Old owner wants horse back!

[mosspe]

.... He was delivered by previous owner with no notice and also no tack or rugs or anything that belonged to him. He was in very poor condition. There were witnesses to his abrupt arrival.
...

sounds like a case could possibly be made for abandonment then?

I agree with all that has been said before, total up your costs to demonstrate that you have acted in capacity of ownership and tell her to take you to court - in fact, if I was you I might be tempted by a pre-emprive strike and get a solicitor to knock out a letter askinf for court time for recovery of costs/stress/mental anguish claim - harsh I know but might make her back off.

good luck!

ps dont forget to counter-claim for ALL time which you have spent on the rehabilitation of the horse, at a reasonable rate. I would see the lack of a contract (sale or loan) which she is now trying to manipulate as an oppertunity to "ramp up" the counter claim, in terms of "we verbally agreed that you would retrospecivly cover all costs associated with rehabilitation of the horse, which I now cost at £xxxxx. However if you are now unwilling or unable to meet these costs then I would be happy to take the horse in PARTIAL payment of services, along with a reduced payment of £xxx." See what she makes of that.

 

[LaurenM]

Be careful though - she may have access to the forum. Hope it ends well for you.

 

[Groom42]

Lots of good advice here, but very important.......MOVE IT!
This is not being "sneaky" or dishonest in any way. There is a civil dispute over ownership of a horse which owes you a considerable amount of money. You are exercising something which is known as a "Legal Lien".

 

[Kaylum]

Have you got any photos of the horse when it arrived? If so that will also be good evidence.

 

[njw05]

This shockiingg, Ihope everything works out and u get to keep him. It will be hard to prove that he was given to u but hopefully if u show her all your bills and tell her to pay them she may back off. Let us know what happpens

 

[superted1989]

There has been a recent issue here on IW with 2 donkeys being 'gifted' to the donkey sanctuary. The ex-owners couldn't look after them anymore, financial I think, donkey sanctuary had room and took them in, then said donkeys became part of the herd with top rate care etc. A few years later, the ex-owners are back on their feet and want the donkeys back. The sanctuary refused, ex-owners kicked off but it has been ruled that the sanctuary are now the legal owners. It was front page of our local paper, I'll see if I can find the link.
Hope it all works out for you.

http://www.iwcp.co.uk/news/news/donkey-row-couple-get-legal-action-warning-27477.aspx

Where does time go! I would have sworn this happened just months ago, lol!

 

[Oscar]

If it were me I would have said "Sorry love, but I sold him last week... dont have their details anymore.... Goodbye!"

Also, does the friend who verbally told you about the horse, still recall the conversation etc and are they willing to back you up?

 

[Baggybreeches]

A similar thing happened to me, to cut a long story short I let the guy take the horse on the basis that he deposited £3.5k with my solicitor to cover expenses and schooling livery. 4 days later he came and asked me to buy the horse which had 'gone mad' and nobody could catch! I offered him £2.5k and he took it!
First thing is get yourself a solicitor who knows and understands the horse world!

 

[JanetGeorge]

Also, does the friend who verbally told you about the horse, still recall the conversation etc and are they willing to back you up?

It actually doesn't matter!! Having been involved in two of these cases, it really doesn't matter how the OP came into possession of this horse - as long as he was not stolen - and as long as there is no proper loan agreement in place.

The horse has been given away (to the OP) - either as an intended gift - or by abandonment. The OP has cared for him, paid all his bills etc etc. for 3 years! End of! NO judge would accept that you'd do all that without believing you owned the horse, UNLESS there was a proper loan agreement!

Move the horse (in case ex-owner tries to steal him back when YOU will have to take the court action) and send her a letter by recorded delivery pointing out that she gave you the horse, that you paid all his expenses and cared for him diligently AS your horse - and that if she tries to get him back, you will be seeking recompense for expenses totalling £xxxxxxx. Then wait for her to take legal action! It would be a Small Claims case so you don't need to run up legal fees!

