Permanent loan agreement dispute

[Poppyalfiemoon26]

following from my last post. If some of you re call I’m collecting my horse today due to him being lame and they not telling me.
the mother of the loaner is saying she’s taking me to a small claims court.
she wants her money back she spent at the vets.
the horse is supposed to be insured as states in the contract also is states I’m supposed to be told about any illness.
she’s send me so many awful messages she’s harassing me.
can she take me to small claims?
She’s also getting quite threatening saying if I disrespect her on Facebook she will sue me.
please help

 

[dogatemysalad]

Her aggressive reaction to the end of the loan is an indicator that your horse is better off returning to you.
Keep your documents in order. The contract, emails and screenshots, along with records of your own vet examining the horse. If she makes a claim in the small claims court, she will need to have her own evidence of vet expenses and the reason why she failed to have the required insurance. It may also be useful if it shows that she never sought treatment when the horse required a vet.
That aside, whilst the horse was loaned to her, she was responsible for the cost of treatment anyway. If she broke the terms of the contract, her threats are worthless.

 

[Cherryblossom]

Assuming your contract said she was responsible for paying vet fees and that it also gave you the right to terminate the loan, then there’s nothing she can do. As you’re not giving her notice, I would pay her livery for this month, but other than that, just hold your nerve and don’t let her intimidate you.

 

[ownedbyaconnie]

As above I think you have a strong case should she take you to small claims and she’s just trying to bully you.

Personally if it was me, she could sue me for as much as she likes, the way she is acting means having my pony away from her and home with me would be priceless!

 

[mossycup]

She's just being a bully. Don't respond. Keep a note of everything but like heck will she take you to court - this is merely an intimidation tactic. Get your horse today then block her number

 

[CanteringCarrot]

Basically, anyone can take anyone to small claims court. However, it doesn't mean that they will "win" as many seem to forget this thing called the burden of proof and actually having a case People love to threaten going to the courts. Love it. Don't be intimidated by it.

Document everything. Don't mention anything on Facebook, it's not worth it, really. If you you, be truthful and have evidence to back up your claims.

If you know your contract, and it's clear that she violated it and neglected certain responsibilities, then you definitely can and should take back the horse.

You could also have a case, for a few reasons, but probably not worth pursuing, depends on your resources.

Anyway, take back the horse, deal with the rest of the BS and threats later. Some which may never acrually materialize.

 

[Poppyalfiemoon26]

thanks everyone. I’m exhausted from the constant threats will be glad when he’s home safe today xx

 

[asmp]

Good luck for today

 

[Ambers Echo]

What a nightmare for you. Your instincts about the welfare of the pony are spot on and you're doing absolutely the right thing getting him. Sorry they are being so vile but you are fully entitled to terminate the contract and have nothing to worry about legally.

 

[rabatsa]

I hope his coming home today goes smoothly.

 

[Surbie]

Good luck for today and I hope it goes smoothly.

 

[ihatework]

Keep it off Facebook - that never ends well. Just go and get your horse. Keep a record of the T&Cs she has broken in your loan agreement (I assume you have an agreement?), collect your horse on welfare grounds - good luck. Sounds like the mother is just shocked and angry and embarrassed, mouthing off is her go to response.

 

[neddy man]

If still lame when arriving back take a video as proof and to show you were legally right to remove him from their care.

 

[The Bouncing Bog Trotter]

Take screenshots of all the conversations and ensure you have kept them safe, in case she decides to delete the conversation (and your evidence). I have 2 email addresses and I email important documents to myself, that way I have 2 copies: 1 in my my inbox and the other in my sent box.

Don’t be negative on social media and be strong today, don’t argue or engage with her. Just collect your horse and go. If the loan contract says she has to insure, then the vets bills can be claimed (maybe at some point offer to cover half of the excess) if she hasn’t insured, then that is her problem. . It sounds as though she is Cherry-picking the contractual terms that suit her.
I hope it goes well.

 

[Berpisc]

Good luck today, all sound advice above.

 

[Melody Grey]

I think the outbursts are a reaction to a situation that you’ve taken out of the loaner’s control. Ignore it. I’d be surprised if it came to anything once the dust has settled.

