( if not already included in the fee).
Depending on what is owed and any contract in place then the yard owner has the right to have the pony in lieu of livery owed and sell accordingly.
I have known of a horse which was being neglected by its owner who also owed rent.
The horse ended up going on loan to someone who then bought it. It was me and another livery who told the yard owner they could accept a horse as payment of a debt.
I was also on a yard in which the agreement clearly stated that if I owed more than a month's rent my horse could be taken and sold to repay the debt. I do know that the yard owner did have someone's horse for this reason and sold it on to cover a debt that was owed.
If you are interested in this pony I would ask the yard owner to contact the owner and ask about selling the pony to cover costs and that they have someone who is interested in him.
Otherwise ask for the number yourself to contact the owner about you buying him but make sure it is done with the knowledge of the yard owner so if they agree to sell him to you that they also pay for any livery that is owed too.
 
I will have a chat with the yard owner if he's still there when i visit again. I feel so sorry for him. He is only 2 years old and is going bonkers in his stable - He can't be turned out because the owners refuse to worm him. He was lunging over the door at me, though he calmed down when he realised he wasn't bothering me.
 
Do you mean he's been stuck in that stable for a month???? The YO needs to get this situation sorted - that's unacceptable and he shouldn't allow that to continue on his yard.
 
MochaDun said:
Do you mean he's been stuck in that stable for a month???? The YO needs to get this situation sorted - that's unacceptable and he shouldn't allow that to continue on his yard.
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Oh I have seen horses stuck in stables for more than a month with no turn out. I don't mean sick or injured ones either. There is nothing like the horse world and livery yards to open your eyes :(
 
If the owner hasn't been to see the pony or paid rent for a month then she has technically abandoned him, the YO is well within his rights to serve an abandonment notice and keep/sell the pony.

There is information here regarding ponies abandoned on livery yards:- http://www.redwings.org.uk/welfare/advice-and-information/abandonment/

For what it's worth I'd buy a wormer for him so he can be turned out poor chap. :(
 
Yeah, He never goes out cause they won't worm him. I think the YO would worm her herself but i think she's unsure of the legal implications of doing it.. I considered going down the feed shop and getting some myself to bang down him so he could go out soon tbh.

There is nothing wrong with him, He looks on the small side for what he is though, But saying that, My section D looked nothing like the sort for ages. He is skinny but not emaciated... You wouldn't look at him and think he was starved if i didn't know him id think the grass was a bit crap.. I couldn't see his feet as it was a bit dark in the stable and i didn't have my glasses on.

He just has no manners or handling.

I've seen worse though. He was trying to canter and jump around in his stable bless him.
 
The YO can take a lien out against the owner for the pony in lieu of charges of livery, and keep.

I'm assuming from your post that the pony is now effectively on full livery, and either out at grass 24/7 or stabled for part of the day (with the YO doing the work, therefor full livery).

All YO has to do is google Lien of goods to get the information she needs to take action.

EDT: Just seen pony is not going out. YO is seriously failing here. Worm the poor creature and turn it out. It is in her duty of care, and there are no legal impliactions.

God this sort of thing absolutely makes my blood boil. YO's with little or no intelligence, and no balls to back up their actions.
 
The YO has a duty of care and is doing the minimum, it is not your problem it is the YO.
I had a similar situation, found out where owner lived, offered to buy it [enough to cover livery costs] and owner [white skin, opened door a crack] told me he had been sold [not true].
Horse later sold to a dealer to recover legal costs, by that time I had [suddenly] got a mare and a foal as well as my own boy.
you can ask the WHW to visit YO to advise.
 
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If you want him, ask for the owner phone number.

Dont start accusing her, just say you are interested in him. If you PM me I will give you my friends number. She works for a horse charity and they usually have to negotiate and persuade owners to hand them over as they have no powers. She will give you some advice on the best way to conduct the conversation.

Find out somehow how much is owned to the YO and offer to pay her off.

The owner will probably be glad to have it sorted and be debt free.

Most important thing is to get the poor lad out of there. Dark dirty stable with no turnout and inconsistent feeding. Poor little man.
 
If a yo sells a horse/ pony that it has taken due to fees owed they cannot sell it for more than the debt as it then becomes selling for profit not for payment owed.
 
