URGENT! Loaning and an unpaid livery bill

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Lightning

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Can anyone help with this situation whilst I wait for a solicitor to call back.
Basically we have had our pony out on loan to someone since July this year. Through one reason or another (basically the lady lying!) he is coming home. The lady told me last week she was returning him and would sort out transport home.

My sister has just received a phonecall from the yard owner saying that she has just had the RSPCA down there for the 3 ponies this lady has on loan, she is not impressed that they turnt up at her yard to say the least. She has told us to come and collect the pony and that we have to pay this £250 livery bill.

How does this stand as technically the bill isn't directly linked to us but she has said we cannot take the pony until this bill is paid?!

Does she have a legal right in the pony to claim her bill back which is nothing to do wtih us?
 
Do you have a written formal loan agreement, signed by the woman who loaned your pony, saying that she is responsible for all costs associated with his care, livery/farrie etc etc, if you do, then that is your legal document and you do not have to pay the livery bill.

You can go and collect your pony, you should have this womans address on your agreement so give that to the livery yard owner, plus a copy of the loan agreement if it will help her, its the loanee she needs to be chasing for money, not you.

Hope your pony is ok?
 
I would think that she has no right to any claim from you as her contract is with the other 'lady' & not with yourselves. I would just go & get the pony asap & don't let the yard owner bully or browbeat you in to paying.

Thats just my opinion & what I would do. I'm not a solictor.
 
Thats both of you.
Yes we do have a written agreement with the loaner - it is the BHS one so know thats in there about all associated costs.

Trouble is the pony is about 100 miles away and what if we get there and they won't give us the pony or its tack and rugs?
 
I wouldn't have thought so - I had a misunderstanding with a YO a few years ago - at the end of the day, she was being paid for a service, not for the horse. The YO blocked the drive with a digger bucket so we couldn't get out. We called the police and he had to move it.

It's not her property and she should instruct her solicitor to the person she has the contract with. If the RSPCA wanted to take the horse would she say te same o them? I dont think so....
 
Sound terrible. Poor pony. I hope that there was no real need for the RSPCA to be there and that the pony is OK!! I wouldn't know how you stand but I would try my hardest to get the pony back. Hope it all goes OK. Let us know how you get on.
 
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you call the police, it is your pony and you did not have the pony on livery there, therefore he is you property to remove.

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Ditto.Go & go NOW.
 
if you dont want too much hassle, go collect your pony pay the the 250 and go to small claims court to recoup from the loaner....
 
Her contract is with the loaner. She could exercise a lien over the pony if the pony belonged to the loaner.

In this case, the pony does not belong to the person she has a contract with. Therefore you are entitled to have immediate return of your pony and the YO to take the loaner to the small claims court.
 
I would take a box there now....but make sure that you have proof of ownership of the pony....

IF the YO has a livery agreement with your loanee, then the BHS one for example makes provision that they can sell the animal if unpaid bills so long as they provide 7 days notice to the person on the livery agreement (ie your loanee NOT you!) At that point it is v complicated - livery owner has a right to recover the funds, but the pony is not loanee's to sell to settle the debt...meanwhile, you need to get that pony back.

If you have BHS membership, the legal help line is useful and I would suggest that you keep as open dialogue as possible with the YO regarding recovery of your pony. You really don't want the police involved but you do need to make immediate provision to get that pony back - or you agree to pay the YO for any livery from today onwards only pending resolution.

Would be interesting to hear what the solicitors say?

Good luck,

Catherine
 
Get legal advice

Stuart Farr from Layton.com writes all the hh advice!

the pony is yours! So therefore you should be able to get the pony-I would call the local police before you go to let them know that their presence maybe required.

At the end of the day the YO should be going after the loaner not you!
 
what a nightmare scenario to be in, loaning can be a nightmare my horse was stolen while on loan and sold on to a dealer, i managed to get him back but what a nightmare process it was!

Hope you get it sorted out and ponio is ok!
 
The YO has a contract with the loaner, not you. She has to claim off the loaner. You can take your pony back, and call the police if she won't allow you to, charging her with theft.
Do you have BHS gold membership? They advise on this all the time.
 
QR:
I have just gone through exactly the same situation. Basically one of my liveries owed me a lot of money but the pony was on loan. In essence, I let the owner take the pony back as the contract was with the loanee and am now chasing the loanee through the small claims. Not a great position and I doubt I'll see my money, but it wasn't the owners fault. Get the YO to keep everything that does belong to the loanee to sell off to help settle the debt
 
and point out to the YO that if she doesn't release the pony to you and the current loaner isn't paying the bills then the YO will continue to have to fund the feeding of the pony.....at her expense

instead of letting you take the pony away and only being out the 250 quid until she can take action agains the loaner with whom she has the livery contract
 
The pony is yours so go and collect it. The YO shall have to claim off the loanees - that is who they had the contract with. You have no obligation to pay the bill at all!

This is a civil law matter, and only worth calling the police if the YO gets unpleasant...

Best of luck. H. x

ETS - DON'T DO WHAT OTHERS HAVE SUGGESTED AND PAY THE DEBT ON THEIR BEHALF - YOU WILL HAVE NO COMEBACK!!

 
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The pony is yours so go and collect it. The YO shall have to claim off the loanees - that is who they had the contract with. You have no obligation to pay the bill at all!

This is a civil law matter, and only worth calling the police if the YO gets unpleasant...

Best of luck. H. x

ETS - DON'T DO WHAT OTHERS HAVE SUGGESTED AND PAY THE DEBT ON THEIR BEHALF - YOU WILL HAVE NO COMEBACK!!



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I disagree.This isn't a car or a piece of furniture we are talking about here, it is a pony that needs to be recovered by the owner and kept out of the hands of the loanee. If it was my pony I would pay the owed livery and write off the debt, £250 isn't worth worrying about or trying to recover, and certainly not falling out with a yard over. The equestrian world is a small one, people remember those who do the right thing by their horses, they also remember those who put 'principles', 'liability' and 'contracts' before action.
 
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