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Nikkisian89
Silver Member
 England
292 Posts |
 Posted - 10 Jan 2011 : 6:43:18 PM
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Hi.
As some of you know from my recent post, my Arab gelding came back from 8-months on loan about 2 weeks ago.
Aldazi's coat what a mess, he had dropped weight and he just looked like a totally different horse.
We had the vets out and he's heavily infested in lice. The vet has known Aldazi for a long time and he has never been in such poor condition, she said he looks like a feral horse, which he does!
We thought this lady who loaned him was totally in love with him and spoiled him rotten. During Summer he was kept in a field with an older horse and all seemed fine.
Early November, the older horse has to be put to sleep meaning Aldazi would be in a field on his own 24/7. This worried me as I don't think it's healthy for a horse who is used to company to suddenly be left on his own all the time. So I raised my concerns saying he needs a friend and we kept in regular contact making sure Aldazi was ok and if she has found another horse to keep him company.
Apparently Aldazi was coping fine out on his own, which I was surprised with. Then in early December she said she's moving him onto a yard so he can be in a nice warm stable and with other horses. I thought that was a good idea because he'd have the shelter he needed with it being winter and he wouldn't be on his own.
Just before Christmas I get a Facebook message from her saying that she has no other choice, Aldazi is going to have to come home. Apparently he was bucking in his stable, lashing out at her, rearing up and refusing to go in his stable, apparently he got so wound up at one point he had choke and that he was dropping weight rapidly and won't settle.
This was quite alarming, how could everything go from being hunky dory to this within just a couple of weeks? Plus, I know Aldazi can be a handful at times, but to lash out at someone and behave in such way seemed out of charactor for him, he is a very sweet horse and would never hurt anyone unless he was scared.
So it was arranged for him to come home. She didn't even have the decency to turn up with him, nor did she send half of his stuff back that he went with!
Anyway, she had blocked me on Facebook and won't answer he phone when we ring. So I text her telling her that the vet has been to see Aldazi and he is heavily infested with lice and that we are devestated that she had let him get in such a state.
Her replies to that was she had the vet out to Aldazi 8 days before he came home for vaccinations and a health check and that the vet didn't notice anything and he had his rugs off.
So I replied with Aldazi without a doubt came home in the state he is as he hasn't been out with a horse since he's been home and the yard owner saw him when he arrived and saw the state of him.
Then she replied with that her vets are aware of any issues he had because of his field friend getting put down and having to be left alone in a field (which I was always saying he needs a friend to her but she insisted he was fine alone) then apparently he wouldn't settle in when she moved him onto the yard.
I am not happy at all with the state she let Aldazi get in. He looks neglected and to be so infested with lice, he obviously wasn't looked after properly. So we are thinking about seeking legal advice and speaking to a solicitor about it because she has broken our contract agreement by not looking after Aldazi properly.
What would anyone else do in this sort of situation? Is it worth seeking advice?
Sorry for the long story but any advice would be appreciated 
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Callisto
Platinum Member
6905 Posts |
Posted - 10 Jan 2011 : 7:11:25 PM
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I can totally understand your feelings, but I'm not sure that the legal route is the one to go down - it might well end up costing you money, without getting any real satisfaction (i.e. financial recompense to cover the cost of getting him back into condition). I would be very pleased to be told I am wrong by anyone who knows better, but all the cases that I have heard about seem to end up as money in the lawyer's pockets rather than anyone elses. Does your horse insurance offer legal advice? Alternatively it might be worth contacting the British Horse Society.
Hope he is back to health and happiness very soon. |
  Zahkira (GR Amaretto x Taffetta)
Linda
East Sussex |
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Nikkisian89
Silver Member
England
292 Posts |
Posted - 10 Jan 2011 : 7:31:21 PM
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Thanks for your advice.
Yes, I do agree that going to a solicitor probably isn't the best route to go down.
I'm with Petplan Equine so I will give them a ring tomorrow and see what they say.
I'm just so annoyed she's let him get in this mess. Poor boy has been through so much in his life  |
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natntaz
Platinum Member
England
2919 Posts |
Posted - 10 Jan 2011 : 7:53:12 PM
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I also think it would cost you more in fees than
you would get back and to be honest it isnt going to
help him now. I would put pictures of him how he was
and how he looked when you got him back and name and
shame her. She wont hopefully do it again then.
