Something you don't want to see

Dave's Mam

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Reminds me of the time i tried to stop one rolling down a hill when the riding school i helped at put me in charge of helping the old man who delivered it on a trailer - he thought it was a good idea to roll it off the trailer on a slope after i told him to go sideways on the slope so it would not roll down the hill!

Bale 1 - fence 0 - equi not asked to help again

Sorry but, hahahahahahaha!
 

s4sugar

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Went through moneyclaim as my letter was ignored.
Got the letter from the court this morning.
Judgement has been made against the horse's owner.

Just waiting for payment now.
I won't be waiting long.
 

JillA

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Unfortunately that not true! - The moment air gets into the wrapper the contents start to rot - I lost several bales when my brat of an Anglo 3yr old broke through the fence and bit holes in every one! I could have cried - all my winter feed gone. I taped it up straight away but there were large sections that were disgusting.

It very much depends on how much moisture there is in the contents - some of mine had unseen holes soon after wrapping last year. They were taped (with good strong and wide silage tape, sticks much better than duct tape) and only the bits within a couple of inches of the holes had to be thrown out, mostly along the edges. But then mine is very dry, it's basically hay but baled and wrapped a day early.
A good load of silage tape and you will lose the bits closest to the damage but large parts of the bales may well be okay
 

s4sugar

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It very much depends on how much moisture there is in the contents - some of mine had unseen holes soon after wrapping last year. They were taped (with good strong and wide silage tape, sticks much better than duct tape) and only the bits within a couple of inches of the holes had to be thrown out, mostly along the edges. But then mine is very dry, it's basically hay but baled and wrapped a day early.
A good load of silage tape and you will lose the bits closest to the damage but large parts of the bales may well be okay

Soon after wrapping and before the fermentation gives a chance of saving the bale. Once pickled damage will follow however soon you stick tape on.
 

Flyermc

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just wondering on this thread, if the horse got out from a livery yard, isnt it the yard owner that should pay? surely they are responsible for the fencing, not the owner?

however im with others and have used bales with tape on loads of times with no problems, if anything in any bales looks 'off' it gets thrown.
 
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s4sugar

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Horse owner works for the yard owner who is not approachable or reasonable.
She can now sue him if she so chooses. You could argue that she knowingly put her horse in a field with unsecure fences though.
Escapes from that yard are not a rare occurrence.
 

Flyermc

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Horse owner works for the yard owner who is not approachable or reasonable.
She can now sue him if she so chooses. You could argue that she knowingly put her horse in a field with unsecure fences though.
Escapes from that yard are not a rare occurrence.

Does the yard owner being a pain make a difference? (the fencing would be there responsibility)

You also mentioned that the pony owner is a young girl, its possible that she might not have anything that belongs to her for the bailiffs to take.
 

s4sugar

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I didn't mention her being young & the horse in question was advertised for £5.5K last year so she does have assets.
 

Flyermc

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You mentioned that the 'poor girl was landed with the bill' and 'her mum was sorting it' which made her out to sound young. The 5.5k horse might not belong to her. My parents bought me my pony 17 years ago, but his receipt from all those years ago would not be in my name.

Im surprised they haven't defended themselves, i would certainly not be paying. The fencing is the YO responsibility and i very much doubt i could claim on my horses insurance and then claim of the YO later.

How do you prove that the horse damaged all the bales and hadnt just had a snack on bales that had already been chewed by another horse? Did you try to tape the bales-up and use them? (plenty of people use bales that have had tape on them)
 

s4sugar

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Bales were intact three days earlier (professional photographer on site).
Plenty of proof of horse at bales and no other horses with access plus, after I had put electric fencing to keep him off the stack, as owner went to catch him he reached over the post and rail & bit a bale on the other side.
Bales were taped up that day. (the last one he bit into I used straight away & didn't claim for) Bales tried mid January were rotting down and across into their middles.

They could have replaced the haylage & used it much quicker than I could but chose not to.

They sent a defense which could be proved to be full of holes but then failed to answer court letters.

They claim to have made a payment today to avoid a CCJ. I haven't had chance yet to check it has cleared.
 

Feival

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I personally think you are highly out of order to go as far as you have and it should have been struck off as bad luck.
.
 

s4sugar

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I personally think you are highly out of order to go as far as you have and it should have been struck off as bad luck.
.

So a years fodder ruined by someone else's negligence and you would have written it off. Glad you can afford to do this.
 

Flicker

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I'm with the OP on this one. Haylage is a precious commodity - if anyone on our yard were to damage any of our bales, they'd be getting a bill from the YO.
 

