What would you do?

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welshcobnewbie

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I have a horse out on loan with view to buy.

This contract has now ended and i haven't seen a penny nor is this person willing to amicable return the horse.

I went to see them yesterday, surprisingly enough they weren't in so i went down to the field where the mare is being kept 24/7. She is a mess,has lost weight looks like she has rain scald her feet are cracked and look they they haven't been done in sometime. And she looks very depressed.

I'm tempted to just go and get her, obviously leaving a note to say i have picked her up.
The gates aren't padlocked and the mare will walk to the gate so no need for me to go on the land as such.

I phoned the police to ask if I'm within my rights to get her, they said it's a civil matter. I'm not really willing to leave her there while i go through the courts.

so what do you suggest?
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Personally, she would already be back home with me.

It is your horse and you have the passport. If you wait much longer, they will move her or lock the gates up.
 
I'd go get her, if they can't be bothered to care for her they probably won't be bothered with taking things further. If she's yours and you can prove ownership what have you got to lose.
 
OK ring CAB for confirmation but 99% sure, the contract has ended and the "buyers" have not upheld their end anyway - which means the contract would be void anyway. I would personally just go and get her and send them legal confirmation as well as leaving a note.
 
Go and get her.Inform the police you are taking her and make sure you have proof of ownership on you.Make sure you take a couple of people along with you ,both as moral support and independent witnesses.At the end of the day she is your horse and your responsibility.If the loaner has not taken good care of her and the contract has already ended then go and get her now before she disappears.
 
Yep - go straight there & pick her up. You have a contract, which has expired, they haven't paid & I assume you have something in your contract about the condition the horse must be kept in, which they will have breached.

I would do it today.
 
i would go and get her asap. if they realise you've been there they might get a padlock or move her...

good luck! be careful, make sure you take someone with you. if you can find out the name of your local policeman, give them a ring to let them know what you're doing. just to cover your back.

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What a nightmare
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I suppose you could call the BHS and ask if there's a way or even the World Horse Welfare (ILPH)

Just found this about loaning on the NFU website http://www.nfumutual.co.uk/lifestyle/related-articles/horse/loaning-a-horse.htm

Did you have a clause in the contract?

If it truly IS a civil matter, I know I would personally be very tempted to just go and get her.

It would be advisable to take pictures of her condition and get a vet to make a full inspection (you could maybe get the costs of her veterinary care from the loaners?)

I would also make sure they didn't know where she was once you had her. Though it may be a HUGE can of worms you're opening.....especially if they have tack/equipment that also belongs to you.

I would definately seek legal advice first... you do not want to end up with a hefty legal fight/bill if you take her....but by the sounds of it if she is as you say she is and they haven't given her the appropriate care then surely you have a case against them, after all she is YOUR property....and her welfare is paramount.

Good Luck, and keep us posted. ((Hugs))
 
I took my mare and never looked back when this happened to me. Get the mare, you own her, she is being neglected and have breeched the contract.

Take her home!!
 
Definitely go and get her, my lad was supposedly in the state he was in when I bought him because he had been loaned for 4 months and neglected, he weighed about 390kg (probably less because of his withers) had bite marks all over him and looked like he had given up on life. It has taken three months to get him up to weight and I now have to work on his fitness/muscle tone. I would post pics but can't get on photobucket at work.

I think whoever is loaning can be prosecuted for neglect although you are the owner so are technically liable for her welfare.

Go to tobyprojecthorse.blogspot.com if you want to see what Toby looked like when I got him, he had supposedly only been back from loan for 2 weeks.
 
go get her back. i had a horse on loan wasn't cared for as in 3 shoes missing (stated in loan agreement he needed farrier every 6-8 weeks due to foot issue) spoke to them several times, kept saying farrier will be here tomorrow when i checked farrier hadnt been, kept giving me lame excuses i gave them til end of week then notified on the morning that i was coming to get him. they weren't there so took gate off hinges was padlocked at other end and took him home, shame i couldnt take other poor pony they had as well
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took me several months to get his bridle back, spoke to police they didnt want to know
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eventually the threat of going to court was enough to get it back
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although was covered in mould!!!
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didnt give me grooming kit back her excuse was i dont know where it is
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yeah right
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If the horse has been neglected and by what you say it cleary has then collect her.

But I would personally make sure you have tried ringing/texting/emailing as much as you can prior to this (so you have evidence that you have tried contacting them and that they are not replying to you) before collecting the mare just to cover your back, then I’d collect her tomorrow asap leaving a note explaining why you have had to collect her and for them to contact you asap etc.

Yes I’d be tempted to collect her now like everyone has said but depending on your agreement and the all ins and out of it all which probably we don’ know so therefore can’t exactly comment on, it just covers your back a bit more, gives you time to gather legal info so you know exactly what your doing and your head is straight, rather than collecting her in the dark while tempers are high.

Good luck, hope the mare recovers well.
 
I had my pony on loan and he was out 24/7 i went to check him and he was in such a state and lost so much weight i went home got the horse box and went and picked him up i left her a voicemail saying i had taken him back and all his stuff and she was more worried about her stirrup leathers that she had put in my grooming box that i had taken!!!
 
Sorry, but I can not believe that someone would have to ask the question as to weather they can recover their own property!!

I also cannot understand why people trust others and let them loan a horse unless they absolutely know for sure its a good home and the loaner is totally trustworthy.

I have found over the years that unless people put up good money for a horse, they nearly always have a different attitude to it than they would otherwise.

The police will not be interested as yes it is a civil matter, but certainly a solicitor would be, they like to make money!
 
Slightly more detailed reply if the contract has now ended then go get her, I know it was in view to buy, but would you really want your horse to end up with these people. If they can't take care of your horses welfare then go get her yourself.
Good luck, but I agree with poster who said if you approach the loaner, then horse might disappear.
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I have found over the years that unless people put up good money for a horse, they nearly always have a different attitude to it than they would otherwise.


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WHAT RUBBISH!
 
I agree! I have a mare on loan with a view to buy and she is looked after well. Just because some people don't have a big budget doesn't mean we don't take the responsiblity of caring for an animal seriously.
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Sorry, to reply to the original post, I would simply turn up and take her. They sound like the type to get nasty and I wouldn't trust them not to move her just to spite you. Could you keep her some where they can't get at her? Be thankful you didn't sell her and then find out how awful they are.
 
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I have found over the years that unless people put up good money for a horse, they nearly always have a different attitude to it than they would otherwise.


[/ QUOTE ]

WHAT RUBBISH!

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Exactly, that's total nonsense. I paid less for my girl (including tack and a couple of rugs) than half the folk on here paid for their saddles, yet she wants for nothing and has a more pampered life than me!

OP- I'm not sure I could have left her there in that state, please go get her asap.
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i know the police are saying its a civil matter, but if they are actting aggresive would they not take that seriously?

I would go and get the horse and if they turn up tell them you have called the rscpa and the police and they are on there way! Empty words i know but i may buy you time to get away safely.
 
Thank you so much for your replies.

i asked the question simple because someone told me i could be prosecuted for theft as passport is not true proof of ownership.

I have managed to have her moved half way home, she is in a safe place on full livery for the next few days

Thank you for all your concern.
 
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