02 September 2008 12:39
Almost 10 years ago I put my daughter’s Shetland pony out on loan as she’d outgrown him.
A contract was signed stating that either party could end the agreement with one month’s notice. However,
the borrowers are now claiming that I said they could keep the pony and, therefore, can’t have him back. I never said that they could keep him. How do I go about getting my pony back?
Answer
By Your Horse
Lawyer Belinda Walkinshaw replies:
As you have a written loan agreement, legally he’s your pony. I assume you have your pony’s paperwork to prove ownership and have given the borrower the necessary one month’s notice. You should, therefore, be able to enforce your rights under the loan agreement.
As you have already tried to negotiate with the borrowers to no avail, you may wish to consider issuing a claim with the courts for return of your pony.
I suggest that you first inform the borrowers of your intention to go to court to see if that gets them to return the pony, as should the borrowers lose the claim, they may well be responsible for your expenses.