With regards to loan agreements - condition of tack.

[WishfulThinker]

Most folk state in loan agreements about the condition and the items that go with the horse yes? So what should happen if items come back in a condition that you would class as uncared for - or more damage then wear and tear, or don't even come back.

Is there anything that can be done? I am just wondering as my boy is away with almost all his tack - well stuff he needs. But the saddle and bridle were only about 8 months old ad in a VERY good condition, and I had them stored in a locker and cleaned regularly when I had him. I have seen a few pics of him and the tack is clearly dirty - like patches of dried mud, and mud on riding boots rubbing on saddle etc.

I couldn't afford 2 sets of tack for him, and I also didn't want to risk him going naked and not being fitted properly.

So......................where would I stand? I had planned to go down a week before he comes home and go through the inventory and the condition of them etc.

Do I have a leg to stand on should anything be damaged?

 

[Ziggy_]

Did you use the BHS loan agreement?

I drafted a loan agreement a few months ago when I was thinking of loaning my girl out, using the BHS one and part of the agreement stated that all equipment loaned must be returned in at least equal condition to that which it was in when the loan started, or else repaired/replaced by the loanee.

Words to that effect anyway - I can't remember if it was a standard clause suggested by the BHS or one I made up. I would imagine that if you don't have a similar statement in your loan agreement, that you don't have a leg to stand on - if you do have similar then you should be OK.

 

[brighteyes]

We have one on loan and one going on loan. The loan pony will have a saddle that is fitted to her by the new people before she goes and the one we have on loan has been fitted for one by us. Comfort of horse is paramount and we prefer to use our own very nice tack on any we have, regardless of loan or own.

We kept stuff lent in to a minimum but our special girl is going fully equipped. I trust the peeps to keep it nice and I will be keeping a close eye on things anyway! BHS loan agreements for both btw

 

[ldlp111]

is that really in bhs loan agreement coz my bridle came back in a right state covered in mould and rug was wrecked had to get a new one.

 

[WishfulThinker]

Yes it is the BHS one, but given that recently there have been comments regarding it not being worth the paper its written on and having no standing what so ever.

I am just a bit of a worrier about stuff like this, as well, I REALLY look after my stuff and I have seen how folk can be with stuff that is not their own.

I have just changed my details on his microchip to my new details, as someone made a joke about them not returning my boy as I have a passport for him, but its not in my name as I forgot about it. Ad microchip is proof of ownership isnt it?

 

[lferguson977]

not sure about tack - but, passport is NOT proof of ownership, and must go with the horse.

 

[Dizzykizzy]

I am one of the ones that has discovered the agreement *may* not be worth the paper it is written on.
I didn't know this until I asked on here and others have said it will stand up to a court hearing.
I guess it is down to how much you need to get back if things go wrong.
My agreement said tack would be replaced like with like, it wasn't, some of it was not replaced at all and there are bits missing.
The worst thing is our horse now has travelling issues which she didn't have before, it isn't covered by the contract and I don't think there is a lot we can do about it anyway.

 

[saalsk]

I have loaned, and loaned horses out so seen it from both sides. I put my lad on loan to a nice young girl who kept him a few miles away at a different yard. I checked him weekly. She was told by the YO (and by me) not to leave tack at the yard but she did and the saddle, bridle, and myler snaffle all got pinched. The BHS loan agreement was very clear as to type, condition and worth/price of everything that went with him. She gave him back 4 months later (gave proper notice) but never replaced the tack. We agreed an amount, she failed to pay, we agreed a monthly amount, still no money, and eventually got £5 one week before going back to not paying again. I had to take her to the small claims court but she did pay up. The loan agreement was the one thing I had to prove she had taken the tack on loan, and it's cost. I hated having to do it, and not surprisingly I don't see her anymore, but at least I got to replace the tack. It may not be the best thing, but it is better than nothing.

 

[WishfulThinker]

Yeah, cos I also noticed that she only has it all insured for £250.........the saddle was that alone. So it would depend on how much it would cost to find a v good condition 18 month old saddle that fitted him if anything happened to his one. Rugs i am not overly bothered with,but I know they have been used on her other horses I have photographic proof, although none of the state they left in - I did last time I loaned, i took photos of everything (my ex was kinda anal about that so was his idea). I do have another bridle for him to. I wouldn't hesitate trying to get things sorted if it was damaged, as I have my receipt for the saddle etc to say when it was bought and so can prove it was well, still new to be fair - as it was Jan 2008 I bought it. The horse and that are the only 2 things I still have receipts for. lol.

I am just getting picky about everything after the whole pa lava with my mate and my car (now sitting at my dads with an EMPTY tank of petrol and empty oil

) and generally my property not being respected, and the baby stress as well................Things dont seem to go too smoothly for me, so i am hoping things change soon!

 

[saalsk]

Having been stung once (I was nice to the girl as well and asked for £250 to cover all the tack missing - it was worth over £500, but she is young, and the theft wasn't technically her fault and once I had asked for that amount I didn;'t want to change it when I went to the small claims) I am not being stung again and have very detailed list with pictures of everything going on loan except things like over reach boots (standard ones) and headcollars (fabric) etc. I hate to be so cynical, and I have 2 lovely people who are loaning 2 of my horses at the moment and keep them spotless, but I have had to learn the hard way.