 

[Patch55]

Nothing more of any use to add, same as above. But just wanted to wish you luck with the collection today, I hope it goes well for you. Maybe take a pair of headphones and pretend to plug in and listen to music as you go about your business there if mum gets gobby.
Chin up chuck x

 

[I'm Dun]

Good luck today. I hope it all goes smoothly.

 

[Poppyalfiemoon26]

Thanks everyone will keep you all posted

 

[Sossigpoker]

Hope you get the pony.
Once collected, just STOP communicating with her. Do NOT reply to messages, fb posts, emails etc. She will soon stop. I will eat my shoe if she will take you to small claims court and if she did , unless there is a signed agreement saying you will refund any vet costs occurred, she will lose.
But the more you respond , the worse she will get. Facebook wars only happen of you choose to take part . Dont sink to her level and just ignore all communication and any crap she might write on Facebook.

 

[BatHorse]

Best of luck with the collection today. Sounds like she's just trying to bully you, get your pony then stop all contact with her

 

[Casey76]

Best of luck for today. Hope it all goes smoothly for you and pony.

 

[MiJodsR2BlinkinTite]

Good you're getting him home!! Hoping all goes well.

The loanees have clearly broken the terms of the agreement i.e. that they should have notified you that the horse was lame. End of.

If there is insurance taken out and in place then they can make a claim by all means; however if they broke the terms of the loan agreement then they may find the insurance company tells them to jog on!

Once you've got your boy home, and he's safe, then let this woman rant and rave all she likes, it need not affect you.

If she is Messaging you then you can Block her, simples. Best thing is to TOTALLY ignore her, whatever she says and whatever she threatens. People like this just wallow in the attention that a social-media-spat will give them and they will get their spiteful little harpies to support them as well. Don't go there, just ignore anything and everything she says, no matter how vile it is, on social media. Keep media silence! Because you will be doing the worst thing possible if you respond to it in any way. She will get fed up with it if she doesn't get any attention from you.

There is an old saying which goes something like (if I remember it right) "let him who goes to court count the cost". So OK then you call her bluff, by all means tell her she's welcome to have her day in court!! Don't let her intimidate you coz I betcha that if she sits down with a cool head and thinks about it (and/or has legal advice of any sort) then she'll come to the conclusion this is a bad idea.

I sense that you are very stressed about this whole thing; my heart goes out to you. I had to get my old boy back from a toxic loan situation and it is never pleasant.

 

[Winters100]

She won't take you to the small claims court in my opinion. Even if she did she would not really have a case. She paid vets bills while the horse was in her care which was as per the loan agreement. The only thing she can claim is loss of use of the horse for a month due to no notice period. I can't see that standing up since termination is a welfare issue, and even if it did what value would the court put on loss of use of a lame horse for a month?

It is all just nonsense, collect the horse and then cut all contact, block her on social media and do not answer any other messages. Remember that bullies thrive on getting a reaction, so don't feed the flame.

Check that your address in the contract for serving notices is up to date, then if she wants to contact you it has to be in writing as per the contract.

When you collect the horse stay calm and composed, ideally take a friend with you. If she makes threats just say very calmly 'you've already told me that this is going to court so I am not going to discuss the matter now, the court can sort it out'

Good luck, and please try to not let this get to you too much, because really she does not have a leg to stand on.

 

[Poppyalfiemoon26]

So the daughter was there not the mum and she was so kind and loved and totally understood. Was clearly upset who would be. She truly was lovely.
I have stopped responding to the mother.
horses looks rather to well tbh but he’s safe and on his way home.
thank you all so much for you’re support xx

 

[Tiddlypom]

Excellent news, thanks for the update.

You may want your vet to come and give him the once over once he's home, both for your own piece of mind and just in case the former loaners start any silly business.

 

[Reacher]

well done, glad pony is home safe

 

[Pearlsasinger]

I'm glad it all went smoothly.

 

[PurBee]

Glad you got pony home safe.

For your protection take good quality close-up pics and video of his condition today. If loanee tries anything legally you’ll have documented proof what condition he was in before loan and after loan - aswell as breach of contract.

I doubt youll need proof, as others said, loanee just threatening stuff as an emotional reaction to her failure....but always handy to have proof if ever you should require it.

Hope you enjoy your pony now he’s back!

 

[throwawayaccount]

block her / move on, and echo what other members have suggested,

essentially the contract became void when she started breaking it ..

glad pony is home safe!