17.2 horse taken as livery debt while on loan

[forestivory]

Long story but here goes,

On tuesday the 4th September I took the lady I was working with ( I'm a support worker ) to feed our horse ( 17.2 warmblood 20 years old ) which had been on loan to a friend for the past 3 1/2 years, but he wasn't in his field I asked a couple of people who said the horse and donkey had been moved while they cut hay, so I went to the other fields my friend has. In the mean time my sister rang our Friend, only to be told the land owner had removed them a couple of months ago and she was too embarrassed to say.

Because I was very upset my sister found the land owner/farmer phone number on the Internet and was able to speak to him. He said that the horse was fine and being cared for but was taken for a livery debt by putting an abandonment notice on the gate, no contract or lien was in place for field rent or on horse, he also said a deal was in the making for the horse to be sold, and he had done it all legally but without a passport i might add, but now the horse wasn't the said friend he would get advise.

Which is also what we did. ( please note our friend was someone who we spoke to regularly going out to horse show's/sales etc, speaking and asking about our horse even three weeks before being told he looks great and she will bring him to local show if it's on, So we felt we had no concerns with him ) Also when the horse and donkey were removed the jack donkey was going to be put down, this was put on Facebook and my sister helped find a rescue centre that would take him. All the time not knowing who's donkey it was!

After my sister and i spoke we said if the horse had a bond with the person planning on buying him, maybe they would like to keep him on long term loan, as long as we can check him and he retires back to us with a loan agreement. ( our main concerns are the horse ending up tho the auctions and going for meat.) But the farmer rang back saying he had now sold the horse to another part of his business again but we hold the passport so we can't have him back and to take him to court!

Because my sister had been in contact with an Equine Solicitor who has said this is a criminal act of theft now he knows it didn't belong to the lady who rented from him, we had a letter drawn up giving the farmer 7 days to return or allow us to collect the horse and get any debt owning from the person he rented the field to for 8 + years through the court system even though he can't prove what she owes.

My sister and a independent witness went to speak to the farmer and give him the letter, my sister asked if she could see the horse but the farmer asked her to get of his land! After speaking again to our solicitor we were told as we have the ownership paper work, which is his passport, microchip, import papers, ( as he came from holland ) and a receipt from the person we brought him of in 2007 plus the bank transfer details we have the rights to go and take him.

But after speaking again to the police we wanted to carry on and give the farmer the 7 days as in the note. ( which run out today at noon.) we were asked to go to our local police station and take the horses paperwork, which is what we did as we would need a police escort, we were then asked to speak to a officer who had the most knowledge in horses, they then phoned the farmer and asked him to allow us to collect the horse. He said no as the horse was neglected and he is concerned for the horses welfare. He said he would fax over information for the police to look at. We have no idea what this is as I had not seen the horse since beginning of may but the lady said she had a call from the RSPCA to ask if she had abandoned her horses to which she replied No.

So now we have to wait for the police to look through paperwork, but Northants horse watch removed my stolen photo saying that the owner has shown them paperwork proving he is the owner plus they have spoken to the police! Not once asking for our story but we have seen private messages on fb so assume they were involved with his claim on the horse.

My sister and I have a few rescue horses/ponies which are all well looked after not once having any issues with the RSPCA but in fact helping them on more than one occasion. Not selling them on or putting tho market, they come to us and sometime we find Loan homes, but mostly just enjoying their Life's. Earlier on this year I went one evening to check 2 ponies on loan, only to have them home by 9am the next morning as the level of care was not how we wanted it.

I have been told by people living close to the field that the farmers sons girlfriend asked lots of questions before the horse was taken about what was he like to ride? Did he hunt? How old etc. We found out from locals that the farmer has been fined by the RSPCA on at least 2 occasion's (here say not confirmed) but we are suppose to believe the welfare of the horse is why he won't give him back. So really why are Northants horsewatch on Facebook removing my post yet supporting the farmer?.

I just wanted people who may have had the same thing, tell me if they got there horse back or not. And to say the farmer can't take a horse as livery debt if you don't have a lien or rent contract. He was also informed he had issued an abandonment notice on the wrong person and he said he issued it on the horse, well as stated in the letter to said farmer a horse doesn't understand British law or have the capability of reading it. So equine solicitor says we have the right to remove him, police are saying to hold off

[TracingEquines]

Link to register horse on Stolen Horse Register - viewtopic.php?f=6&t=164
(pretty easy to follow)

Also contact MHOL on www.missinghorsesonloan.co.uk
(worth doing, you have to keep them up to date on latest happenings etc and return phone calls where necessary)

Do you have any photos of the horse ?
Name ?
Colour ?
Microchip number ?
Freezemark number ?
Police reference number ?

[forestivory]

17.2 KWPN Bay, named Kaprun, microchip number 528210001093666, police incident number 254/6/9/2012 born 13/6/1992

[forestivory]

photo removed

[forestivory]

3 photos removed

[h3l3nm]

Good luck. Please keep updated, really hope you get him back. Helen x

[TracingEquines]

Kaprun is home safe (according to facebook post)

[FrankJScott]

Please try Google before asking about Useful Product Site 0_595dd