Where do you stand? - loan nightmare

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minwood

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I'm posting for my sister, she has a pony on loan which isn't working out. He tanked off with my nephew who is 5, mum was walking along side she literally turned her back and he was gone and fell off quite bad and won't get back on ( don't blame him). My daughter thought she'd get on him who's 11 and he did the same but repeatedly bucking trying to get her off. He's fine on lead rein but when he's off he's got other ideas even out hacking, awful on the ground too so kids can't really brush him. She contacted the owner who is refusing to have him back, won't talk just emails stating that my sister has to pay to get his back checked, strangles tests, contract threats, list goes on. I suggested we just drop him off :-/ what can she do if we did???? He's put 2 children off him what is the harm in returning for that reason???
 
Was pony loaned as a lead rein??? Alot of lead rein ponies are never trained off lead hense why so many really don't make suitable first ridden ponies.. However regardless, give loan notice required to terminate contract by registered letter.
 
Does she have a loan contract, and what does it say? Hopefully there is a clause in there allowing you to give a month's notice and return the pony. If there is not, and it's a year contract, you may be obliged to keep him for the year unless there is anything in the loan contract about what happens if the pony is not fit for purpose. It does sound as though his owner is being unfair (strangles tests??) which wouldn't help her if it came to any kind of legal battle. As he is a kids pony and is dangerous, I would be inclined to give a formal month's notice by letter, and take him back. If his original advert describes him as safe, you could argue that he is not fit for purpose or as described.
 
send a letter/ E mail stating that you are terminating the Loan on such a date (Give the correct notice period as stated in the contract) then drop the pony off on said date
 
There is absolutely no harm in returning him for that reason... he clearly isn't a child's pony!

If you know where he used to live/ where you got him from i would simply drop him off. He's her horse and she needs to sort him out!! I currently have a horse on loan and its exactly what i would do if i didn't want him anymore due to anything and the owner was refusing to take him back... thankfully its all working out and the owner is nice enough.. although she has ignored my request to come and sort out a loading issue...

We had to do this once, i had a horse on trail for a month all was going well we got her vetted and she failed by a lot so we decided we didnt want to buy her for £3500! so the owners dropped the price to £2500... still didnt want to buy her and kept asking them to pick her up so they dropped the price to £1500.... they were not getting the hint so we simply took her and all her stuff to the address we picked her up from, turned up and put her in an empty stable with all her stuff left outside the box and left! funnily enough they never contacted us again!
 
I am assuming that there is no written contract. I would write, or e-mail saying that the pony is not suitable for the purpose of the original loan as a children's pony and give her notice of its return on X date and say that any costs after that date will have to be paid by her.
I have loaned out my ponies and fortunately never had one returned for this reason but if I had I would have it back as soon as possible.
 
Give a months notice or whatever applies as per your contract, and then take him back. I assume your contract has a notice clause? Your sister doesn't have to give a reason to end the contract, and I cant see how she would be obliged to do the things that the owner is insisting on, just give notice and return on the date specified.
 
Also looking at it from the loaners POV, although she cannot refuse to take him back maybe her livery yard has a strangles test rule for incoming horses? That is happening more now and perhaps owner feels she shouildn't have to pay for it. Getting his back checked - she might think that is why he is misbehaving, perhaps he didn't do it with her. Like I say she cannot refuse to take him back but you may have to play ball a bit.

I loaned a pony out who was returnend to me as she started falling over in the school, turned out although I had loaned her as a confidence giving quiet pony as she was so willing they had jumped and jumped and jumped her, when I went and picked her up, wihch I did the day of the call as they declined to get a vet out she was a complete cripple.
 
kelsey+tom said:
send a letter/ E mail stating that you are terminating the Loan on such a date (Give the correct notice period as stated in the contract) then drop the pony off on said date
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I agree. But as another poster has said you may have to get a strangles test to be able to return it to the yard.
 
He was both lead rein and off! He was tried by both children and looking back seemed the owner seemed over joyed that my daughter was jumping him and cantering round so well- maybe because he's usually a little git! I really can't see that he's done PC etc he's so spooky too, no good for my nephew esp now he won't ride him anymore! There was a basic contract but it now has bits added to it now that he's returning! Never known anything like it!
 
I would go by the version of the contract that you and the owner both signed at the time you collected him and comply with whatever that said about returning him. Don't worry about what he is or is not - you've decided to return him - if the contract has a months notice (as most do) you could return him because you decided he was the wrong colour if you wanted to!!
 
I can look at it from her pov because I loaned my sons pony out, it didn't work with them, luckerly picked her up ASAP as all that time she had been left in a field to get fat, had sun burn on her nose her tack had been dumped by the gate and no loaners to be seen! I got her home my son rode her and she was as good as gold. Past ponies that we have loaned out have always been welcomed back they are still our responsibility!!!! As for strangles he hasn't been anywhere else to contract it, he has to have his own field too as he escapes and doesn't get on with others either! It's not a livery yard just her home!
 
Agree with above - go with version of contract that both parties signed upon commencing loan and ignore anything being added since signing if no new contract has been officially written up and signed by both parties.
Usually even a years contract has a one or three month "notice" clause to return/request the return of loan pony so you should be covered.
Good luck!
 
Unless the contract specifies that the loaner can vary its terms unilaterally (i.e. without your sister's agreement) which would be very very rare (usually such terms are only found in large scale standard agreements, like mobile phone T's and C's etc), then subsequent amendments should be discounted.
If the contract contains a process for termination, follow it. If it does not, contact the owner, specify date and time of return (making it reasonable - midnight tomorrow would be a tad unfair) and then return the pony. Nothing is guaranteed but my gut reaction would be that it would very unlikely that the owner would ever sue your sister for breach as most people don't bother pursuing such cases unless they have a very tangible loss that they can demonstrate.
 
Just contact the owner, in writing, specifying you are terminating the loan agreement and as per clause xxxx your notice will end on y date. The pony will be delivered back on that date unless the owner wishes to arrange a mutually convenient date prior to that.
 
According to my sisters solicitor this isn't as easy as returning the pony!!! She needs a vet to check the pony out before it returns to the owner, this will back her up if the owner says there is a problem and try's to blame my sister for it! Honestly it makes you wonder why you bother, you loan it, care for it, it throws your child off and puts them off riding for life, and then pay hundreds of pounds to return it.....something's wrong here!
 
Have you checked out how much feed or what type of feed pony is getting, does the saddle still fit or has he chanpged shape as its winter, is he on hay or haylage, also add magnesium to feed, our grass is lacking in magnesium in the uk, it really is a calmer, pony cant have gone from an angel to a nut for no reason
 
Yes there is a contract, but seems owner has suddenly put in her own rules. There is nothing physically wrong with the pony he's just taking the mick, yes the tack is his! I wouldn't risk any child on him now and at the end of the day he's on loan so should be simple :-/ .
 
minwood said:
According to my sisters solicitor this isn't as easy as returning the pony!!! She needs a vet to check the pony out before it returns to the owner, this will back her up if the owner says there is a problem and try's to blame my sister for it! Honestly it makes you wonder why you bother, you loan it, care for it, it throws your child off and puts them off riding for life, and then pay hundreds of pounds to return it.....something's wrong here!
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Utter tosh.
 
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