Where will she stand legally?

bonny said:
That’s not right, I’ve been in this situation and legally the pony belongs to the new owners. Might seem wrong, as it did to me but if you go to get the pony do not involve the police..they will tell you to go to court which as the pony is so far away is probably the best thing to do.

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I don't think this is true in the situation, because it sounds like the pony went on trial rather than being officially sold. If this can be proved in writing, then the new owners shouldn't be able to claim the pony.

I agree the police probably won't be interested, though.

exracehorse said:
She has all messages. Texts etc. Buyer on Universal Credits. Claiming poverty. She texted to say can she pay in instalments. Then stopped messaging altogether.
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In my opinion, then, there are two possible options:

-Contact the owners, say she is ending the trial as they can't pay and she will be arriving to pick up the pony ASAP, and then get there tomorrow if she can. If she has a contact for the yard owner, she should also let them know the situation. If she can prove the pony only ever went on trial, then it should be fairly easy to get the pony back.

-Seek legal advice and go via small claims to try and get the purchase price back.
 
Hope you get the pony back if I was you I would be picking the horse up in the today. To many people want horses but are very unwilling to put there hand in their pocket.
 
exracehorse said:
Hi. Owner claiming financially broke. Pony is apparently lovely! Spoke to friend just now. She’s struggling with it all. Pony is lower end in price. He’s 4 hours away so an 8 hour trip. She only has the yard address. Not home address. The lady has the passport. She is ignoring all contact. I suggested threaten to name and shame. Or court action. The girl has had the cheek to post on ‘trace my horse‘ to ask for previous owners history on the pony and she hasn’t paid for him. It’s theft !
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I wouldnt care it was 4 hours away, I would be driving there right now to pick the pony up. If the pony wasnt there, I'd demand the YO gave you her details then threaten the girl with calling the police for theft if she didnt appear with the pony straight away for you to take home. More for the sake of the pony than anything else, if she cant afford to pay for it and is also that dishonest already then god knows how she treats the poor thing.

I put a horse on permanent loan to a lady, I got a phone call from a total stranger telling me the horse was being badly kept by the lady (including giving me numbers for other people at the yard to back her up), I told the lady I was cancelling the loan and I immediately drove the 5 hour round trip to pick my horse up. Spent 2.5 hour journey home with the trailer swinging side to side as poor horse had bloody pinworm, 17hh WB itching his bum the whole way was not a fun experience.
 
I’ve asked which county the livery yard is. As she hasn’t got the girls home address. Ive passed all your Wonderful advice on. The pony was on a three week trial. They said he’s been perfect. Payment of 500 pounds was due as she paid 100 deposit. Chloe is now over due. And pleading poverty due to no money from universal credit. Won’t accept Facebook friend request . And is not answering messages. She’s posted on Trace my Horse for info on the pony, saying it’s her new pony. But she’s not paid for it! My friend truck is old and prob wouldn’t make the 8 hour trip. We’re in Suffolk. He has Also lost his livery space although I could temporarily put him in a field at my Yard Personally, I’d be hiring a transporter to pick him up even though it would cost a lot more than the 100 pounds deposit. Hoping to get update from friend today.
 
If this woman is genuine then it’s probably in the pony’s best interests too to be brought back home if she is as broke as she makes out. Could you contact the livery yard owner and have a chat with her once you find out who it is?
 
holeymoley said:
If this woman is genuine then it’s probably in the pony’s best interests too to be brought back home if she is as broke as she makes out. Could you contact the livery yard owner and have a chat with her once you find out who it is?
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Totally agree. I’d want to know what the yard owner knows. Girl may owe livery money there
 
There’s a fb page called ‘bad livery yards and debtors’ if you wanted to go down that route and ask regarding that area. It seems to be quite effective.
 
The consideration must be paid - I’d go and get the pony as the consideration has not been paid in a timely manner — offer + acceptance but no consideration doesn’t constitute a binding contract therefore no sale has happened and possession is 9/10th get the pony and if she wants it back she’ll have to pay the rest of the bill plus your costs...
 
bonny said:
That’s not right, I’ve been in this situation and legally the pony belongs to the new owners. Might seem wrong, as it did to me but if you go to get the pony do not involve the police..they will tell you to go to court which as the pony is so far away is probably the best thing to do.

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They have obtained the pony by deception, it's pretty straight forward, police will attend purely to stop a breach of the peace. If they actually feel like getting involved they can arrest the person but they won't because they haven't got the time or can't be bothered. If also been involved in these things & I arrested.
 
Can you contact the transporter? They may not give you details due to GDPR but surely given the circumstances there’s a way round it.
 
holeymoley said:
Can you contact the transporter? They may not give you details due to GDPR but surely given the circumstances there’s a way round it.
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I’ve since found out that Chloe used a lorry from her yard. So owner can’t trace it that way. No contract. Girl has passport. Pony was 600 pounds minus the 100 paid on the day. Was to be a three week trial.
 
Gah. A bit of mess right enough. Did you get on that Facebook page bad livery Yard’s and debtors? Theres bound to be someone that’s at the same yard or knows of her in the area.
 
To some extent thre is an arguement that your friend may be better washing their hands and learning from the experience- the fact she hasnt even taken basic like address of laoaner, or address of yard pony is going to suggests she has been a bit silly, and will probably spend more than she makes from recovering mpony. clearly I am not condoning what the buyer has done.
 
OK so maybe I've got hold of the wrong end of the stick here, but here is how it sounds to me.......

Owner lets someone take their pony "on trial". Person pays a pittance and takes the pony.

Meanwhile owner has made NO arrangements re. terms of the trial, payment plan, or return of the pony if not suitable. Or who will pay for the return transport if trial unsuccessful.

Owner has made NO enquiries as to whereabouts the pony will be kept or any details such as the YO, local vet etc.

Sorry but yes appreciate am sounding harsh here but frankly to NOT know where your horse/pony will be kept is unbelievable! Even though it is several hours journey away I would want to see/inspect where the animal would be kept for the duration, and possibly long-term.

Meantime the prospective owner is trumping the poverty-card and saying oh dear she can't afford it! And is ignoring contact with the owner. Owner hasn't taken the trouble to find out where her pony will be kept and so cannot do anything!

Truly astonishing! You just couldn't make it up.
 
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