Ownership / payment problems

[Lauren1993]

sooo a dilemma & ownership problem.

I brought a horse 2 years ago , I had an accident and was not able to care for him alone for a while so had help from a friend.
I then decide to sell the horse, I took a deposit and arranged for the new owner to collect him.
my friend who was helping care for him at the time asked me not to go ahead with the sale as she has a bond with him & would like him… she had no immidiate money but promised she would pay me in bits as & when she could.
As she helped me when I needed her I cancelled the sale and agreed.
since then she has moved him to a new yard … I do not know where & I’ve not seen him since & I have never seen a penny from my “friend”
I still have the horses passport as I thought until I have payment I’m not going to just hand it over.

where do I stand in terms of ownership , either getting the horse back or getting some sort of payment for him ?
Any help / advice appreciated.
Thank you.

 

[IveRunOutOfNamesToThinkOf]

I’m afraid you need a solicitor at this point

 

[AmyMay]

I’m afraid you need a solicitor at this point

And/or the police.

 

[Red-1]

I agree that you need a solicitor, however, as I understand it, the horse remains yours until the final payment is made.

Because the friend took the horse with your permission, this is not about the theft of a horse, it is a civil debt. The Police are not able to help with a civil debt, this is for the small claims court or a solicitor to handle. You can do the small claims court yourself, if you are confident, and as long as the horse is not high value.

If you find the horse and wish to reclaim your property as she has not paid, then the Police can attend to prevent a breach of the peace.

The passport is not a document to prove ownership and she could well have obtained another.

 

[meleeka]

It’s very easy to do a small claims https://www.gov.uk/make-court-claim-for-money

 

[nagblagger]

As said on the same post in the tack room, how long ago was he taken? how could you take a deposit from someone and then refuse to sell to them- if that had been me I would have been so upset, breach of contract. Find her and follow her? Report it as stolen. If you have the microchip number, check who it is registered to.

 

[Lauren1993]

It has been a year. I’ve contacted her several times to make some sort of payment.
I spoke to the lady a deposit was left by & she was fine, understood & refunded her deposit. she left a deposit on him unseen so hadnt made any bond.
I could find him but what can I do when I’m there ?! Just take him
I have his passport & microchip details - he is registered under my name.
He was brought as an unhandled 3 year old colt - I had him delivered, seen by the vet, microchipped, passported & gelded soon after having him.
so he wasn’t much to buy - £800
Then all the vet fees ontop
My concern is she will claim costs for his care since.
I mean in the best interest of the horse he is happy where he is - do I just hand over the passport & suck it up or ask for some sort of contribution towards his costbefore I give the passport.
if not then ask for him back.

 

[Red-1]

It has been a year. I’ve contacted her several times to make some sort of payment.
I spoke to the lady a deposit was left by & she was fine, understood & refunded her deposit. she left a deposit on him unseen so hadnt made any bond.
I could find him but what can I do when I’m there ?! Just take him
I have his passport & microchip details - he is registered under my name.
He was brought as an unhandled 3 year old colt - I had him delivered, seen by the vet, microchipped, passported & gelded soon after having him.
so he wasn’t much to buy - £800
Then all the vet fees ontop
My concern is she will claim costs for his care since.
I mean in the best interest of the horse he is happy where he is - do I just hand over the passport & suck it up or ask for some sort of contribution towards his costbefore I give the passport.
if not then ask for him back.

Yes, you could just take him. For my own peace of mind, I would call and create an incident with the local Police so they are aware of the situation if a call should come in.

As to the other options, that would be up to you. It may be less hassle to simply let it go, as the person did help you out when you needed it and you believe the horse is happy. Or, go the small claims court route.