What should I do?

Mare Stare

Mare Stare

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I've given a colt to a lady who had fallen in love with him.

As he was unchipped (he was a rescue case who I kind of ended up with after a friend rescued him and then had an operation which left her unable to care for him. So muggin's here took him on.) I just let her have him on condition that she was to chip and passport him, have him gelded and move him off my land asap as I need the grazing for winter.

She had the vet to come and chip him and do his passport within a couple of days so I thought she'd move him soon after. He is supposed to be going to a field about quarter of a mile up the road so can be moved without being transported. She arranged for the vet to geld him at the new field.

Two weeks on she is avoiding me and he is still in my field. He has a new headcollar on today so I know she is coming to visit him. She's just sneeking in so I don't see her.

I desperately need the field he is on because I am paying extra rent to pay for to keep my geldings elsewhere. One of the geldings constantly fights with the colt because the colt knows he's "the man" and wants to be top dog. Last time they were together my gelding ended up with a big cut on his shoulder. I really don't want to put them back together. And the lady that rents me that field wants it back for her own horses.

I've got a feeling that the person who owns the field the colt is supposed to be going to has told her no, and now she is stuck for somewhere to put him. But she hasn't come to tell me that or offered to pay me rent. My husband is going ballistic. I haven't got a phone number for the lady or an address but I know where her sister lives. The sister is refusing to answer the door to me when I knock even though I know she's there.

So what do I do?
 
Put a note through her sisters door telling her that you need to know whats going on with the colt asap and that she needs to start paying you rent, she has the passport and I assume it's in her name so her responsibilty, I would be incline to wait at the field all day and catch her.
 
Your post doesn't show this colt's future in a very good light. I appreciate that the full circumstances aren't described, but it reads like this;

Colt is rescued. Rescuer suddenly can't take responsibility for him due to health. Passes him on to you, who can't look after him for long.
Lady, wants him so you gift him to her without knowing her address or contact details.
While she apparently has him chipped and passported, she fails to take responsibility for him by finding livery. She avoids you and fails to let you know what plans have been made to ensure his future care.

I'm sorry, but this is a sad tale of a 'rescued' horse who is being passed on down a chain of people who say they'll have him but have no means of ensuring his future.

This horse needs more than wishy washy half hearted intentions. The rescued young horse still needs rescuing.
 
Poor colt. I would tell her you have changed your mind and find someone alot more responsable for him. Sounds like hes already had a few moves he needs a stable, experienced home. Is the woman even capable of looking after him? Perhaps she has realised what she has done on the spur of the moment and might have changed her mind?
 
I sympathise with you, you were only trying to do the best for this horse and it has left you with a difficult situation. This lady seems to me to be unrealiable and it would worry me how she plans to look after the horse. Could you contact the vet who she called and explain to them that you are concerned for the horses welfare? I understand that they cann't break client confidentiality but have they been paid? they may be able to help with her address . good luck.
 
I would remove the colt from the field and stable it for a few days.
She has to come looking for it, in the meantime get it a new home, people are always desperate to buy foals with no further thought. If no money changed hands you can claim that he belongs to you, if you want to.
 
Can't you split the field he is in so your gelding can go in there too?

Leave a note for the new owner saying that unless she has contacted you within 48 hours you will assume that she no longer wants the colt and you will sell him elsewhere. When she contacts you tell her that you need her full contact details and you need him off the field and/or her paying you rent for the field within 7 days.

You have been pretty daft allowing her to chip him and passport him without having taken him off your hands and without having any proof of transfer or ownership. If you are going to get rid of him sell him for a nominal sum and get a receipt.
 
Hindsight is a marvellous thing.

See, she actually CAME TO ME asking if I knew of any horses for sale. I assumed that people horse hunting have somewhere to put the horse they buy so I didn't foresee any difficulties. And as I know her sister (sort of) I thought it was going to be a smooth, successful outcome for all parties, especially the colt. I never thought of contracts etc.

I know she hasn't sent off the passport application yet as the vet told her to wait until after the colt was castrated to save her paying again to have the passport updated. So maybe there is hope.

I've done my best for this colt. I'm quite wounded by some of the criticism. I didn't rescue him but I've done my best for him. I've fed him up, wormed him, deloused him, spent time handling him etc. He was in a horrible state when he came. He's now a picture of health and cheeky with it. The only thing I didn't do was chip and passport him but I would have done the next time I called the vet out for one of mine. I just resented spending any extra money on a horse that I didn't really want. (Well, it's not that I don't want him - I'd have him in a heartbeat if I could afford to feed another mouth). I'm also pregnant and looking to move house, which is stressful enough without somebody messing me about with a horse.

I'm going to phone the BHS legal hotline after lunch and see what advice they can give me. I completely forgot that it comes with membership.

Thanks to everyone for your advice. I shall be looking into some of your ideas.
 
I do sympathise with you, but be careful with 'moving the colt'... if he has been microchipped (I know you say she hasn't sent off his passport) but they will be in the mysterious lady's name - not yours so legally moving him could open all the wrong doors :(

You've done what you thought was best for him, don't listen to the negative comments... ie 'Scrap Heap Challenge' - hardly constructive!!

