Returning a loan pony

[Bonkersboxers]

Looking for advice please.

I was in talks with someone over loaning a pony from them, as they were so far away (6 hour journey with the trailer, then same for returning home) the owner said that they were willing to meet us half way, I said half way wasn’t necessary but if they could meet us at a specific point (an hour and a half for them, 4 and a half for us) that would be doable.

So picked the pony up at agreed location on a one month trial, they sent me the contract a week before picking pony up, which I verbally agreed to. As we were on the way to pick up the pony we were sent another contract on an email and the value of the pony had increased by £2.5k. (The pony is currently not worth this amount of money) when we arrived the pony was a mess, un-trimmed feet, splint, bald patches and a vitamin deficiency (photos taken at time of returning to our home)

A week later it is evident that the pony isn’t fit for purpose, it was for my daughter to ride, but upon putting her on the pony for the first time, the pony went up on its hind legs, flipped over, crushed my daughter on the floor and damaged my show saddle. My daughter was rushed to hospital and thankfully was unharmed apart from cuts and bruises. I don’t know how!

Messaged the owner after we came out of hospital to tell them what had happened and that the pony needs to come back, we set a date for the pony to return as this Saturday. I have messaged the owner to arrange time to be at the same meeting point and they are now saying that I need to take the pony all the way to the yard where it will be stabled. I have told them that it isn’t possible for me to do the full journey as I will be on the road for 12 hours in one day. They are saying they can’t get hold of a lorry to borrow and they won’t contribute to a transporter, if they can’t borrow a lorry I have to take the pony all the way.

So my question, can they do that? If the original agreement was at that specific meeting place am I within my rights to say that’s as far as I’m willing to travel? There are other options out there to hire a box for example. I just feel that they were helpful when the pony was leaving and not so helpful when the pony is being returned.

Thanks in advance for your help.

 

[PinkvSantaboots]

I think if you want rid of the pony you might just have to drop it off, but I think the stubborn side of me would be inclined to say they need to collect it now as they are being unreasonable and see what they say.

Is there nothing in the contract about the return of the pony and what should happen?

 

[Clodagh]

I think if you want rid of the pony you might just have to drop it off, but I think the stubborn side of me would be inclined to say they need to collect it now as they are being unreasonable and see what they say.

Is there nothing in the contract about the return of the pony and what should happen?

But then you’ve got to pay and look after it.
OP I think you were very brave loaning a child’s pony without seeing it ridden, I’m glad your little girl is ok and tbh is just bite the bullet and take it back ASAP.

 

[Parrotperson]

What does your contract say about returning the pony? I’m afraid if not previously agreed you can’t really say ‘well this is what we did when we collected it’. Returning it should have been discussed or in the contract. For all you know they don’t have their own transportation so might be in a difficult position.

And did you loan this pony without going and trying it out with your daughter? If you had you’d known its condition and whether it was suitable.

I’m happy she wasn’t hurt but I would never loan a pony I hadn’t see let alone tried for a child.

So I think if you want rid just take it back.

 

[Tiddlypom]

You could try and insist on them meeting you part way, but in your shoes I'd just get the pony back to them asap.

 

[MidChristmasCrisis]

Just grit your teeth and stay over somewhere to break the journey..don’t prolong the agony.

 

[PinkvSantaboots]

But then you’ve got to pay and look after it.
OP I think you were very brave loaning a child’s pony without seeing it ridden, I’m glad your little girl is ok and tbh is just bite the bullet and take it back ASAP.

I agree and yes taking it back will rid you of it but it would piss me off somewhat

 

[HeyMich]

I guess you could get the pony collected by a reputable transporter, pay them, then invoice the owner for half of the costs. If they don't reimburse you, take them to the small claims court. It might be faffy, but it's the only way I can see you getting the pony back to them without driving the whole way and back.

 

[AmyMay]

You could try and insist on them meeting you part way, but in your shoes I'd just get the pony back to them asap.

This.

 

[Hallo2012]

grit teeth and take it all the way back, you just want rid asap.

 

[ycbm]

Welcome to the forum.

I'm sorry you are in this difficult situation, but I don't think you have any right to return to anywhere other than the yard where the owners tell you to, unless the meeting place is specified as a return point in the contract you agreed to.

I think you just need to grit your teeth and return the pony and thank heavens you found out before any money had changed hands.

To be honest I'm a little baffled why you took the pony when the price rose to an amount that it wasn't worth, and given the state it was in when you saw it. But having taken it after seeing it at the changeover, you can be deemed to have accepted the condition it was in, and the onus is probably on you to return it all the way home.

