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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Can I ask for something back that I have given away? In Jan

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Can I ask for something back that I have given away? In Jan 2014 I gave a family my horse for free, the agreement was they can have the horse but all his tack & rugs still remain my property but they can have full use of them until I need them back, they agreed. I was then put in contact with a male friend of theirs shortly afterwards on the messenger service 'KiK' who offered me a free more suitable horse, this horse was offered with full wardrobe i.e tack. food etc...After receiving many messages from this person including pictures of horse and pictures of his stables, his home, his office, and so called injuries he had recently suffered etc I have discovered it all to be fiction as I have found the majority of pictures on google images and they all belong to other people/buisnesses. I believe it all to be a scam of sorts by this family and have questioned them about the fake pictures with no real result. This male got very involved with me over the weeks and I also received pictures of sexual nature and was asked to return the favour, which I never did, I was told he was currently away so there would be a wait on this horse for about 8-12 weeks until he returned. On the 29th Feb I involved the police who came and looked at all my evidence but then informed me there has been no crime commited, by then I no longer had the seedy pics but showed them the conversations between myself and this family & Male i.e introducing her friend to me and the fake pics and links to where the true pics could be found on the web. I feel very let down by the law on this! In my last message to the family I said they could keep all my tack & rugs and that I was washing my hands of it all but now feel that was a mistake. I believe now there is no Male friend and no horse etc I believe it to be them all along who made up a male person and then started the fairytale. The advice from the police was to message the family and ask for my items back even though I have said they could keep it all, I do not want my horse back as they legally have his passport and so I cannot argue with that, but I would like all his accessories returned, they have had enough for free out of me, I am not sure where I stand having given it away. I hope you can help, I have had weeks of believing these people were my friends and you can probably imagine I am feeling very low at the moment. I have no idea why all this happened as they already had my horse so can only think it was all done to prolong having to give me my items back, or for something more serious I dont know :(

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

So, in short, you gave them the horse but only loaned the accessories?
Customer: replied 4 years ago.

Hi..yes, gave them my horse but stated all his tack etc remained mine, they agreed at the time


In those circumstances, you do have a claim for anything that was on loan.

Obviously if you went to court you would have to prove that it was on loan not a gift although only to the civil standard.

it depends how much you really want these items. You would be liable for court costs and there is a risk involved.

You can seek an injunction forcing them to return the goods but that would be expensive.

Alternatively, you can issue at the small claims court for the sum of money the goods were worth. That would be more economical. You can issue here

But its a good idea to send them a letter before action warning them of your intention to sue if they do not act. Maybe it will work. Maybe not but its free to try.

Hope this helps. Please let me know if you need more information.

Customer: replied 4 years ago.

Thankyou, so although I messaged them they could keep it all I am entiltled to change my mind and ask for it back?

Customer: replied 4 years ago.
Relist: Other.
did not receive answer to last question

If you sent them a message saying that they could keep it all then they could argue that was an act of giving therefore amounting to something that cannot be recovered.

It depends what you said exactly.

Generally speaking, you cannot change your mind.
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