Owner won't take loan pony back!!

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annabelle01

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Any suggestions to this problem welcome - Had a pony on loan from a friend, we've outgrown him so rang her in November to say that sadly we had finished with him. Since we took him on, she has moved house and no longer has stabling/land. We're now the 1st March, she's done nothing to find him a new home (I've sent circular round Pony Club and put the word out), and she's avoiding my calls. Short of dropping him off at her new house, don't know what to do (I'd never be that cruel!!). Having to continue feeding him, shoe him (cos lamanitic) and now have 3 ponies (daughters new one and companion pony). All getting very expensive and 3 ponies a lot more work that just 2!! Wouldn't mind having him so much if she was actually communicating with me and actively trying to help me rehome him!! Any ideas?
 
Have you tried sending a registered letter saying that as you have given plenty of notice from date x you will be charging her for the care of the pony? Might get her in gear.

Are you a member of BHS - If you are try the legal helpline. You may need to serve an abandonment notice on her to make her realise she needs to do something.
 
annabelle01 said:
Any suggestions to this problem welcome - Had a pony on loan from a friend, we've outgrown him so rang her in November to say that sadly we had finished with him. Since we took him on, she has moved house and no longer has stabling/land. We're now the 1st March, she's done nothing to find him a new home (I've sent circular round Pony Club and put the word out), and she's avoiding my calls. Short of dropping him off at her new house, don't know what to do (I'd never be that cruel!!). Having to continue feeding him, shoe him (cos lamanitic) and now have 3 ponies (daughters new one and companion pony). All getting very expensive and 3 ponies a lot more work that just 2!! Wouldn't mind having him so much if she was actually communicating with me and actively trying to help me rehome him!! Any ideas?
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I don't know about on loan, but with liveries, we have a clause stating that if there is no payment made over a certain threshold we have rights to sell the horse (I'd never want to be in that position but if you are paying for keep that you shouldn't be, may come to it?) this is on the template agreement on BHS site.

Personally I'd send a recorded letter (keep copy and PoP) or email (my preference) give her 30 days to respond. If no response, send a second with 14 days to respond and state that if no contact or conclusion had been made you would be putting the horse up for sale. Even if you don't do it, it may be enough to prompt her to come and collect?

Pan
 
I agree with the recorded letter.

You have notice in November - so she now owes you 3 months livery and associated costs (make sure you have the bills saved).

In the recorded deliver letter give her a date by which you expect the pony to be collected (needs, I think, to be another months notice) and inform her that is she doesn't collect the pony and pay what she owes you you'll take her to court for ownership of the pony and to recoup associated costs.

But of course, BHS advice line would be the best place to go.....
 
amymay said:
I agree with the recorded letter.

You have notice in November - so she now owes you 3 months livery and associated costs (make sure you have the bills saved).

In the recorded deliver letter give her a date by which you expect the pony to be collected (needs, I think, to be another months notice) and inform her that is she doesn't collect the pony and pay what she owes you you'll take her to court for ownership of the pony and to recoup associated costs.

But of course, BHS advice line would be the best place to go.....
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^^ This ^^
 
It amazes me how often you hear this. A friend of mine has an abandoned horse at her yard, it was left there to sell. It went lame and the owner has just dumped it there. It's been a year now !
 
It really depends what your loan agreement was TBH. Looking as this as an outsider without the facts. By saying things like "we've finished with him" You could be seen as the one trying to dump the pony as you've got another one now. Some of the posts make this sound like an abandoned animal, which isn't the case.

Sorry just trying to be objective.
 
lazybee said:
It really depends what your loan agreement was TBH. Looking as this as an outsider without the facts. By saying things like "we've finished with him" You could be seen as the one trying to dump the pony as you've got another one now. Some of the posts make this sound like an abandoned animal, which isn't the case.

Sorry just trying to be objective.
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But that's irrelevant - the pony was on loan, and the loaner was free to return the pony when ever she wanted (if, of course, those were the terms of the agreement).
 
Was there a written contract between both parties and what did it state?
The solution is quite simple (provided it is not excluded by the terms of the contract) and that is that you write to the owner again by Royal Mail Special Delivery so that there is no doubt they received the letter stating that as from a certain date the owner becomes responsible for all the bills until they take the pony.
 
Was there a loan agreement? or was it only verbal between friends? If no agreement, it could be tricky. She may say she had given pony to you?
It might be worth you sending her a recorded letter asking her to confirm ownership and if she wishes to sign the pony over to you? If you hear nothing from her and sell the pony then she finds out it may be you in trouble and owing her money from the sale?
 
lazybee said:
It really depends what your loan agreement was TBH. Looking as this as an outsider without the facts. By saying things like "we've finished with him" You could be seen as the one trying to dump the pony as you've got another one now. Some of the posts make this sound like an abandoned animal, which isn't the case.

Sorry just trying to be objective.
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Unless I'm mistaken that's part of the appeal of a loan. You have the horse without the massive longterm commitment to a pony which is going to be outgrown etc. The responsibility of the horse is down to the owner, the OP has given them 4 months notice with no response.

In terms of selling, check with BHS, I seriously doubt that they would have it on their template yard agreement if there wasn't some standing legally. If the OP proves it has paid off bills then she probably wouldn't be liable. BHS says that you keep the sale money for moneys owed and return and monies over the top of that. I would definitely ring them though.

Pan
 
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