When loaner won't give the horse back....

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tye_bo

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Has this happened to anyone? I've spoke to my loaners to advise them that I am giving them the agreed months notice that I am ending the loan and they haven't taken it very well (understatement of the year
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). They have threatened that they are going to take legal action to keep the horse stating that possession is 9th 10ths of the law. I'm now worried that they are going to do a flit with said horse. They have all my tack, rubber mats, rugs etc - what if they take it away from the yard too - it's worth a fortune. Should I involve the police, should I nab horse back???
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I havent had this problem personnally- but have seen this happen to the point where one owner was battling in the pooring rain at 4am in the morning trying to get pony back. I hate people like this who give genuine loaners bad reputations. Do you have a contract? and where is the pony kept? if its at a public livery yard you should let YO know - and let you know if they show any signs of doing a bunk!
 
Do you have these threats from them in writing, by text or email? Is the horse far from you and are they on a livery yard, in which case is the YO aware that this is your horse and prepared to help you?
 
They have her passport and injection card too I've just remembered.....

They signed something to say they had her on loan but not exactly a contract (plesase don't flame me I know it's stupid but I'm after practical advice now please).
 
These situations make me bloomin furious. It is stealing!! Where do people get the balls to say and do things like that...knowing that the horse does not belong to them!
Sorry...rant over!
What the others have said...firstly, do you have a contract? Where is he/she stabled? etc...these details will help decide on your next steps....
 
You should always have a legal contract with a loaner so that you have something should things like this happen.

Do you have any proof of ownership?
 
Threats were over the phone.....horse in own livery yard but owner away. They have the key to where my stuff is kept so I might not be able to get equipment/rugs stuff back?
 
Oh i forgot to add the police cant get involved as its a civil matter- and in fact you are more likey to get in trouble- for tresspass if you cross onto their property and remove horse.... if you are really worried - go with several people as witnesses/backup and remove it.
 
Well if they have signed something to say she is on loan, I can't see that they have a leg to stand on as far as your horse is concerned...however, for the equipment, you may have trouble here as you won't be able to prove who it all belongs to..
don't worry about the passport bit, a passport is not proof of ownership...
 
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You should always have a legal contract with a loaner so that you have something should things like this happen.

Do you have any proof of ownership?

[/ QUOTE ]

Yes I am stupid I know. I have the original bill of sale for when I bought her.
 
Do you have any proof that you own the horse as they have passport etc (not that a passport is proof of ownership)? are their any witnesses when you loaned the horse to them?
 
Although of course if you can prove the horse is yours and that they have seemed unwilling to give it back, the Police will attend to prevent a breach of the peace. But if they refuse to hand over the horse the Police cannot force them to do so
 
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Oh i forgot to add the police cant get involved as its a civil matter- and in fact you are more likey to get in trouble- for tresspass if you cross onto their property and remove horse.... if you are really worried - go with several people as witnesses/backup and remove it.

[/ QUOTE ]


As others have said it is stealing though (or the threat to steal). It's on a yard so not tresspassing or anything.
 
Don't worry about hindsight, go and get the horse back and as someone else said take some friends with you preferably big ones.. My horse is on loan and my loaner is lovely and also a friend of my instructor which helps as she sees my horse regularly, however I have retained her passport (she just has her innoculation book) and she has a copy of the passport for competition purposes.

Some years ago we had squatters in our flat who threatened legal action if we tried to make them leave, my OH at the time and some friends went round, threw them out and chucked all their stuff after them
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We had no further trouble from them
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Sorry I meant that if they are threatening to take/keep her and she doesn't belong to her then isn't that stealing or intent to steal?
 
although it is stealing at that point in time you have no proof of ownership- as you have no contract so the issue could be disputed in court- you gave them the pony- they did not take it from you- therefore its a matter for the court... sorry i know its not what you want to hear... but i studied law for 4 years so have some idea of how irritating the law can be!
 
If they were nasty on the phone, I suggest you round up as many friends possible and go and reclaim your property.

Don't underestimate how nasty people can get
 
[ QUOTE ]
If they were nasty on the phone, I suggest you round up as many friends possible and go and reclaim your property.

Don't underestimate how nasty people can get

[/ QUOTE ]

What right away do you mean? I have no transport so it's not that easy as I'll have to hire a box? Also I'd given them a months a notice??
 
Firstly, I feel really sorry for you, how terrible!

I think your signed document saying that it's a loan is enough. Did it say you had to give 1 months notice? Or was that a verbal agreement?

I didn't fully understand? Do they own the livery yard they're on? What is the risk they are going to move her? Do you have their home address if they did?

Have you not got a friend with transport?
 
Thats what you would use in court- but you see they havent phisically taken the pony from you so there was no theft taking place there and then for the police to arrest for. It is only IF they take her to a market etc and try to sell her- that you could get them 'done' for theft. Personally give them a week to calm down- talk to them about it to try to reason with them- if on the phone they threaten you- go and get horse with friends- as tbh threatening behaviour would tell me that they have breached any informal agreement!
 
I wouldn't worry about the months notice if I were you- they are the ones being unreasonable. If I were you I would borrow/hire transport asap and go round and get the horse- never mind a months notice! How rude of them!
 
i have to agree with above, if somone had my horse and didnt wana give it bk , then afraid they have to face the conciquences, i think , a blk eye is in order , lol...
 
i don't think it matters about the month notice they have already said they are not giving her back. i personally would ring around now get some transport go and get her and stay calm. at the end of the day she is your horse
 
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