 

[CatStew]

I have no suggestions for you but just wanted to say that I feel for you! What a truly horrible situation to be in! Human beings can be disgraceful to one another at times, it's what's wrong with the world!

I hope everything works out for you, there is some cracking advice on here!

 

[AnotherNewbie]

I've been following through here, and just had a slightly different idea....get the vet on side. I assume the horse will have been seen by a vet a few times in the last 3 years with vaccinations and things. If they can also back you up that the horse was 'abandoned' with you in a poor condition, and that you have brought it back to health, than thats got to help as a professional opinion.
Not quite sure how to word it, but hopefully you get my drift!!

Good luck with this, i feel for you, keep everyone posted!

 

[BonneMaman]

happened to a girl on my fiends yard last year- her solicitor told her to move the horse to a location unknown to the previous owner until the situation was resolved. Was there an advert online or anywhere advertising the horse 'free to good home?' this is the evidence that helped the girl keep the horse on my firends yard. Ultimately it was up to the previous owner to prove that she still owned him. The fact that you've agreed to the £1000 wont help you to be honest. But I would move said horse untill the situation is resolved.

Moving her is a very good idea! It is certainly something I would consider if you yard is not secure. At this time of year you could just find a field to put her in temporarily while all this is sorted out.

 

[equinim]

go to court
i am going through same thing
i was given a horse as if i didnt take it it would b shot.
i took horse on and started to break her in but she was very difficult. put her on loan to a stud for 18mnths for them to breed foal.
they have contacted old owner and she is now saying i had horse on loan (no loan agreement exixts).
i have been told by solicitor to take it to court requestingeither.
1) horse is signed over to me
2) she pays rehabilitation livery costs.

good luck

 

[amyc123]

Can anyone offer me some advice please?

Almost 3 years ago I was given a horse who was offered to me as "free to a good home." The previous owner had bred the horse herself and had found herself in a position where her health unfortunately prohibited her from having the time to look after and do a great deal with him. She could not bring herself to take any money for him and agreed that if she could find a good home for him then she would literally give him away.

The horse was dropped off with no notice and left at my friend's yard so I assumed the previous owner was desperate and took the horse on with no question. He was not in great condition but I saw some potential in him as he was sweet natured. After corrective shoeing, a lot of care, love attention, change of feeding routine and training and exercise I managed to straighten out his walk, improve his condition and get him showing to a really good standard. He now hunts safely, jumps to 1m high and always gets placed in showing classes. He is a really good all round horse and I love him to pieces! I have covered the cost of all of the livery and vet expenses.

2 weeks ago the previous owner called advising the horse was for sale and asking whether I would pay £1k for him (bearing in mind he will be worth a lot mor than that now!). She said the horse was never "free to a good home" and that I have only ever had him on loan. I would not have spent the thousands of pounds I have spent on someone elses horse and NEVER agreed to a loan agrement. After a discussion I agreed to pay her the £1k providing she left us alone it moving forward. 2 weeks later (whilst I was trying to scramble together the money) she called again saying she was coming to collect the horse the following morning and that she no longer wanted to sell the horse to me. I refused her entry to the yard until I have saught legal advice as I see the horse as my own and have no idea what to do!

Has anyone else had a situation like this before who may be able to advise me?

Thank you!

Hiya just wondering what the outcome of your situation was? I’m in a similar situation now unfortunately

 

[shamrock2021]

Didn’t now you can reply to threads this old. I recommend you get legal advice . I would probably start a new thread it will give you more update advice.

 

[The Fuzzy Furry]

Hiya just wondering what the outcome of your situation was? I’m in a similar situation now unfortunately

That poster hasn't been on line since May 2011. Perhaps try starting your own thread as suggested above?

 

[amyc123]

That poster hasn't been on line since May 2011. Perhaps try starting your own thread as suggested above?

Thank you!