Red-1

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I don't understand the confusion. If my horse broke out of my property and went and damaged someone else's property of course I would expect to pay for the damage he caused. If it were a small amount then I would pay. If he damaged something more expensive like a car or, god forbid a person, then that is what insurance is for.

I think OP was very reasonable to suggest the livery yard use the bales up and simply swap for their new delivery.

As a horse owner it is my responsibility to keep my horse on my property. That is why, because I had a 'jumper' we have 6ft 6 fences on all the boundaries, bounded outside that with a hedge! It does not sound like the horse owner has made adequate provision if horses are regularly escaping from the livery yard. At least this time it was only bales damaged, which are easily replaced.
 

Goldenstar

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I am with OP too .
We are responsible for what happens when our horses get loose .
If I remember properly from the full thread breakouts from this yard where not unusual .
If your car was parked on the road legally and a loose horse trashed it you would expect to be compensated.
 

ycbm

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I personally think you are highly out of order to go as far as you have and it should have been struck off as bad luck.
.

But it wasn't bad luck. It was someone else's negligence. And the ruined haylage was worth several hundred quid.

I would have done the same. Not because of the money, but to make the adjoining livery yard fix their damned fences!

I have a bale ripper, and I tape up the damage he does and it seems to last ok. But it's my horse, my risk. I wouldn't accept that risk done by someone else's horse.
 
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Mariposa

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I'm with OP too - if someone else's horse got onto my land and ruined my property I'd claim for it...and I'd expect them to do the same if one of mine did the same to their property. Bad luck is a couple of bales ruined, this was a whole lot more!
 

ozpoz

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Few people can afford this sort of "bad luck" Biff&Buzz.
If any of my animals damage someone else's property , I would expect to pay for it - third party insurance should be mandatory for horse owners
 

9tails

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Maybe! She is, however, the notorious banned troll Dunroamin, who is somehow allowed to remain on HHO in her new guises. She likes to post for drama's sake. She can safely be ignored.

Ah,thanks. I didn't want the haylage owner to think anybody had the same opinion.
 

Flyermc

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I don't understand the confusion. If my horse broke out of my property and went and damaged someone else's property of course I would expect to pay for the damage he caused. If it were a small amount then I would pay. If he damaged something more expensive like a car or, god forbid a person, then that is what insurance is for.

I think OP was very reasonable to suggest the livery yard use the bales up and simply swap for their new delivery.

As a horse owner it is my responsibility to keep my horse on my property. That is why, because I had a 'jumper' we have 6ft 6 fences on all the boundaries, bounded outside that with a hedge! It does not sound like the horse owner has made adequate provision if horses are regularly escaping from the livery yard. At least this time it was only bales damaged, which are easily replaced.

And i completely agree if the horse escaped from my yard, but its escaped from a livery yard. The livery yard should be responsible for the fencing and should be the one the OP is chasing
 

ycbm

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And i completely agree if the horse escaped from my yard, but its escaped from a livery yard. The livery yard should be responsible for the fencing and should be the one the OP is chasing


The damage was done by one horse. The other livery yard horses didn't did do the damage. The owner of the horse is liable, clearly, since the court judgement has gone against her. She chose to keep her horse in an environment without secure fencing. It's up to her now whether she tries to get her money back from the yard owner, but since no-one forced her to keep her horse there, she might find that difficult.
 

cobgoblin

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And i completely agree if the horse escaped from my yard, but its escaped from a livery yard. The livery yard should be responsible for the fencing and should be the one the OP is chasing

The line of claim always goes to the immediate fault.
If you are sold faulty goods...you take it back to the retailer, who settles with the manufacturer.
In this case the horse damaged the haylage, so the claim goes to the horse owner..if she wants to claim against the livery yard for allowing her horse to stray and cause damage, then that is up to her.
 

Flyermc

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I know only 1 horse did the damage, but it got out from from a livery yard. Surely when you pay your rent, it includes fencing? Ive never had to pay additionally for fencing? If its broken/damaged it gets fixed by the YO (livery's do help)

If its not upto scratch (which then allowed for the damage to happen) its the YO who should sort the bill.
 

Flyermc

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The line of claim always goes to the immediate fault.
If you are sold faulty goods...you take it back to the retailer, who settles with the manufacturer.
In this case the horse damaged the haylage, so the claim goes to the horse owner..if she wants to claim against the livery yard for allowing her horse to stray and cause damage, then that is up to her.

If only that was true!!! last Christmas i spend 5 weeks without a washing machine because the retailer wouldnt help (we'd only had it 3 weeks from new!!)
 

ycbm

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If only that was true!!! last Christmas i spend 5 weeks without a washing machine because the retailer wouldnt help (we'd only had it 3 weeks from new!!)

If you had sued the retailer you would have won.
 
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