Please, can i have some opinions: LOANS!

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ellieplatt

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i had a pony out on loan on + off, because the owner wanted to sell her. first i had her on loan with a contract for one year. then at the end of the loan she took her back to her yard and tried selling her. she couldnt sell her, so she offerd her back to me on loan. so we took her on at the begining of the winter again. no contrat was signed. we loaned her for 4months, and at the begining of febuary she told us she wanted to put her back on the market at the end of the month. at the end of the month, she didnt tell us if she was selling her, so we carried on as normal paying for her ect.. then a few weeks into the month she aproched me and told me she had sold her. so from the i had no responsiblities for the mare. right, you've heard the story, now the dilema! - when she put her up for sale she should of taken the mare back, and the owner should of had full responsiblities. - full responsibilities includes paying livery. now the owner if refusing to pay livery bill for the month she was for sale. OPINIONS PLEASE!!!!!!!
 
Erm why should she of taken the mare back? why couldnt she sell her from your yard? you still had full use of the pony for the last month, dispite her being for sale, so why shouldnt you pay the livery bill?
 
Tricky one. Although the mare was for sale she could just say she sold it from your yard. As Lexiedhb said you still had full use of the pony.

It is bad however is she did not make you aware she was selling and offer to take her back. Where you offered first refusal on pony at all?
 
as the OWNER of the mare, it was her responsibilty to inform us when she was selling us, and of consulted us about what the circumstances were. im really in a dilema of how to handle this situation, any idea's anyone?
 
Who was using and looking after the pony whilst it was for sale .They are responsible for the bill I would presume.
 
Although I see what you are saying I don't think you can really insist on the owner paying last month livery.
I suspect the owner point of view is that she had left the mare with you on loan until sold, unless you had specifically agreed otherwise in a contract.
Next time, at the mearest hint of an owner wanting to sell a horse while it is on loan, get facts straight and in most cases send the horse back to them for them to deal with.
 
we were when she first took her back, but we couldnt afford what she was asking for the mare. the second time, we were'nt we had no idea when abouts she was selling her.
 
Technically she was still on loan to you, even though for sale without your knowledge. I would think you are liable for the livery for all the time you had use of her. I agree it was very bad of the owner not to let you know she was for sale and take her back.

Just curious: Did the new owner even go to see her on your yard or was she just sold unseen?
 
Had the owner taken the pony back once she put her up for sale, then yes she should have incurred all costs, however, from what I gather you had been using pony as usual, therefore were still loaning her and responsible for costs. I don't like the way the owner has treated you, but I don't think you will get the month's money back. Bad situation for you to be in.
 
I have read that a few times and I'm still confused
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Right basically if you using the pony...riding it, looking after it then you should pay.

If you had nothing to do with the animal and you were not going up to the livery yard (because you had no need to) and your YO knows you had finished having her on loan, then of course the owner should pay.

Sounds like the owner is taking your for a right mug if its the latter.

Hope you resolve things
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From what I understand you were half wy through the month when you were told that she was sold and not your responsibility.

if this is the case then from where I stand you would be responsible for the time you still had her on loan ie the 1st two weeks and she would be responsible for the last 2 weeks
 
While the owner has not handled this particularly well, in my opinion you are liable for all bills as you were loaning the pony. Has she sold the pony to somebody unseen then? Really you should have contacted her at the end of the month when she was goign to be selling to see what was going on, although she should have contacted you first about this. A tricky one, but I don't think the owner should have to pay.
 
yes :P i agree she was taking us for a right latter! - she was selling the mare, whilest we had to still pay feed, shoeing, livery ect.
 
Ok- so owner should of told you she was selling the mare......... that is wrong yes

YOU still had full use of the mare in the month before she was sold, so the costs are down to you............... if the mare had been sold one week into that month but you still had already paid a full months livery which couldnt be refunded then yes ok the owner should be responsible.

But as you are not actually out of pocket, as you would of paid for the mare for the last month had she of been staying with you, and you still had FULL use of her then I dont see how the owner is responsible.

How did the owner sell the mare without people coming to try her???
 
I would agree with this really, if you were using her as normal then you should pay if you had lost the use of her while she was being sold then her owner. Without a contract you may just have to swallow it, doesn't sound like it was a nice experience for you though :-(
 
yes, i do really need to have a thurro disscusion with the owner about this. maybe paying halfs on the livery bill, could resolve the problem. thanks for all the feed back to everyone, keep it coming!
 
If you had her shod pretty soon before she was sold I think you could justifiably ask for a contribution towards that as someone else is now getting the benefit of those shoes!
 
That sounds like a good compromise, are you still on good terms with the owner. Maybe just talking it through and coming to an agreement will be the best way forward. She's just sold a pony so should have some money to give you!
 
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yes :P i agree she was taking us for a right latter! - she was selling the mare, whilest we had to still pay feed, shoeing, livery ect.

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You see the thing is, if there was nothing in writing and you had wind of her trying to sell the mare before, but you still had full use of her despite the owner not telling you she was back up for sale, sold etc and as annoying as it is, really you still should pay.

But yes it must be very frustrating, sounds like you have been used a bit to get the pony fit for sale purposes plus paying for it as well, but if you were happily riding her and enjoying the mare then you did also get your side of the bargain, full use of a pony.

In a way you have both benefited from the situation but its a shame you were not fully informed of the owners true intentions.

Just one of those things in this case.
 
You say in your original post that the owner told you the mare would be going up for sale at end of feb.
This may sound harsh but you then took a bit of an ostrich attitude to the situation.
You had full use of the pony up until sold. You had ample opportunity to discuss situation with owner between feb and june but didn't.
Far as I can see you are responsible for the payment.
 
I agree with everyone else. Although the situation could have been handled better (on both sides such as a contract and you having more notice) you were told the mare was going to be sold and could of handed her back. But she should of kept you more in the loop of what had been going on.

From what I see you are still liable for all costs as you had use of the mare and not contract drawn up. Its pretty sh!t but I don't see a way round it.
 
no the mare was put back up for sale at end of feb, then sold within the first 2weeks of march! its been a problem about the bill since! .....?
 
Agree with everyone else. You had full use of the mare and she was still on loan to you, so you should have to pay, as normal. It would be a pretty wierd setup if you had full use of a horse, she was staying with you and you not have to pay a penny.

The horse I loan is up for sale too, and loaned to me on the condition that I have to accept it if he is sold. But I don't see why on earth I would expect someone else to pay my livery while I'm loaning him.
 
Is it a huge bill? what I mean is, is it really worth disputing over, was it summer turnout etc
Basically for what use you got from the pony if the bill not to bad anyway, then it may be as well just to pay settle it.
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[ QUOTE ]
You say in your original post that the owner told you the mare would be going up for sale at end of feb.
This may sound harsh but you then took a bit of an ostrich attitude to the situation.
You had full use of the pony up until sold. You had ample opportunity to discuss situation with owner between feb and june but didn't.
Far as I can see you are responsible for the payment.

[/ QUOTE ]

totally agree with this... sorry.

she said she was putting her up for sale at the end of the month, therefore you could have presumed she was for sale. she was sold. end of.

you had use of her until the day she was sold. i can't see how you think the owner should pay?
didn't she offer her to you first? if not, then that's where i think you've been treated unfairly.
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