Its such a shame we hear so many instances of loans
going wrong. There are people who loan and are perfectly
good how they look after there horses. |
   
Natalie Pix. Essex. Tariq ibn Radfan and Taroub |
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Dark Angel
Silver Member
England
285 Posts |
Posted - 10 Jan 2011 : 8:30:34 PM
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| Spend your hard earned money on your boy hun. He'll appreciate it and you will see something positive for your money. Some people can be so evil to our beloved horses sometimes, the same has happened to me in the past with a pony mare. With your love and care he will be back to his normal contented self in no time. |
Hereford |
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Arabianknights
Bronze Member
England
156 Posts |
Posted - 10 Jan 2011 : 9:08:26 PM
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As a solicitor (albeit employment law so not much use to you I'm afraid) I would agree with the other posters that taking legal advice may not be the answer. If you are looking for financial compensation, then you would have to sue her and it may be disproportionately expensive to do so.
If you do still want to look into it, you could try checking your house/mortgage insurance as well to see whether you have legal expense cover to see whether it would cover the costs of getting some preliminary advice. |
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MinHe
Platinum Member
England
2927 Posts |
Posted - 10 Jan 2011 : 11:22:28 PM
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PetPlan do (or did) have a legal advice service, so I would definitely take advantage of that!
Keren |
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sub
Platinum Member
United Kingdom
1919 Posts |
Posted - 11 Jan 2011 : 08:01:08 AM
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I would say small claim court?
You need to claim back the items that were not returned with your horse.
If these were all clearly listed in your contract, then they have to be returned.
You may be able to claim back vets fees for his treatment since returning to you, but it very much depends on what was in your contract in the first place. |
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Ennik
Platinum Member
United Kingdom
1923 Posts |
Posted - 11 Jan 2011 : 10:44:52 AM
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| As one who's been through it I agree with what's already been said! County Court is good for getting goods or money back but it will still cost you even if you do it yourself without a solicitor. And let's face it you don't know what state the goods are now in or even if she's still got them! And it's an overly long process. At least you've got your horse back and he'll soon be fine again. If I were you, I'd just put it down to experience, save yourself all the stress, walk away and get back on with life. ..... Rose Ennik |
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Quarabian
Platinum Member
Wales
4340 Posts |
Posted - 11 Jan 2011 : 12:27:58 PM
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| It isn't just the financial cost of taking legal action. Consider the emotional cost. I know you are angry now, but for your own emotional well being it may be best to let go. Be glad you got him back and spend the money and the emotional energy on Aldazi. I am so glad he is home with you. |
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Pasha
Platinum Member
England
3622 Posts |
Posted - 11 Jan 2011 : 2:05:00 PM
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| Have nothing to offer except (((BIG HUGE MASSIVE HUGS))) to poor Aldazi! Thank god he is back home safe with you, poor boy x |
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Misshana
Silver Member
England
449 Posts |
Posted - 11 Jan 2011 : 2:47:38 PM
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Just be aware winning in small claims court doesn't mean you will get any money! Friend of mine won her case but never received anything.
If they say they've got no money , you might get an award of £1 a week for 20 years or something stupid like that. |
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Nikkisian89
Silver Member
England
292 Posts |
Posted - 11 Jan 2011 : 2:51:20 PM
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Thanks for your replies everyone!
I suppose the main thing is Aldazi is back home now and we are getting him back to health and looking after him.
The lady also has half os his stuff still that she said she can't afford to bring down to return it so it looks like we are going to have to collect it ourselves! |
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Anne Harris
Silver Member
United Kingdom
314 Posts |
Posted - 11 Jan 2011 : 4:16:53 PM
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Hi Nikki
I recently went through a very similar experience (one that I don't ever want to repeat)
Please try to forget about the awful woman who treated your boy so badly and spend all your money and direct all your love to your Aldazi - he will appreciate it, I know my mare did. It took a few months and she is still not back to her glorious self but will be by the summer.
Take a deep breath go get his stuff and then forget you ever met the evil 'Lady'
Best wishes
Anne |
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Vera
Membership Moderator
United Kingdom
8652 Posts |
Posted - 11 Jan 2011 : 5:24:02 PM
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I agree with what everyone has said but remember if the missing stuff is rugs then they are probably infested with lice too.
I take it that you have his vaccination card to prove that the vet saw him 8 days before you took him home. You could also ask to see the results of the Health Check. If she won't give it to you I would ring the vets, explain the situation and the MIGHT confirm that he was seen. They may not because of data protection though. |
    
Hampshire |
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Legal advice?