I just feel that they were helpful when the pony was leaving and not so helpful when the pony is being returned.

This doesn't seem unreasonable to me.

 

[eggs]

Unless your contract states where the pony is to be returned to/pick up point I think you are snookered and will need to return the pony to where the owners want. Does your contact mention anything about delivery costs? If not, you will be very unlikely to win a small claims case.

Unfortunately I think you will have to chalk this up to experience.

Getting a transporter to return the pony may be more expensive but is also a lot less hassle.

 

[ycbm]

I guess you could get the pony collected by a reputable transporter, pay them, then invoice the owner for half of the costs. If they don't reimburse you, take them to the small claims court. It might be faffy, but it's the only way I can see you getting the pony back to them without driving the whole way and back.

Why do you think that claim would succeed?

And why you think it would be fair to sue the owners for this?

The only way I can see a claim like that succeeding is if the owners can be proved to have lied about the pony rearing and squashing children, and maybe not even then.

 

[millitiger]

Just take it to their yard and be thankful an extra 3 hours driving is the worst outcome.

I'd personally book a Premier Inn or Travelodge near them and stay overnight, to be safe driving back too, but that's up to you whether £60 is worth a bed for the night.

 

[The Xmas Furry]

Think of the livery/ or keeping costs you'd have if you had to keep for say a month or more.
Better to get it back asap and heave a sigh of relief.
Next time please please try 1st whatever the value (or not!)

 

[nagblagger]

Welcome to the forum.
Could you take it back but coincide it with looking at any other horses for sale or for loan in that area or on the journey? Be prepared for a night stop though and turn this negative into a positive.

 

[maya2008]

I think it would probably be cheaper to pay a transporter for a shared load, given you’ll have fuel both ways, probably an overnight stay, wear and tear on the vehicle.

 

[MiJodsR2BlinkinTite]

Hating to say it, but don't think OP you have a leg to stand on TBH.

The arrangement to pick the pony up was made for convenience; and it looks very much like it was to THEIR convenience rather than yours right from the word go TBH.

I actually suspect you've been pretty well Played in all of this........ that said, if you were taking a pony on loan for your child you were frankly unwise (putting it mildly) to have taken it unseen - and particularly without seeing it ridden first. Whether buying or loaning, remember your ABC: A: Always take a friend; B: Believe nothing you're told (by either seller OR loaner); C: Check everything you're told. And I always add a D: Don't ever, in any circumstances, and whatever the excuse (and there will be plenty!) take it home without seeing it ridden.

I think you are going to have to put up and shut up. Personally I'd be inclined to engage a professional transporter; it may be that you could get a shared load which would bring the costs down a bit. Make sure that you get plenty of photo's of the pony before it leaves your place - and get either your YO and/or a professional such as a vet or farrier, or whoever, to certify that the pony is in the condition it is when it leaves your place. Any reputable transporter would take their own photo's anyway and ask you to certify the pony was fit to travel.

Sorry you are in this position; I DO think you've been thoroughly "had" which is unfortunate. I suspect you are maybe inexperienced and you were taken advantage of; but what I think you should be thankful for is that your daughter was not badly injured by being thrown.

Next time remember your ABC........

 

[Bobthecob15]

How awful, so glad your daughter is OK...sounds like it could have been so much worse.

I agree with the others, just pay a transporter to take him back, shared loads are often not that expensive x

 

[J&S]

I am sorry you have had this trouble, but am actually amazed that you ,in your words, " put your daughter on" this pony without testing it out with maybe a small adult rider or atleast without having seen previous owners child riding the pony! What was so special about the pony that you thought to loan one from 6 hours away? Just curious!

 

[Bonkersboxers]

Thank you everyone for your replies, I sought legal advice and now they have agreed to meet me at the same location.
I got the pony unseen as it’s a very well known pony on the circuit so I have seen it ridden.
Thanks once again.

 

[poiuytrewq]

I am sorry you have had this trouble, but am actually amazed that you ,in your words, " put your daughter on" this pony without testing it out with maybe a small adult rider or atleast without having seen previous owners child riding the pony! What was so special about the pony that you thought to loan one from 6 hours away? Just curious!

Have to agree.

 

[Bonkersboxers]

It’s a well known pony!

 

[Kaylum]

If you were taking any animal on loan I would want to see your yard and insist your child rode it first. Did they ask for references? What does your contract say? Did they do any checks on you? Did you pay a deposit?

 

[ycbm]

I sought legal advice and now they have agreed to meet me at the same location.

Are those two things connected? I'm intrigued if a lawyer advised you that you had a right to demand to return the pony to where you picked it up.
.