unpaid vet bill, who is liable

[Ibblebibble]

a friend has been loaning her pony to a woman for the last 3 years, it's in the contract that woman is liable for vets bills and friend will cover insurance excess. April this year pony had some problems and vet had to do a few visits, bill was approx £600, turns out it wasn't covered by insurance so friend agreed to pay half the bill and woman the other half. Friend has paid her half but vets have told her that woman has not paid her bit and, as of last weekend, has given up loaning the pony (no notice and owing 2 months rent!) so question is, who will vet chase for the bill, they had asked for womans address last week and friend gave it. can the vet chase woman for it or will it go back to friend? it's friends name pony is under with vet.

If vet want friend to pay it can she then claim against woman in small claims court seeing as bill was incurred long before loan was terminated?

personally i'd have booted the useless woman off yard about 2 and half years ago but friend is too bloody kind!!

 

[JillA]

Whoever arranged for the treatment/visits, that is who the vet's contract is with. If it was your friend, she has the contract with the vet so will have to pay and to pursue the loanee, through the small claims court if necessary, for her to fulfil her obligations she agreed to in the loan contract (which presumably was still in force until the pony was returned to his owner). Of course, if she hasn't got any money or other assets, your friend will be adding court costs to a sum she is likely to never see again.

 

[skippydog]

A few years ago I let a friend rent my field, when the horse was injured I rang my friend and she said ring the vet, I will pay. She didn't. I rang BHS legal team and they told me the owner was responsible. The friend paid up many months later.

I would advise joining the BHS and ringing their legal team for advice. Was their any agreement in writing in who would pay for the vet?

 

[WelshD]

I would have thought the vet will try the loaner but ultimately if she doesnt pay the owner will end up footing the bill especially if the vet is used by both and if they want ongoing support from that vet

 

[Ibblebibble]

there was no written agreement other than the loan contract which did state loaner was responsible for vet fees, also at the time of the vet visit friend had a verbal agreement from the woman, in the presence of the vet, that she would pay as she agreed to extras like a supplement which friend wouldn't have.

 

[Patterdale]

I've been through this and can categorically tell you that the account holder at the vets is liable, not the owner or anyone else.
Whoever's name is on the account at the vets, they are liable. End of.

The vets will try it on with the owner but the owner has no obligation to pay as the account is a contract between the vets and the account holder.

 

[kerrieberry2]

who did they bill originally? I would assume they'd chase that person?

 

[Polos Mum]

Whoever's name is on the account at the vets, they are liable. End of.

The vets will try it on with the owner but the owner has no obligation to pay as the account is a contract between the vets and the account holder.

I'd agree with this, whoever the bill was addressed to will tell you who the account was with.

A good reason for owners to insure horses on loan and get loaner to pay premiums to them via direct debit - no extra hassle for anyone and owner always sure insurance is in place.

 

[babymare]

Mmmm good words polos mum.

 

[toffeeyummy]

I have a horse on loan and I pay the owner the premiums via dd and the insurance is still in her name. However the horse is registered at the vets on my account so I am liable for all fees, if that helps?

 

[babymare]

I think we need a legal boffin here to clarify. i always belived owner was BUT now confused. and worried as looking to share/loan in future. HELPPPP

 

[babymare]

Oi HHO help line come on give some advice. i have bought your magazine for 34 years so come onhelp here ***smiling sweetly ****

 

[MiJodsR2BlinkinTite]

I have a mare on loan and I pay for ALL bills, vet and otherwise, and when my traddie went out on loan a few years ago the person loaning him paid ALL vets & other bills, it was clearly stipulated in the contract.

OP, do you mind if I PM you? Its just that this sounds a bit familiar......... if I send you a name and location you can either say its them or not.

 

[Polos Mum]

It's the same as any contract for anything the arrangement is between the person that call/organises/arranges the work and the person that carries out the work (vet).

If you rent a house and employ someone to come and cut the grass then try and give the bill to your landlord you might not get much joy.

If you're sharing/ part loaning it'd be unusual for you to call the vet in the absence of the owner - your contract should authorise you to call them on the owners behalf in an emergancy.

 

[babymare]

That makes it clearer polos mum and more "common sense" ta x

 

[Polos Mum]

i have one on mine on loan, the contract is clear loaner is responsible for insurance and all bills inc vets BUT I want to know at all time he is covered so if (god forbid) something nasty happens the loaner doesn't just return a broken horse and leave me to pick up pieces.

 

[whizzer]

Most vets will chase the person who's name & address details they have on their practice records.