I hope you have some luck from the BHS Helpline :)
 
I do sympathise I think the saving grace here is the fact this potential new owner may not have sent the passport application off yet, although I do wonder how she intends to prove she is the owner to the passport agency, I had to show a receipt and banktransfer receipt to prove I owned mine.

The fact is, although they say a passport is not proof of ownership, this woman is going to have vet bills, a microchip number and potentially a passport all in her name for this horse, even if you wanted to sell to someone else after this it could be tricky it would be up to you to get the passport for him to sell with him and to prove that you can actually sell him legitimately. For example when horses are abandoned at livery yards by their owners, Yard owners can't just sell the horse and keep the money, they have to go through the courts to be able to recoupe the money and your situation could end up not too dissimilar. I suggest you try get this resolved, or even get a passport done in your name first before she has a chance.
 
Empy&Treacle said:
I do sympathise with you, but be careful with 'moving the colt'... if he has been microchipped (I know you say she hasn't sent off his passport) but they will be in the mysterious lady's name - not yours so legally moving him could open all the wrong doors :(

You've done what you thought was best for him, don't listen to the negative comments... ie 'Scrap Heap Challenge' - hardly constructive!!

I hope you have some luck from the BHS Helpline :)
Click to expand...
<micro chipping is not owning
passporting is not owning
 
Do you want the colt back, or do you want him to go?

If you want him, keep him, tbh I'd say he's still yours.

If you dont want him then I'd try and find him a more certain future than this woman. IMO I dont think you should give him to her, if she wanted him so much then she should put the effort in. Don't just give him away to anyone, loan him out if you have to, lvwtb, etc.
 
Naryafluffy said:
What did the BHS Legal Helpline advised?
Click to expand...

It's not as straight forward as I had hoped.

Because legal ownership was assumed by the woman on the day that she had him microchipped, the law will see him as her horse and the only way I can prove that I'm the legal owner is through going to court and the chances are that I'd lose.

They've advised me to put a firmly worded letter through the sister's door, giving her 48 hours notice to contact me. Failing that, I am to put an abandonment notice on the gate giving them 14 days to remove him after which I have the right to rehome, sell or humanely destroy him. (Of course I won't be destroying him. I'm trying my best to rework my finances so I can keep him if we get him back.)
 
Oh dear, thats not a great situation

It sounds like the lady likes the idea of it all but cannot afford or cannot cope with the reality

Buying a new headcollar over doing something a bit more practical for example like seeing to his basic needs

You did gift her the horse so just because no money changed hands it doesnt really make it still yours, a gift is a gift after all, if you feel the lady isnt a suitable owner or secretly regret gifting the colt then you probably have no option but to negotiate with her for it back either in lieu of rent (you'd have trouble with this if she challenged it obviously) or with you covering her costs already paid out instead maybe - she may be quite relieved if the whimsey for a horse was not thought through

I would second the idea of 'camping' out till you spot her and then have a gentle word at first becoming more firm depending on what excuses you get failing that a letter through her sisters door maybe..

I dont think a heavy handed approach would be the best way to go until you have had some contact with her personally

I know its easier said than done though and I really hope you can sort it out
 
The colt is limping this morning. I really want to go and help him out and see what's wrong, but hubby has told me not to. It's the perfect opportunity to see if she does anything about it.

I feel really mean :(
 
scrunchie said:
The colt is limping this morning. I really want to go and help him out and see what's wrong, but hubby has told me not to. It's the perfect opportunity to see if she does anything about it.

I feel really mean :(
Click to expand...

You are not a meany - you are simply failing in your duty of care.

The colt is on your land and you have a responsibility to ensure his needs (including veterinary) are adequately met.
 
The BHS gave you good advice. Follow it.

If you think there is an immediate and serious problem with the colt you can call a vet.

I know it is expensive but messing with "someone else's" animal yourself could get you in trouble whereas a vet can act in the animal's best interst regardless of ownership. (Same as if you take in a run-over cat you don't know the owner of or similar.)

The fact that (unqualified and, justifiably, biased) you think owner hasn't 'sorted' animal won't help. Not until it is so bad it becomes a welfare case for WHW/RSPCA etc. By which time it'll be pretty bad.

If you hadn't found this "new owner" yet you'd be paying to sort out limp any way. So, go for it.
 
Just a little update:

The lady has responded to all my threats and the colt's being moved tomorrow to a yard owned by a friend who will be keeping an eye on him. She's not the sort to keep quiet. Any nonsense or mistreatment to the horse and she will come down on her like a ton of bricks and won't be afraid of getting the RSPCA involved.

So I'm feeling slightly better about the whole situation. I would have preferred to have had him back but this is the next best thing.

Oh I did go and see to his lameness afterwards. I felt so bad seeing him hobble. I think it must have been a stone or something in his foot because after I picked it out he was fine.
 
There we are then.

Let's all keep everything firmly crossed that this little chap may gave a future......

And I'm glad you went to check him over - as I said earlier in the post you actually have a duty of care whilst he's on your land, and indeed could have been held responsible yourself by welfare authorities had you not sought veterinary treatment if required.
 
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