Spiritedly said:
If a yo sells a horse/ pony that it has taken due to fees owed they cannot sell it for more than the debt as it then becomes selling for profit not for payment owed.
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They can sell it for more than the debt, but need to deduct the fees owed from the sale and the rest given to the owner:-

"If an owner DOES NOT come forward...

If no owner comes forward within the defined period, by law you are able to take legal responsibility for the equine. This allows someone to sell, rehome, euthanase or keep the horse.

However you may have difficulty acquiring a passport for the horse, which is a legal requirement. It is essential if you want to sell the horse, or it needs treatment from a vet. You will need to contact DEFRA for advice on this issue 08459 33 55 77.

If, following the advised time period for an abandonment notice, the equine is still on your land and no owner has come forward, your next action will largely depend on whether the equine is of high value or would be able to be re-homed privately, perhaps as a companion. By acting responsibly, keeping clear records and by giving the owner a clear time period to respond, you have covered yourself against a future claim. A court would see that a responsible owner should attend to their equine a minimum of once a day, so a notice in place for 14 (or even 21) days would be more than adequate warning for them to respond.

It would be unreasonable to expect the landowner to keep the equine indefinitely and after following the steps above, if the problem remains, it is reasonable to look to make alternative arrangements for the horse's future. If it is young or looks to be of value it would however be advisable to seek legal advice if you intend to sell on or castrate the animal. Some legislation requires the horse to be sold at 'open market' to ensure fairness. If sold to a private home it is advisable to obtain a valuation by an equine professional, and then from the sale you would be entitled to deduct reasonable costs. Any money left over should be kept for a period of six months in case an owner comes forward at a later date. This sounds unlikely, but some situations involve loaning out where the legal owner isn't immediately aware of the equine's plight.

Whatever course of action you decide to take, it is imperative to keep records of money spent or received, expenses incurred and actions taken (such as veterinary treatment, vaccinations, worming and so on) for several months afterwards. If an owner does come forward, you are entitled to ask for some compensation to cover your outlay, although this must be reasonable and not overinflated"
 
amymay said:
The YO can take a lien out against the owner for the pony in lieu of charges of livery, and keep.

I'm assuming from your post that the pony is now effectively on full livery, and either out at grass 24/7 or stabled for part of the day (with the YO doing the work, therefor full livery).

All YO has to do is google Lien of goods to get the information she needs to take action.

EDT: Just seen pony is not going out. YO is seriously failing here. Worm the poor creature and turn it out. It is in her duty of care, and there are no legal impliactions.

God this sort of thing absolutely makes my blood boil. YO's with little or no intelligence, and no balls to back up their actions.
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This... Providing there is no contract in place which defines an alternate method of chasing arrears...
 
rockysmum said:
If you want him, ask for the owner phone number.

Find out somehow how much is owned to the YO and offer to pay her off.

The owner will probably be glad to have it sorted and be debt free.

Most important thing is to get the poor lad out of there. Dark dirty stable with no turnout and inconsistent feeding. Poor little man.
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I was going to say something similar (I think) to this. Depending on the percieved value, find out how much is owed in fees, offer to take the pony off the owner in return for settling what's owed and give that amount to the yard owner. You may find that makes everyone happy.
 
Poor pony - I think the YO needs to get tough, maybe contact WHW for advise in this situation.
As for the worming, I wouldn't unless you use Panacur Guard.
If he's not had a worming regime and has a high worm count he could colic - especially with the likes of Promax as its so efficient at killing everything.
Hope its resolved soon, so no need for all of it
 
OP - please don't take legal advice from well meaning but untrained people, the YO needs to be clear on what contractual relationship she actually has with the owner and what steps can be taken in light of that. BHS legal helpline would be a good place to start. She does need to actually care for the pony while it is there, but what the situation really is we don't know as stories get reinterpreted from one person to another and you are someway down the line.

What you can do is see if the owner will sell to you, if that is what you want. I think I would be inclined to write to her if you can get her address as a phone call might not set the right tone for achieving your objective (ie could easily put her back up). I would simply state that you offer a good home, etc, what you would like to do with pony in the future, amount you think he is worth and your contact details. Don't make accusations against her. Also any sale should be a deal between you and the owner - you don't want to give opportunity for any claims later that she hasn't sold to you and if you didn't give her the money, receipted, you won't have proof that you did pay her for him. Passports are not proof of ownership!
 
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