where do I stand and what can I do? (loan related)

L

little_rou

Well-Known Member
Joined
16 August 2010
Messages
190
Visit site
I loaned a horse last autumn as a companion/hack for my old boy.

Shes a sweet thing, but not the horse for me.

I spoke to the Owners in December and told them I had doubts.

I spoke to the owners in January and told them I had made a decision and that she wasnt the horse for me. knowing they had no land of thier own and would need to sort out livery/another home for her, I said she could stay until they sorted something out.

I hear nothing for weeks.

I finally get hold of them in February. They havent found a livery yard, (they say everything within a 20 mile radius is full or crazy expensive) they have nowhere to take her to. they havent advertised her. I decide at this point to be more forceful and put it in writing that I give my notice on the agreement. they start advertising. so I assumed she would soon go.

We are now in March. noone has been to look at her. they still havent come up with a home for her. they tell me they dont have the time, money or facilities to take her back.

I am currently still paying all of her bills!! yes I have mug written across my forehead!! I know!!

My concern is the welfare of the animal, and making sure she finds a good home, and is cared for suficiently in the meantime - none of this is her fault - what can I do???
 
Write to them stating that as of now you will be charging them x/day for full livery (£20 seems about right).
b)(probably best option if you can manage the horse):Write to them stating that unless she is removed from your yard in 7 days you will be seeking ownership, or ring them and suggest they sign her to you.
c)Write to them and state that unless she is removed within 28 days you will be taking her to your most convient abbatoir to have her shot and recoup your costs.
C) sound heartless but if you are stuck with a horse you don't want?
 
SusieT said:
Write to them stating that as of now you will be charging them x/day for full livery (£20 seems about right).
b)(probably best option if you can manage the horse):Write to them stating that unless she is removed from your yard in 7 days you will be seeking ownership, or ring them and suggest they sign her to you.
c)Write to them and state that unless she is removed within 28 days you will be taking her to your most convient abbatoir to have her shot and recoup your costs.
C) sound heartless but if you are stuck with a horse you don't want?
Click to expand...

Blimey, would you really do that? I agree with the first two options. But I would never shoot or threaten to shoot any horse.
 
thats stupid, where did it come from in the first place then?!
just ring them an say you cant afford it and your running out of hay/feeds and shes already on half a net a night then maybe if they think there horse is being starved they might come get it ahha
or say something like shes been showing very bad signs on colic but you dont know how to handle it an have no money for the vet,
yeah that sounds horrible but i would just lie to them an make them wanna get there horse back!
 
Option 'C' does sound quite harsh but by the sounds of things the owners are not making much effort in moving things on and either taking the horse back or finding her a new home, so maybe this is the shock tactic they need to give them a kick up the bum?!?! even if you don't have any intentions whatsoever of doing something like that.

I would send all post to them via registered mail as you don't want them turning around and saying that they have never got a letter from you and were not given an opportunity to put things right with the horse...

If they are in financial difficulties then maybe they could sign the horse over to you and you could sell her on?? It just depends on your own personal cash flow and time of course...
 
If it was dangerous/difficult to ride and I was unable to manage it and had nothing else to do with it? Yes. Preferentially the owner would take it back but what do you do if you can't afford to keep it at livery? tie it to the gate? Often it is something that will spur the owner on to do something. I might not actually take it to the abattoir in the end depending on the horse..
 
well i would do none of the above. I would say if the horse hasnt been removed by a certain date you will put the horse up for sale yourself and be keep the money from the sale to recoup the expenses you have incurred. I certainly wouldnt threaten to slaughter it?! thats awful- would make you seem like a terrible person and if the horse wasnt removed and you (obviously) havent carried through your actions, it would make your threats seem feeble and they are likely to take the mick even more!!
 
Thanks for all of your responses, no they don't want her back and tell me they want to sell, they are advertising but stupidly over priced, I've told them they will be lucky to get half of the asking price! But in the meantime its my hay she's eating! I know its time to get tough, although we Wont be going as get as the abbatoir! But see it could be a useful shock tactic!
 
Get them to sign the hose over to you and then sell her yourself.

Sorry just seen that she's advertised for sale which is good. So your next step is to now outline to them the terms of your charges for keeping her say from the first of this month. Clearly C above is illegal, but if they don't pay and she's not sold within the next 3 or 4 months you can seek to claim her in Liu of thier debt to you. I suppose that ad long as she's kept at home and not livery the costs won't be huge, iand she is fulfilling part of her role, in keeping your other horse company.
 
