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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75141
Experience:  Qualified Solicitor
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I loaned a pony to a woman. I asked for him back on 17th

Customer Question

I loaned a pony to a woman. I asked for him back on 17th July as she was leaving for Spain on 23rd August. I messaged her on 17th August and asked when she was returning him . She then rang me and said she was in Spain and the pony was there with. After a lot of messages back forth. She eventually said she would return him but I had to pay £2120. Well I refused said she had to pay but she wouldn't answer a lot of my messages. I then found out he wasn't in Spain and that she had sold him to her boss in Shropshire. But they still won't return my pony. Police say it is a civil matter but I got advice of an inspector that she had taken him by deception because she had no intention of giving him back . Asking for the money could be fraud or blackmail.
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I have spoken to the BHS legal advisor. It is uk.
JA: What steps have you taken so far?
Customer: Iv asked over and over to bring him back . Iv asked the woman who has him in Shropshire to get a paper with the date on and take a photo of him . But they haven't. I went to house of the woman I loaned him to but was told to leave. I called the police but they said I would be arrested if I didn't leave.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Customer: replied 20 days ago.
Thank you
Expert:  Ben Jones replied 20 days ago.

Is there any means of proving you are the owner? and why did you loan the pony to the woman initially? Please explain the situation in some more detail

Customer: replied 19 days ago.
Iv got messages of her asking to buy the pony but I said he is not for sale. I loaned him to her 3yr ago . I lost my riding school. So iv loaned out a few of my ponies.
Expert:  Ben Jones replied 19 days ago.

OK I understand and thank you for providing this information. Please leave it with me for now; I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 19 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

You should not owe her anything to get your pony back, especially as no such costs or frees were discussed or agreed at the outset.

Under law, animals are treated as ‘chattels’, which just means an item that is owned. They will not be seen as a living thing and will be treated in the same way as inanimate objects, like a car.

If there is a dispute as to who should take possession of n animals, the first thing the courts would look at is who the legal owner is. Initially, that would be the person(s) who bought it, with any subsequent transfers of ownership dependent on the actual circumstances (e.g. was ownership transferred through sale or gift to someone else at any point).

If the legal owner has had their animal taken away by someone else, they have the following options:

1. The easiest one is to try and locate the animal and once it is on public property, beckon it to come. If it does, it can be taken away as it legally belongs to them

2. If that does not work or is not a viable option, the matter may have to be taken to court. If it ended up there, the following outcomes are possible:

- A declaration of ownership, and

- An order for the return of the animal, and

- An order for damages for wrongful retention of the animal

Just be aware though that even if the court orders that the animal be returned, no one can physically force the person who has it to do so. In that case, the court may simply decide that an order is made that the animal is sold and the proceeds shared, or just order the party who has it in their possession to compensate the other for their share of ownership.

Expert:  Ben Jones replied 18 days ago.

Hello, following my main response above, I just wanted to check that everything was clear. If you have any further queries about this issue, you can reply to me at any time on this portal and I will be happy to help. Thank you.

Customer: replied 18 days ago.
Everything is OK thanks
Expert:  Ben Jones replied 18 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best