What would you do???

Tinseltoes

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Long story but I have a pony on loan,until payed for,but on the contract there is no dates as to pay by etc.I have had said pony since sept 2005.Now she isnt microchipped and her this woman who called herself the owner refuses to hand over the passport (cant find her on NED under her pony name or height).This person has NEVER been to see the pony in all these years,infact owner (or so she kept saying) was demanding me to hand over the £250.00 for the pony but when I offered to meet with the money she came up with all excuses under the sun.(cost too much in petrol and was demanding I post it too her)Then threatening me with theft when I refused. (would you said money to someone who lies?) I asked her many times to send the passport and she then that my contract was not valid and I should rip it up (No way) as the pony wasnt hers and then said the pony's owner (seems she is not her now) wouldnt hand over the passport till pony was payed for. Not in contact with person who loaned pony as she is not nice.I don't know if pony belongs to her or other woman as she told me she had the ponies in leiu of woman owing grazing.
Would you just apply for a new passport and get microchipped??? Or just ignore it and carry on anyway?
 
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POLLDARK

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A can of worms. Firstly do NOT destroy the contract. Is it possible for you to visit this person (take someone with you), get a sight of the passport & if it looks valid retain the passport & hand over the money. ? The other option is to do nothing at all after all posesssion is 9/10ths of the law. Let sleeping dogs lie maybe. You could get advice from a legal helpline or the Citizens advice people. Good luck is all I can say.
 

ihatework

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Called the BHS helpline (and if you are not a member then join).

My gut feeling is to ask for confirmation of name and address of the owner. Then drive there yourself, with cash and obtain a fully signed receipt and the passport.
 

Tickles

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19 April 2009
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Assuming you want to keep the pony then what ihatework said.

Although beware: if your pony turns out to be stolen (as in you don't buy it off the actual legal 'owner' whoever that may turn out to be) then you could be asked to return it, without compensation, to the real owner.

You may then be able to pursue a claim with the thief/whoever you paid the money to but it sounds as though that might be difficult… and you still wouldn’t have the pony.

Loan with view to buy contract will only be valid if made with whoever was owner at the time. If it wasn’t then pony would still go back to original owner, and you would have no claim to buy it for the price agreed.

BHS should provide better advice… join if you aren’t already a member and you’ll make the money back just on this!

Good luck.
 

be positive

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Would the pony even have a passport, in 2005 it was not a legal requirement so unless it was registered it is more than likely not to have one.

I would be tempted to send a small cheque in full payment, if it is cashed keep your statements, get a passport and assume it is yours. You need to keep the contract .
The owners whoever they are have shown no interest for so long, unless the pony is now worth a lot more than meat money they are unlikely to want to spend anything to collect either the pony or cash from you.
 

Tinseltoes

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4 September 2009
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South Wales
Would the pony even have a passport, in 2005 it was not a legal requirement so unless it was registered it is more than likely not to have one.

I would be tempted to send a small cheque in full payment, if it is cashed keep your statements, get a passport and assume it is yours. You need to keep the contract .
The owners whoever they are have shown no interest for so long, unless the pony is now worth a lot more than meat money they are unlikely to want to spend anything to collect either the pony or cash from you.
She is a pet,I have her as company for my cobblet.She is not broken in as she is small-
Welsh section A. Supposidly registered but I don't know in what pony name.
I think passports were legal as I bought my cobblet from same woman and she gave me his passport. woman probebly doesnt have the passport for pony if truths known,or if she did have the pony as payment for money owing on grazing,the original owner could still have it.
The contract has pony's name,my name/address,loaners name/address and wittness.
NO instructions or anything,not even where pony to be kept. Still keeping it tho.
Woman only came to bring my horse and he had to travel with his mother,they came back next day to fetch her and bring the section A. Have not been near since,this was in 2005.Longtime. Id be in contact if it was my pony,but she's NOT in contact with me ( was advised by solicitor to do all correspondence via post,surprise surprise she NEVER s did reply,not heard from her since).She isnt interested in the pony,She was using bullying tatics and then I told her years ago "come fetch the pony" she never did. Pony staying anyway,part of the family.
Can I get her microchipped without a passport????
 
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