Owner won't take loan horse back - keep or PTS!

[meleeka]

I can't help but feel I would be giving in to emotional blackmail and that this would be the last I'd hear from the owner. It seems very unfair and no one deserves this, least of all the horse, who will only be PTS if it faces a life of pain and it is the right thing to do - even then, I will not be doing that unless I have officially transferred ownership.
Thank you all.

You said you would be the owner by transferring ownership, so I think you’d be well rid.

 

[Tiddlypom]

Our local vet is an equine specialist who can do a lot and has been truly brilliant, but we live in a rural area and our nearest specialist is a 3/3.5 h drive.

An equine specialist ought to be able to medicate the SI joint at your yard.

It was a former Leahurst vet who told me about this being an option.

 

[AstonishedTrowel]

An equine specialist ought to be able to medicate the SI joint at your yard.

It was a former Leahurst vet who told me about this being an option.

I did ask her and she told me she has never done it before/couldn't do it, nor does she have the equipment/facilities to investigate further so I left it there. It is a VERY small practice and she's actually the only equine vet in quite a large area!

 

[Kat]

Thank you, everyone, for taking the time to comment, I was looking for opinions and I guess I got them, whether they were pleasant or not (this horse has never been treated as an object by me and never will, It's a shame I can't say the same for it's owner)! After looking at PSSM the horse doesn't fit any of the symptoms aside from hind limb lameness - which is not intermittent, so I'm not too sure on that one.
I like the horse and have always given him the absolute best I can (already footed some decent bills) although I wouldn't say I love him to death and we're not a perfect fit, he owes me absolutely nothing. After reading my contract in detail, because the owner will not accept the horse back it has become my right to take ownership and have it put into my name should I wish. If the owner had been transparent and honest with me from the beginning then perhaps we wouldn't be in this situation, but hindsight is 20-20...
Our local vet is an equine specialist who can do a lot and has been truly brilliant, but we live in a rural area and our nearest specialist is a 3/3.5 h drive. I am now going further afield for transport options (self-drive would be the last resort, I've been driving a car (poorly) for less than 2 years...) but I can't help but feel I would be giving in to emotional blackmail and that this would be the last I'd hear from the owner. It seems very unfair and no one deserves this, least of all the horse, who will only be PTS if it faces a life of pain and it is the right thing to do - even then, I will not be doing that unless I have officially transferred ownership.
Thank you all.

ETA: I am paying the insurance but sadly transport is not covered. My contract is the standard BHS loan agreement, so:

"5.1 In the event that the Horse sustains an injury or develops an illness that will prevent it from fulfilling the purpose set out in clause 3.3 for a period exceeding 30 days the Borrower may terminate the agreement and return the horse.
5.2 In the event of the Horse’s death the Owner will be responsible for any euthanasia and disposal expenses."

I will not be putting the horse to sleep (for moral and legal reasons), if he has to return to the owner and that's what she wishes to do then that's extremely sad, as she bred it and produced it from day 1.

Could you post your rough area on here, someone might be prepared to help you either with transport or by recommending a vet who could inject the SI at home.

 

[Kat]

I did ask her and she told me she has never done it before/couldn't do it, nor does she have the equipment/facilities to investigate further so I left it there. It is a VERY small practice and she's actually the only equine vet in quite a large area!

It might be cheaper to pay a vet from further afield to travel to you than to transport the horse.

 

[Charley657]

Thank you, everyone, for taking the time to comment, I was looking for opinions and I guess I got them, whether they were pleasant or not (this horse has never been treated as an object by me and never will, It's a shame I can't say the same for it's owner)! After looking at PSSM the horse doesn't fit any of the symptoms aside from hind limb lameness - which is not intermittent, so I'm not too sure on that one.
I like the horse and have always given him the absolute best I can (already footed some decent bills) although I wouldn't say I love him to death and we're not a perfect fit, he owes me absolutely nothing. After reading my contract in detail, because the owner will not accept the horse back it has become my right to take ownership and have it put into my name should I wish. If the owner had been transparent and honest with me from the beginning then perhaps we wouldn't be in this situation, but hindsight is 20-20...
Our local vet is an equine specialist who can do a lot and has been truly brilliant, but we live in a rural area and our nearest specialist is a 3/3.5 h drive. I am now going further afield for transport options (self-drive would be the last resort, I've been driving a car (poorly) for less than 2 years...) but I can't help but feel I would be giving in to emotional blackmail and that this would be the last I'd hear from the owner. It seems very unfair and no one deserves this, least of all the horse, who will only be PTS if it faces a life of pain and it is the right thing to do - even then, I will not be doing that unless I have officially transferred ownership.
Thank you all.

ETA: I am paying the insurance but sadly transport is not covered. My contract is the standard BHS loan agreement, so:

"5.1 In the event that the Horse sustains an injury or develops an illness that will prevent it from fulfilling the purpose set out in clause 3.3 for a period exceeding 30 days the Borrower may terminate the agreement and return the horse.
5.2 In the event of the Horse’s death the Owner will be responsible for any euthanasia and disposal expenses."