Last edited:
stroppy-See you have a useful thing to contribute as always?
I would be very strong that she is not staying on your yard for free, begin billing them, I think you might be at the stage of needing a solicitor if they throw a fuss about paying as you are right, it is your haylage and they are being unreasonable.
 
I guess from the sound of it you didn't have any form of written agreement with the mare's owners (I'm not being sanctimonious - I've never had anything in writing for horses I've had on loan, but I know I should!!). In the absence of any such agreement I think Susie T's first comment is the best. Tell they have now had 3? months' notice that you no longer can keep the horse, and from X date, while you would still be prepared to look after her, you will be charging a realistic full livery rate for so doing, and that you will not be responsible for any veterinary bills she might incur. Also, as you cannot insure a horse that is not yours, are they paying for her insurance?
 
Being super organised (not) I left it until 1 week before pony came back off loan before getting round to viewing and securing a stable.. in winter as will :o Bad I know. Anyway lol they've had plentyyyy of time to find a yard. Good luck :)
 
If they definately have the horse up for sale and are selling it I would bill them and tell them they can take the amount they own you out of the money they get for the horse. I would bill them as you go along, or tell them what the charge will be so they can't say they didn't know how expensive it would be.
 
I would write to them and say that as they have had 3 months to find alternative arangements for their horse you will be charging them livery, if they want you to sell the horse on their behalf it will cost them x% of the sale price on top of the livery charges and advertising.

Depending on what you charge for livery this might not necessarily include wormers, shoeing etc.

If they don't respond then claim abandonment and find out where you stand legally.
 
Actually I don't think SusieT is an unpleasant person, she's being realistic. I don't see anyone on here offering to buy / loan / have this horse. little_rou has already told the owners she can't keep the horse & must return it, they are the ones who are unpleasant people to put little_rou in this situation. I think you should follow the terms fo your loan aggreement (you have got one?) & state in writing the date by which the horse must be removed from your care. Failing this they will be charged livery costs of £XXX per week or part thereof that the horse remains with you. Are you a member of BHS or insured with legal support? If so contact the legal support & get their advice & put in your letter that you are acting on legal advice. Good Luck.
 
Thank you all for confirming what I thought and that Im not a mean old ogre!! :D

I do have an agreement which states 30 days. The agreement doesnt state what happens after the 30 days has passed and I had thought most sensible, decent owners would have been and picked the mare up well before now, so on entering the agreement it didnt occur to me to question what should happen after 30 days had passed!! (does that make sense)

I have asked them to start making a contribution of £20 per week (which is covering hard feed, adlib hay, blacksmith, wormers, an aportionment of my costs to get to the yard twice a day etc) we own the land but the going rate around here is £15 per week for grass only, so I think this is only fair. I am not making any money from this I am purely asking for costs to be covered, as 3 months has passed since our original conversation. I have given them a further 14 days before charges will come into affect.

They have been to visit the mare twice since last autumn and only once since Decemember.

It sits difficultly on my conscience as I want to do what is in the mares best interest, shes not the easiest of mares and dumping at the first home that comes up is not what I wanted for her, but I cant allow myself to be taken advantage of any further!! I feel soo cross with them for not being more responsible.

I have suggested they sign her over - that went down like a lead ballon.... :rolleyes::rolleyes::rolleyes:
 
little_rou said:
Thank you all for confirming what I thought and that Im not a mean old ogre!! :D

I do have an agreement which states 30 days. The agreement doesnt state what happens after the 30 days has passed and I had thought most sensible, decent owners would have been and picked the mare up well before now, so on entering the agreement it didnt occur to me to question what should happen after 30 days had passed!! (does that make sense)

I have asked them to start making a contribution of £20 per week (which is covering hard feed, adlib hay, blacksmith, wormers, an aportionment of my costs to get to the yard twice a day etc) we own the land but the going rate around here is £15 per week for grass only, so I think this is only fair. I am not making any money from this I am purely asking for costs to be covered, as 3 months has passed since our original conversation. I have given them a further 14 days before charges will come into affect.

They have been to visit the mare twice since last autumn and only once since Decemember.

It sits difficultly on my conscience as I want to do what is in the mares best interest, shes not the easiest of mares and dumping at the first home that comes up is not what I wanted for her, but I cant allow myself to be taken advantage of any further!! I feel soo cross with them for not being more responsible.

I have suggested they sign her over - that went down like a lead ballon.... :rolleyes::rolleyes::rolleyes:
Click to expand...

I don't really have much to add but, I think this is a very reasonable decision and you've clearly got a conscience :)

All the best
 
You must log in or register to reply here.
Top