Trying to Return Loan Horse - UPDATE

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scotsmare

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Today, rather unexpectedly, I got a special delivery letter from the horses owner - must have been sent on Saturday - the day after she refused MY recorded delivery letter.

It stated that she was aware that I wished to return the horse, but she was not in a position to accept it back at the moment as "her stables and fields are filled to an acceptable capacity" and therefore she had no room. She was aware that the horse continued to be lame and was sorry to hear that (blood was starting to boil at this point).

She would try and make alternative arrangements for the horse within the next 28 days but there was no guarantee she would succeed and under no circumstances was I in the meantime to move the horse from its current location or involve any charity with the horses welfare as she no longer wished the ILPH to be considered as a home for the horse. (Raging by this point).

Finally, if I made any attempt to deliver the horse to her premises unannounced she would consider that I had abandoned the horse and would involve "all possible authorities". Whatever the heck that meant!!

I faxed the letter to the solicitor I spoke to this morning who has just come back to me and said that there is nothing I can do at the moment - I have to give her a months notice (he will write to her) and until that month is up then there is little we can do.

So, he reckons that it will be end of tomorrow before he can get letter out (cos he'll now have to reword it) so it will be the 17th of July at the earliest before she can go back - unless she deigns to take it back sooner. All of this is perfect timing of course cos it's due it's jabs and shoeing all within this period......

My OH is going to go mental - thank god he's away this week!
 
Oh no
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I'm so sorry to hear that, what an absolute b*tch
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I definitely wouldn't be putting shoes on her though.

You've handed it over to an equine solicitor now so they will be best at advising you on this. Make sure you keep all your receipts and everything for all the costings you've paid out.

I'm so sorry to hear of this situation, there are some lovely owners/loaners out there who have great times and fantastic horses. Please don't think everyone is like this.
 
In that case the jabs should roll over until she has it back as usually there is quite a few days window either side of the actual yearly jabs. And have all it's shoes taken off. It's lame you can't ride it. I can't believe this woman is acting this way, how awful for you. I hope you manage to get this sorted out as soon as possible.
 
This is a terrible situation for you. Dreadful! How can people be so vindictive? What do you think she'll do to the horse when it is back there? If she is going to mis-treat it I would DEFINATELY get some sort of authorities involved NOW! RSCPA? It sounds like she is a total cow and will probably take it out on the horse pnce it is returned. Couldnt you see what they think? I would not want an animal going to her!!!
 
this woman sounds an absolute nightmare!! it all seems so calculated on her behalf it makes me wonder if she has been up to this type of trick before?!

i feel for you , it sounds as though this is taking a heavy emotional & financial toll on you
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They are idle threats, believe me.
What can any relevant authorities do when you are merely returning the horse to it's owner? Nothing. It's up to the owner of the horse to provide shelter and adequate care not you.
I think you need to read carefully any loan agreement you have, if it says a month's notice, well fine, inform her you will arrange for the horse to be delivered on that date, and if she refuses, you will charge her livery.
She really is taking the p......
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I would ring from a friend's phone and insist on speaking to her, she really can't dump the horse on you like this..she can avoid your number but hopefully won't ignore a strange one.
 
This is getting silly. No authority in the land would care if you returned the horse to her immediately, which is what you should do. Drive it there. If she refuses to accept it, tie it to the gate. Leave.
 
What a cow!! I cannot beleive she is treating you this way - I'd make sure the solicitor let her know in the letter that she will be billed for livery expenses and all veterinary expenses incurred while the horse was with you. The cheek of HER telling YOU that she would get the authorities involved!! Pull no punches on this one hun - she is deliberately causing you angst.
 
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This is getting silly. No authority in the land would care if you returned the horse to her immediately, which is what you should do. Drive it there. If she refuses to accept it, tie it to the gate. Leave.

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I have to agree.
 
Yes however tempting it is, don't phone her directly. She might try and claim you're harassing her now you've got a solicitor involved.

I hope you get it sorted soon. Definitely don't put shoes back on her, and put the money you save towards the jab.
 
thats awful.return the horse a month from the date you started to try to contact her.
in fact i bet no-one will do anything if you return it now really.is the loan contract a legally binding document?(i dont know)
feel really sorry for you
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so glad all my owners ive loaned from have been lovely!
she sounds a nightmare.
 
Date will be 17th July as that will be a month from tomorrow which is when lawyers letter will be dated and issued. Apparently because we have a contract then I shouldn't try to return it sooner (ironically cos then I'm breaching it!)