I will not be putting the horse to sleep (for moral and legal reasons), if he has to return to the owner and that's what she wishes to do then that's extremely sad, as she bred it and produced it from day 1.

Does it actually say in your loan agreement that the horse will automatically become yours if the owner refuses to take it back? I would read it very carefully and honestly I would end the loan agreement and let the owner take it from there. Its one thing for them to say they don't want their lame horse back but if you call their bluff they will be forced to make decisions for their horse.

I wouldn't assume that the horse automatically becomes yours - that would be a huge mistake to make OP. I hope things work out for you and your boy.

 

[mariew]

From a slightly harsh perspective, if you loan your horse out you have to be prepared to take it back for any reason. As a loaner it's kind of why you would loan? If you can no longer keep it for whatever reason you should be able to send it back.

I'm going against the grain and I'm not sure I would knowingly seek to buy a potentially crocked horse unless I had money to throw away. By all means if insurance covers the investigation I would at least do that first to see if it is an easy manageable issue.

 

[SEL]

From a slightly harsh perspective, if you loan your horse out you have to be prepared to take it back for any reason. As a loaner it's kind of why you would loan? If you can no longer keep it for whatever reason you should be able to send it back.

I'm going against the grain and I'm not sure I would knowingly seek to buy a potentially crocked horse unless I had money to throw away. By all means if insurance covers the investigation I would at least do that first to see if it is an easy manageable issue.

I was thinking along the same lines - I'd investigate up to the insurance level but ultimately this is the owner's responsibility.

 

[AstonishedTrowel]

It might be cheaper to pay a vet from further afield to travel to you than to transport the horse.

Oh! Honestly, that's not something I had considered might be an option. I *think* we're too far away for any of the vets that would offer that, but it's certainly something I could look into, thank you!

 

[AstonishedTrowel]

Does it actually say in your loan agreement that the horse will automatically become yours if the owner refuses to take it back? I would read it very carefully and honestly I would end the loan agreement and let the owner take it from there. Its one thing for them to say they don't want their lame horse back but if you call their bluff they will be forced to make decisions for their horse.

I wouldn't assume that the horse automatically becomes yours - that would be a huge mistake to make OP. I hope things work out for you and your boy.

The contract states that if the owner won't accept the horse back I may transfer it into my name and sell on, whether I actually do so or not is an entirely different question. I don't plan on doing so and would not offer to buy the horse either, as the can of worms then legally becomes my can of worms... As selfish as it sounds, having the legal option to return the horse to the owner, should I perform investigations and find out that the horse cannot be ridden, is an option I want to keep.

 

[Charley657]

The contract states that if the owner won't accept the horse back I may transfer it into my name and sell on, whether I actually do so or not is an entirely different question. I don't plan on doing so and would not offer to buy the horse either, as the can of worms then legally becomes my can of worms... As selfish as it sounds, having the legal option to return the horse to the owner, should I perform investigations and find out that the horse cannot be ridden, is an option I want to keep.

I dont think its selfish at all, its in your contract for a reason and one of the benefits of loaning a horse as opposed to owning it.

 

[Polos Mum]

Quite an unusual clause and as you have described it the owner can force you to become the owner by refusing to have the horse back.

So it's your can of worms whether you want it or not - sadly.

 

[AmyMay]

What part of the country are you in op?

 

[ILuvCowparsely]

Hi all!
I've had a horse on loan for about 1.5 y, he recently came up lame and after vet exams (by our local surgery) we suspected hock arthritis - the horse is insured so our local vet injected the joints with steroids as I wanted to give him a chance. All with the owner's permission.
Since then, the horse has not come sound, local vet suspects SI issue but is not equipped to diagnose or treat. Sadly, I do not have the transport, time or facilities to do this for the loan horse, especially as he isn't mine.
After a lot of crying, I have contacted the owner who informs me they won't take the horse back/get it treated and that the only other option is that I PTS.
I am gobsmacked. I wasn't even asked for the vet records or for contact information so that the owner could speak to my vet.
We had a standard BHS loan contract in place which ended Dec 2020 and via e-mail was extended for "as long as I want him" - so I am unsure where I stand with this, though I am willing and prepared to give a full month's notice.
I am so heartbroken, I have the horses best interests at heart and want to advocate for him, but I can't do this to my own detriment. I loaned the horse as a riding horse and it is no longer fit for purpose (doing my best to keep as anonymous as possible).
Any and all advice is welcome, please.
Thank you

AS others

Offer a £ 1 to take the horse off her hands, then hiring a box is not that expensive for the day, only thing is if you do that her insurance company may terminate the insurance unless she agrees to change it into your name, I would look into this before you do anything.

Then you have sole charge of the horse.

There was a beautiful golden Buckskin here on livery who was on loan to my livery, she went lame, and went back to the owner, no investigation done. The owner just put to sleep, as I find in some cases hunting people do not o or urge do do anything to treat. Don't shoot me as I am sure there are many who would but in this case not.