What is proof of ownership?

[flurryjuno]

I posted a loooooong time ago about wanting my pony off loan which all went quite a bit tits up so won't go into detail, but ended up with a family member passporting my pony under her name (without proof of ownership) and banning us from the yard with threats to police. However, I have the receipt of sale, vet notes from castration/jabs etc, USPCA where he came from and various people vouching for me but what exactly is the proof of ownership? I expect they also have vet receipts (I would hope) as well as people vouching for them too.

Doesn't help matters that its been left so long due to family members health and financial reasons, again won't go into detail, and had contacted the police previous only to be told 'well...they have him passported to them and its a private yard so not much we can do'. Is this enough to build a viable case?

 

[The Fuzzy Furry]

If you are a member, contact the BHS legal helpline, they will be able to give you advice

 

[Spring Feather]

The last Bill of Sale is proof of ownership. So if you have a BoS from the person you purchased horse from and loan people do not have a Bill of Sale from you, then you own pony in law.

 

[Polos Mum]

Normally I would say evidence of purchase and care for the period of ownership - do you have a loan agreement that made it clear the basis on which s/he went to them?

 

[popsdosh]

Normally I would say evidence of purchase and care for the period of ownership - do you have a loan agreement that made it clear the basis on which s/he went to them?

Who deals with passporting in NI because if they have applied for a passport for a horse that already has one that is illegal so may worth getting them on your side ! is the pony chipped? The passport anyhow is not proof of ownership the same as the registration doc of a car is not.
I must admit that the police wont want to get involved however you need to take a civil action and the sooner the better.

 

[thatsmygirl]

I take it u have loan agreements signed by these people?

 

[happyclappy]

A Sales Receipt I believe is the only porrf of ownership, Passports are NOT a proof of ownership.

 

[flurryjuno]

No loan agreement, not previously passported. Was very much my pet, we lived out in the country and he never went anywhere so I thought he had no purpose of one at the time (extremely stupid yes, I was young and parents weren't horsey) and never got round to it, he was then turned out for about 9 months at a friends and I had just turned 15 when a family member continued to mention how they wanted their daughter to learn to ride. Looking back at it now its all obvious and raging alarm bells but at the time it was a 'oh I have the most perfect amazing wonderful pony who anyone can ride, learn to ride on him please like me' kind of thing. I was very shy, insecure and immature so to have common ground and something to talk about seemed like a good idea. Wrong!!!

Its the fact it was family and we trusted them far too much, she had horses all through her youth so isn't incapable and I thought it would be a maximum of 6-8 weeks with the factor of seeing him every weekend. This has now dragged on and on now after setback after setback we are in a place where this can either get sorted very quickly and amicably or go to courts so want as much info to back up as I can. Thanks everyone!

 

[Firefly9410]

I would go take him back ignoring the banned from the yard business. He is your pony and you can prove it with the receipt you have for him from the place you got him. Photocopy that information and send to the passport agency with a letter explaining that the pony needs to be in your name as you are his owner and please can they send you a duplicate passport because the people loaning him have refused to return it. When they go to the police, if they do, they will be told the same as you?

 

[popsdosh]

As the saying goes possession is 9/10ths of the law.

 

[indiat]

If that was actually true, no one would ever got done for stealing and people would never get their property back. What about people he buy a second hand car only to find out that the previous owner didn't pay the loan in full? The car still gets repossessed and they don't get refunded even though the car was in their possession. Turn up at the yard, OP, and get him back. I would talk to the local police and explain the situation in case they kick off.

 

[popsdosh]

If you do try to take him back ! under civil law you are within your rights to remedy a tresspass on your goods so quote that to the police if they say you cant . At least if you have him you place the onus on them to prove otherwise.

 

[popsdosh]

If that was actually true, no one would ever got done for stealing and people would never get their property back. What about people he buy a second hand car only to find out that the previous owner didn't pay the loan in full? The car still gets repossessed and they don't get refunded even though the car was in their possession. Turn up at the yard, OP, and get him back. I would talk to the local police and explain the situation in case they kick off.

It was a lighthearted phrase most people must have heard it! It just means if you have custody of it its up to the other party to prove its theirs,which at the moment is the situation the OP is in.