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Post by skint on Dec 19, 2006 8:58:57 GMT
Hi
This is quite a long story, but wonder if anyone has any legal advice on the following.
My friend owned a pony for some years which was sold when there was no-one to ride him, he was a lovely pony who really taught kids to ride etc. The people that bought him then sold him on when her daughter grew too big for him. In the end he went to a family who didnt really have a clue but kept him at livery so he was well looked after. They quickly realised that it was hard work having a pony and the daughter was not interested. They put him up for sale but obviously he was an old pony and no-one was interested. In the end they gave him back to my friend for nothing as long as the daughter could come up and see him. This was a year ago and he came with his passport etc. they came to see him a total of twice early this year.
My firend was at his Xmas do last night when he got a text to say they had been and fetched the pony out of his field and that the daughter was pining for him and that he is theres now.
They will not speak to my friend on the phone and have just text him to say sent them a bill for his keep etc for the year.
He is distraught, he doesnt know where the pony has gone. Dpoes anyone have any ideas where he stands on this.
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Post by Pho3nix on Dec 19, 2006 9:44:13 GMT
if your friend still has the passport that should be enough proof of ownership. It will be a very difficult case, as no monies have exchanged hands. However, technically that is theft as the pony has been taken without permission. for all we know, it could have been taken by anyone. I would contact the police explaining that the pony has been taken from the field and inform them of the text messages. After that, leave it with the police. Directly contacting a solicitor will end up in a long term battle, at least involving the police will cause a quicker action, and probably an enforced return of the pony until the case is heard in court. - i would contact a solicitor too, but def inform the police first, get the ball rolling before solicitors slow it down! i think the fact the family haven't been paying on a regular basis for livery etc will also help your friend in terms of proving that the horse was in fact his. good luck, i hope that helps and the pony is returned the rightful owner!  |
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Post by Guestless on Dec 19, 2006 9:59:33 GMT
if your friend still has the passport that should be enough proof of ownership. It will be a very difficult case, as no monies have exchanged hands. However, technically that is theft as the pony has been taken without permission. Actually it's very clear that passports are not proof of ownership and that's why the original should go with horses going on loan. Who is the passport with? Was a change of ownership done? If that was done, then apart from not knowing where the pony is, it should be easy enough to prove ownership. Otherwise, this sounds like a very difficult - he says, she says sort of case.  |
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Post by Pho3nix on Dec 19, 2006 10:29:01 GMT
if your friend still has the passport that should be enough proof of ownership. It will be a very difficult case, as no monies have exchanged hands. However, technically that is theft as the pony has been taken without permission. Actually it's very clear that passports are not proof of ownership and that's why the original should go with horses going on loan. Who is the passport with? Was a change of ownership done? If that was done, then apart from not knowing where the pony is, it should be easy enough to prove ownership. Otherwise, this sounds like a very difficult - he says, she says sort of case. sorry i got ahead of myself, i was meaning the change of ownership within the passport... if that makes sence  but yes, def a very his word against theirs. |
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Post by lolly on Dec 19, 2006 11:42:46 GMT
Khan is our old pony and we sold him on to what we thought would be a loving home where he would do lead rein only when my daughter out grew him. He was sold with clear indications that if he was no longer wanted he could come back to us.
When he was offered to us we had no room for him but the previous owners who had him for over 12 years prior to us offered a loving perminant retirement home as he was now 23 and a bit wobbley. Khan has spent over the last year being loved and looked after by all concerned so you can imagine the upset when he just literally was taken from the field last night and the first anybody new about it was a text message.
I still had the old original documentation from the Arab Horse Society but had a new Part Bred Welsh book done from his old welsh papers when we first had him. When I sold him the welsh passport went with him but I forgot to give them his Arab papers. When my friend had him last year I gave the Arab papers to him as these were still in his name as I had never altered them. The welsh pony passport stayed with the people who bought him off me and they were always going to give them to either me or my friend, but never got around to it
Imagine how upset and heartbroken we all are, the people concerned have not paid a penny for any upkeep and had only visited twice in over a year. They always spoke about him as 'now belonging to my friend'. Legally I think as they have his welsh passport they still own him, and they say they will pay for his upkeep for the last year although this I have serious doubts over.
I am desperatlely trying to track them down as my fear is now with it been Christmas they will try to sell him for some extra money. This I would gladly pay just so he can go back to his old friends and his loving retirement home.
It just proves you can never really trust people, and to always get things in black and white and on paper.
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Post by Pho3nix on Dec 19, 2006 11:57:41 GMT
yeah, u never can be sure can you?  its a real shame and the poor lad is old and i think very mean and selfish of those people to just up and take him. You'd think, if they knew anything about horses, they would leave him to retire where he is best loved and cared for. i really hope you/your friend get him back safe and sound. |
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Post by lolly on Dec 19, 2006 14:53:13 GMT
;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D GUESS WHAT
JUST BOUGHT OUR BOY BACK
HOW FAB IS THAT - THOSE HORRIBLE PEOPLE WERE TRYING TO SELL HIM
NOT TELLING HUBBIE THOUGH I MAY BE SKINNED AND PLUCKED ALIVE - THEN ROASTED FOR DINNER AND SPAT OUT WITH THE SPROUTS ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D GOSH I AM TRAUMATISED AND IN SHOCK |
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Post by Pho3nix on Dec 19, 2006 15:15:07 GMT
;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D GUESS WHAT
JUST BOUGHT OUR BOY BACK
HOW FAB IS THAT - THOSE HORRIBLE PEOPLE WERE TRYING TO SELL HIM
NOT TELLING HUBBIE THOUGH I MAY BE SKINNED AND PLUCKED ALIVE - THEN ROASTED FOR DINNER AND SPAT OUT WITH THE SPROUTS ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D GOSH I AM TRAUMATISED AND IN SHOCK OH well done! I take it you bought him back? or did u go in guns blazing and take him back in a sotry worthly to be made into an epic film??  really gald u got him back tho, very very pleased for you  yay! |
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Post by lolly on Dec 19, 2006 15:23:53 GMT
We paid a silly amount for a very old but beautiful little man, who really didnt deserve all this I do believe though what goes around, comes around... Just wait till they are now hit with a years bill for full livery from my friend ;D |
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Post by Pho3nix on Dec 19, 2006 15:30:32 GMT
We paid a silly amount for a very old but beautiful little man, who really didnt deserve all this I do believe though what goes around, comes around... Just wait till they are now hit with a years bill for full livery ;D yeah do it! claim back 100% of what u paid for him hahaha aww its nice to hear u got him back tho. Good things do happen |
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Post by Guestless on Dec 19, 2006 18:00:38 GMT
Glad you've got him back. Sounds like the loyal little man didn't deserve what they were putting him through.
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Post by sallyw on Dec 21, 2006 16:01:52 GMT
I am so glad that you got your pony back. I would definately charge them livery including shoes., vet etc. Teach them a lesson. I have an old pony which someone gave to me and I too have the passport etc. Your story made me a bit nervous - although she has been here for nearly two years and I have not heard from them at all. Maybe this is a lesson for us all to get some sort of paperwork and not just the passport. Good to have a happy ending!!
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yay! 