I've had loan horses before and the owners have never been anything but brilliant. After this one though I don't think I'll loan again!
 
i am sorry you are having a rubbish time with this all but i do think you have a responsibility to this horse. If your contract says the notice period is written and a month then thats what you must give her. Four weeks is not a lot of time to get equine accommodation sorted.
Secondly i think you HAVE to shoe and vaccinate the horse as per normal. Otherwise she would have something to come back at you and could claim neglect especially if you have signed in the contract that you will be responsible for the horses welfare and cover the costs of keeping it. Shoeing and vaccinating is a cost of keeping a horse, even if it is on loan or lame.
You should always return a horse in the same state or better than when you received it so not shoeing and vaccinating it would have a detrimental affect on the horse, not to mention cost her money to re-vaccinate it again.
I think you need to sit out the four weeks and carry on as normal then return the horse in a polite way and simply walk away from this situation and learn from it.
She is taking the p*** but you have no choice, you signed up to an agreement. Just sit it out and it will work itself out in the end.
Good luck!
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Not once have I neglected my responsibility to this horse, I've driven it back and forth to the vets, had it shod etc - it has run up a vets bill of £2k in the last couple of months. With regard to the accommodation - she owns her own farm so the comment about no space is a bit of a joke. Given that the horse has deteriorated in health so much (from a pre-existing condition she didn't declare) I don't think I've done any wrong by the horse. I also didn't say that I wouldn't have it jabbed or shod. I think I've been more than patient & accommodating - most people would have sent it back months ago.
 
I agree with others that have said take the horse to her place, put it in the school/stable/field, then leave.
It is her horse therefore her responsibility when you leave it on her yard, you have a good standing if she tries anything, which I doubt as you can the point out the pre-existing condition she didn't tell you about. You also tried to remedy the situation and she would not hear of it.
When did you first tell her you were ending the horse back? If nothing else you could date the month from then. Does the horse really need shoes if not in work - would just a trim suffice?
 
Because she won't accept my letters etc when I've tried to return the horse, we've had to get a solicitor involved, so months notice will begin from tomorrow. Can't take shoes off - horse is currently surgically shod.

TBH it's really not a big hassle if it stands in field for another month, we have our own field so it's not costing me anything in livery. I'm just more frustrated at the actions of the owner and her constant dodging when I've tried to sort it out. We're really at the end of the line now - if I was in her shoes I'd want the horse back pronto - if only for a quiet life!!
 
Ah, that makes more sense - I couldn't remembr the whole situation.
Well, at least it won't cost you any livery etc. I would be tempted to give her the bill for the shoeing if that's why you're giving him back, but then that's just further hassle. Agreed about the frustration - what a cowbag! I'd be fuming too, some people are beyond
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I wonder if it would be worth having a quick phone call to your solicitor tomorrow, because it occurs to me that she (the owner) may, in fact, be in breach of contract herself.

If your vet can confirm that the horse had a pre-existing condition that she did not declare at the time you both signed the contract, then it could be that you could return the horse sooner, and not have to give the month's notice that she is insisting on.

If there was any paragraph in the contract about the state of health of the horse, and you can prove via your vet that she lied (ie by witholding info on pre-existing condition) I think the contract would be, by virtue of her not disclosing this information to you, unenforceable anyway.

Might be worth a phone call, if nothing else?

Good luck.
 
Yrs ago we had loan pony,gave notice to return pony,owner refused to take back as said we had agreed to yr.Pony was not what it was made out to be for daughter.We contacted ILPH (Scotland) who advised that if owner still refused to take pony back after stated time the OWNER would then be classed as abandoning pony and ILPH would take pony.Letter was written advising this.Needless to say pony went back.
 
If/when you do return the horse, take some dated photos of its condition (especially feet, if this is the problem) so you can prove the condition of the horse when you returned it, to avoid any comeback on you. You just never know with people like this!
 
I would double check with your solicitors on just how much her loan agreement holds up considering horse had pre existing condition. :They usually are not worth the paper they are written on. As sad as it is for the horse this woman is taking the pee.

I have my place filled to capacity but if I had a horse coming back off loan I'd make room!!!!

GAH!!! blood boiling on your behalf
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I've found it's incredably easy to 'rescue' loan ponies when you consider their welfare at risk, reguardless of what the contract says!

Check the contract, if it has anything about health conditions (ie the owner has declared all health conditions to the loaner) then the contract is already breached.

Therefore, you can send it back.

I had a loaner wish to give a horse back instantly. When I gave her a date of within a few days, to keep her happy, she started going on about needing a companion, going on holiday, horse had lost a shoe and needed that sorting.
Turned around and said no piss taking. You wanted horse gone, horse will be gone.

Contract was breached because she hadn't paid, hadn't notified me when moving the horse and then not given me a months notice. Wasn't worth the paper it was on at that point!
 
at least you have a date now.
feel sorry for the horse,at least you have done everything for it.dread to think how it will be treated when it goes back,she sounds like a right ***
poor you,it must be really frustrating.
 
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