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Post by lindaandrascal on Dec 13, 2009 12:29:36 GMT 1
Last year i stupidly let a young girl and her mother take on our pony to ride (for the girl) mother said she was experienced (we wanted an experienced parent to be sure pony was being looked after) but it very quickly became clear shes very much self taught, and a lot of a know it all  . She was a liability around the horses, but we felt sorry for the girl so we put up with it. She even used a glass door (not even ours she found it in the barn) to make a ramp to the muck heap, she left the our horses in the stables for hours while they went on 3/4 hour hacks (sometimes out all day) with no food/water/bedding, including my daughters then two year old, and kept turning the 12.2 out on 7 acres of lovely grass cos they felt sorry for him in the paddock with his hay net, which has suited him perfectly every sumer for the last 10yrs!! She was also supposed to pay us £50 a month that we never saw, but she did used to moan alot about how much the pony was costing her. Eventually in September i found pony on the grass yet again and told her to leave his tack and never to come back which she refused to do, saying i only rented the yard and had no say in who comes and goes. They carried on riding the pony for another week, refusing to give back keys or tack. She eventually gave us the saddle and part of the bridle, we have asked her several times for the rest, she kept saying it was at her sisters.today i went to the yard she keeps her new pony at and said " i want the rest of Misty's tack back by next Friday or I'm reporting it as stolen and giving the police your name and address" she said no we are not having it!! so now what do i do??? HELP!  Coffee and choccy if you got this far  |
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Post by flutterbye on Dec 13, 2009 12:48:16 GMT 1
Oh deary me. I think this would be a civil matter, rather than a criminal offence. Best to talk to a policeman or solicitor to see how you stand.
You might find yourself having to cut your losses and put this all down to experience. Horrible when unsettling stuff like this happens.
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Post by jackiedo on Dec 13, 2009 12:56:42 GMT 1
definately a Civil case.
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Post by lindaandrascal on Dec 13, 2009 13:15:11 GMT 1
oh dear, not what i wanted to hear. I want to get it off her just so she doesnt get away with it!! Shes a nasty bit of work that thinks shes always right and can do what the hell she pleases.  |
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Post by jill on Dec 13, 2009 14:16:58 GMT 1
Take out an action in the small claims court - up to I think £5000. Lawyerbunny will be able to confirm. It costs a further £40 but that is recoverable and added to the debt, if you do get an awrd made in your favour. You will need to work out what the total of the items is worth and claim for that, with supporting evidence - did you have a loan agreement with the items listed? Very often people are so gobsmacked that you have gone to that extreme that they give you your stuff back, but in the absence of a court order you may not get your £40 back. Your local County Court has all the forms etc and will advise you.
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Post by lindaandrascal on Dec 13, 2009 18:30:36 GMT 1
Its not the value of the items, which isn't much, its the fact that she seems to think she can do as she pleases with other peoples belongings thats bugging me. We had nothing in writing as the pony was still on the same yard i didn't see a need |
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Post by jill on Dec 13, 2009 18:45:32 GMT 1
Unfortunately you can't sue for items, only the value of them, and it is a way of setting a marker that you can't be made a mug of in that way. The other alternative is to send them a letter stating that unless you have the goods (and detail them)returned to you by *date* you will take out a claim in the small claims court, but be prepared for them to call your bluff if you don't want to take court action. Send it by recorded delivery so that you can prove they received it.
A solicitors letter would be stronger but cost you even more.
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Post by lindaandrascal on Dec 13, 2009 18:59:33 GMT 1
I really don't know what to do, if i just leave it and don't bother shes going to be happy because shes got her own way again, if i stand up to her and make a fuss its a pain in the neck for me. I really wish i never met her |
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Post by Furiey on Dec 13, 2009 20:29:43 GMT 1
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Post by Deleted on Dec 13, 2009 21:00:07 GMT 1
erm....
I think that would class at theft, not civil to be honest
she has never had legal ownership of the tack and is obviously planning to permanently deprive you of property that is legally yours. that is theft. i woudl speak to the police, I'm trying to wrack my brains for when I was working for the police and I'm quite sure this would come under theft. no harm in phoning for advice
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Post by lindaandrascal on Dec 13, 2009 21:11:25 GMT 1
Thanks Furiey i will have a look. I thought it would be classed as theft because we've asked for it back a few times and she refuses. |
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Post by Furiey on Dec 14, 2009 0:08:51 GMT 1
I would ask at your local citizen's advice bureau. They would probably be able to tell you whether it was a civil or police matter.
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Post by Liz on Dec 14, 2009 1:59:50 GMT 1
Good grief! Never have I heard of someone with so much cheek - she's a first rate blagger!
Of course you can say who is allowed on the yard that you rent. The yard is yours for as long as you pay the rent. Is this appalling person on the rental agreement? Thought not! Would she stay as an uninvited guest in your house if it were rented? Same principle!
I would get a solicitor's letter off to these chancers straight away. I'm fairly certain that might get a prompt response. These people are bullies and bullies usually crumble when confronted.
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Post by jackiedo on Dec 14, 2009 5:21:15 GMT 1
I am still pretty sure that it is a Civil case, you are asking for something that you handed over (albeit conditionally) to be returned. If she had broken into your tack room and taken it willingly it would be another matter. I have met people like that before. It is horrible to see them get away with things time after time, and I can imagine that it is a matter of principle and justice to you more than the money. Good luck with whatever you decide to do.
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Post by donnalex on Dec 14, 2009 8:13:53 GMT 1
I would forget the bridle bits but send them a letter telling them that it was worth losing the bits to be rid of their daughter and that you wish them luck with her. Tell them you put up with her as long as you did because you knew they were struggling to control her and you felt sorry for them. Write it in such a way that you look fantastic and they look like crappy parents. You will be surprised how angry the mother would be with her daughter and hopefully she may exercise some temporary control over her and force her to hand the stuff back but if she dosent, fine, let them keep it. Tell them if they ever show up at the yard again it will be treated as aggravated trespass as you have instructed them by letter to stay away and have the letter witnessed to scare them a bit.
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. She was a liability around the horses, but we felt sorry for the girl so we put up with it. She even used a glass door (not even ours she found it in the barn) to make a ramp to the muck heap, she left the our horses in the stables for hours while they went on 3/4 hour hacks (sometimes out all day) with no food/water/bedding, including my daughters then two year old, and kept turning the 12.2 out on 7 acres of lovely grass cos they felt sorry for him in the paddock with his hay net, which has suited him perfectly every sumer for the last 10yrs!! She was also supposed to pay us £50 a month that we never saw, but she did used to moan alot about how much the pony was costing her. 
