Rant!!! Horse now being pts

amymay said:
LP - I expect this little horse is long gone..........


OP - did you meet this person prior to sending the horse there - and visit the yard in which it's being kept???
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I agree AM, sadly I wonder if this person was a dealer all along, just hope no-one gets seriously hurt and the horse gets a quality of life rather than being moved on for the rest of his life which the OP didn't want for him.
 
I hate all this bull***** with people arguing on being PTS.....

IF an owner FOR WHATEVER REASON decides its best to put a horse to sleep, then it is their choice. Rather that than being shoved around not knowing where it is going....

My OH has said if anything happened to him, what the heck would I do with all the horses? Most could be sold onto homes as they are all pretty good, sound, are ridden, blah blah blah...and although his Shire X is being ridden by a friend at the moment, he is getting on a bit, and if I couldn't afford to keep him, then I would have him PTS because he had a terrible past before we got him. I have no qualms at all in ending his life when he was happy, because we do NOT want him ending up as we got him, nasty, distrustful of humans blah blah blah....and we nearly had him PTS 6 months in because he was just too dangerous!

Now, people can comment all they want on this...but it would me MY choice, and my choice alone.
 
OP, I do wonder if in fact you have been done over by an unscrupulous dealer.
In your situation I would be straight in the car to the presumed location of the horse and check out the current story.
If he is still there I would say you don't really have much of a leg to stand on regarding your signed agreement, what a shame you didn't put the horse on loan instead.
On the assumption he is still there, and the current owner refuses to put ownership back in your name, then I would try and find out how they are re-advertising him. Then get a friend to act on your behalf, and put him down from friends yard.
 
ihatework said:
OP, I do wonder if in fact you have been done over by an unscrupulous dealer.
In your situation I would be straight in the car to the presumed location of the horse and check out the current story.
If he is still there I would say you don't really have much of a leg to stand on regarding your signed agreement, what a shame you didn't put the horse on loan instead.
On the assumption he is still there, and the current owner refuses to put ownership back in your name, then I would try and find out how they are re-advertising him. Then get a friend to act on your behalf, and put him down from friends yard.
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Or could you not just say a friend has offered a fantastic home for life..... then get your horse and PTS?
 
Hmm...having re-read the OP's responses and subsequent replies I have to admit that I'd also be concerned that this lady wasn't all she seemed.

The number of stories like this that have been reported recently has been one reason why I'll never let my retired-by-injury old boy go anywhere out of my sight as a companion (totally aside from the fact that I love him to bits
and would rather have him as a field ornament than not at all).

If she's all she said she was then she'll let you come and visit and discuss his future together- you're not going to get him back to PTS but it might set your mind at rest if you knew that she had his interests at heart (and it might change her mind if she knew your reasons...).

If she's not all she said she was and is in fact selling him on as fit to ride then she probably won't let you visit and then it's a hard lesson learned (and I would be scouring adverts looking for him and naming and shaming).
 
lochpearl said:
Then your vet is in the minority. If you were unable to look after a sick horse (OP's has kissing spines) due to finances or personal reasons, what would your vet do with the horse? They cannot refuse to put an animal to sleep because they 'think' it is ok.
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Exactly.

If the the horse is a retired and old equine and the owner fears the horse will be passed around, I don't think it's part of a vets job description to decide on the future or fate of the horse, or any horse for that matter.

This may sound bad but if I was a vet and most of my time was spent god for bid, having to putting horses down, to be honest I'd rather get called out to put down healthy horses than having to deal with poor old neglected welfare cases and lets face it, you see far too many of them at the sales and being passed around.
 
Mollylolly its not my intention to offend you with what I said however I felt your answer was very niave because a) you state your vet would not just put any animal down, havingt worked as a vet nurse for quite some time I can say that a vet will do what a owner requests and as you can see from what was posted it was far better for this horse than being past from pillar to post with issues.
and b) with suggested rehoming to a charity, they have so many more urgent cases to take on these days they simply can not take on animals because people can no longer keep them. That is what either retirement livery or being PTS'd is for I am affraid.
 
I can't help but wonder if this apparently lovely person who offered to take the horse as a companion was a dealer too, simply because I know of someone who got told exactly the same thing. A while she found out via the freezemarking company that it had almost immediately been sold to a young woman with two children (it had been having seizures and shouldn't have been ridden) who had been told it was a great jumper blah blah despite the fact it had been a plod for the original owner's novice husband and hadn't seen a jump in years. Most people who want a companion look for something small and cheap to run, and hence offer a home to a rescue case. I wouldn't be at all surprised if the horse has already been sold on and the wonderful home is covering their tracks.
 
Right, I would be down there in my lorry picking the horse up. but I also would have had a full loan agreement in place, not a "free to good home one". Nethertheless I would still be there first thing tomorrow with a lorry, and if ness. taking the horse straight to the knackers yard.
 
lochpearl said:
Unfortunately for you, you have given him to this lady 'free to a good home' shows this. Unfortunately again, the paper that you signed is not legal and unless you had it witnessed which sometimes still is a loophole in itself the lady can keep him and do as she wishes.

I really feel for you, but in the eyes of the law he is now hers. That being said - who has the passport and has anything been done re change of ownership?
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"Once you give you cant have back" is not a rule in English law, only in the playground. If there was no consideration for a "sale" (sale for £1 would still count, but there has to be something you get in return) then the "gift" of a free horse can be revoked, and ownership doesn't transfer.

It is also not true that for a contract to be binding it has to be witnessed. It doesn't even have to be written down (although obviously that helps from an evidentiary point of view). Clauses on a right to return of ownership are almost impossible to enforce on a sale, but as it doesn't sound like any sale took place here, your agreement would most likely be read as a funny wording for a permanent loan agreement.

I doubt you would have any problem legally stopping her from passing the horse on. However, if she is willing to find you a new loan home (and please draw up as a proper permanent loan next time for your own peace of mind) then why not let the horse have another go. Worst that happens is in a few months they decide they dont want him and you get him PTS then, and he has had a few more good months.
 
gnubee said:
"Once you give you cant have back" is not a rule in English law, only in the playground. If there was no consideration for a "sale" (sale for £1 would still count, but there has to be something you get in return) then the "gift" of a free horse can be revoked, and ownership doesn't transfer.

It is also not true that for a contract to be binding it has to be witnessed. It doesn't even have to be written down (although obviously that helps from an evidentiary point of view). Clauses on a right to return of ownership are almost impossible to enforce on a sale, but as it doesn't sound like any sale took place here, your agreement would most likely be read as a funny wording for a permanent loan agreement.

I doubt you would have any problem legally stopping her from passing the horse on. However, if she is willing to find you a new loan home (and please draw up as a proper permanent loan next time for your own peace of mind)
then why not let the horse have another go. Worst that happens is in a few months they decide they dont want him and you get him PTS then, and he has had a few more good months.
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thanks for this, the agreement was written and signed by us both which stated " free to good home on the understanding he must return to me and not passed on" no money exchanged hands and it wasn't just free to go home, it did state " to come back to me"
I think the thing I'm more worried about is losing contact with the horse cause off serious issues under saddle. And must not get into being ridden EVER.
Iv passed the field and he is there as it's local and looks the picture off health so happy there. I'm phoneing her in a bit to see if we can find a way around this to keep me, her and the boy happy HOPEFULLY fingers x hey
 
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