|
|
Expert
Posts: 2685
   
| I can't give a lot of details.
Trainer takes horses (2), says they will send a bill in the mail each month to be paid on each horse. Months go by, owners call trainer, trainer doesn't return phone calls but maybe once to say your horses are doing great. More months go by. Same stuff but by this point the trainer has just stopped answering phone calls or text messages. Word of mouth gets around and the horses have supposedly been boarded somewhere else, never were hauled to any races, haven't been rode by said trainer but just a handful of times. During this time, the owners are calling a few times a week asking for info, a bill- something. Over the period of over a year the owners receive 2 bills in the mail (30 day bills for random months) and less than half dozen phone calls. The horses are at a relatively well known trainers place (or so they should have been/ should be). The horses are 10 hours away from the owners house. No contracts were signed on these horses. Vet work was performed and billed to the owners (on one of the random 30 day bills) without consent in the beginning of the training. The trainer has sent in a text message after weeks of trying to get a hold of them that owners owes $7,000+ in bills and the owner has been trying to settle with the trainer and the trainer has stopped contact yet again.
Now, the owners have asked a friend that is near the trainers to go and pick up the horses, or get handled what he/she can. Owner has given power of attorney to the friend along with paperwork on the horses and whatever transactions have occurred on paper. Owner cannot leave and go take care of it.
**Do not talk trash about Owner. It is obvious there are faults on both end here. **Disclaimer- I am NOT the owner or trainer...
What would you do now? Argue the bill or try to just pay it and pick up your animals? Just show up with a trailer one day? |
|
| |
|
 Expert
Posts: 5293
| That would just scare me to death. After the first or at most second month of not getting a bill and no phone calls I would do whatever I could to go pick horses up. I would say if you have documentation that you tried to contact the trainer then that should hold up in court. |
|
| |
|
Extreme Veteran
Posts: 372
| This business is not for everyone.
|
|
| |
|
 Expert
Posts: 1857
| Go get the horses and not pay the bill!! Worry about the rest when or if it goes to court. I wouldn't tell the trainer I wasn't paying until I had the horses in my custody however. I can't believe the owner allowed that to continue past the second month, A YEAR is CRAZY!!! |
|
| |
|
 Extreme Veteran
Posts: 349
Location: texas | oh no, sounds like a very sticky situation...
best of luck in getting it resolved.... |
|
| |
|
I just read the headlines
Posts: 4483
| FlyingJT - 2015-11-03 9:33 AM
Go get the horses and not pay the bill!! Worry about the rest when or if it goes to court. I wouldn't tell the trainer I wasn't paying until I had the horses in my custody however. I can't believe the owner allowed that to continue past the second month, A YEAR is CRAZY!!!
^^This^^ |
|
| |
|
 Extreme Veteran
Posts: 434
Location: Northwest Florida | I can't imagine how that went on that long. I would've been livid after 60 days of no bills/no contact.
However, it did... So I personally would get my horses back and see what happens. The trainer and this history of no contact doesn't sound to me like someone who would pursue this in court. If he/she did take it that far I would seek the advice of a lawyer.
With there being no contract stating the owners are to pay "X" amount of money monthly, I'm not sure how they could possibly be ordered to pay this trainer.
Have the horses been hauled, trained, or at least well taken care of during this time? |
|
| |
|
Expert
Posts: 2685
| I told the Owner waaayyyy back that it was fishy and to go pick them up. Its just a crappy deal all the way around. Both sides dropped the ball so bad.
ETA
I have seen 1 set of pictures of the horses during this time a few months ago and the horses looked in good health, out of shape but filled out fine. The owners have received 2 videos during this time. No entries were made on the horses to the owners knowledge.
Edited by RoaniePonie11 2015-11-03 9:56 AM
|
|
| |
|
 A Somebody to Everybody
Posts: 41354
Location: Under The Big Sky Of Texas | If I were the owner I would have been at the trainers house to pick up my horses after a month of no contact from trainer and now its been a year?
I think your friend needs to be talking to the Sheriff about this. |
|
| |
|
  Fact Checker
Posts: 16575
Location: Displaced Iowegian | That situation is really a "sticky wicket".......
One.....your friend OWES money....no matter the quality, or lack of, training.......she left the horses there for a YEAR!
Two.......Legally, she (or her agent) should NOT just appear and load up the horses....if caught, they could be in big trouble. The trainer has the right to keep the horses until the bill is paid or may put a lien on the horses. That being said, I would probably try to get them....LOL.....hoping for the best and letting it play out in court.
There is just SO much wrong in this case that it is mind boggling!
Edited by NJJ 2015-11-03 10:15 AM
|
|
| |
|
 Reaching for the stars....
Posts: 12708
| I don't understand how anyone can drop off (have delivered, whatever) a horse anywhere, with anyone, and not think there is a monthly charge involved. Horses eat. A lot. Horse feed is hideously expensive these days. Any owner who would not send money to care for their horses on a monthly basis is asking for whatever trouble follows. |
|
| |
|
 Elite Veteran
Posts: 1037
| I will be surprised if they are even still in the "trainers" care, or if the owner can track them down easily. Sounds like a no win situation for anyone especially the horses. A year is an EXTREMELY long time. |
|
| |
|
Extreme Veteran
Posts: 477
Location: IA | One of the first things that the friend that is going to pick up the horses NEEDS to do is get in contact with local law enforcement.
Several reasons for this, not only is the situation exceptionally sticky, but they are acting as an agent for the owners. Better have some legal documentation of that, and all the ducks lined out before setting one tire on the place.
Get ahold of the local law, let them know the situation and plans for reclaiming the property. Might want to even see if they will escort for the pickup. Law prefers to be called and notified ahead of time, rather than try to sort out the mess later. And it will keep that middle person a little cleaner in this situation. Trying to help a friend isn't going to keep them from getting into legal trouble for going onto someone's property and taking horses that don't belong to them.
Better to get ahead of the law, rather than explain it in metal bracelets...... |
|
| |
|
 Undercover Amish Mafia Member
Posts: 9992
Location: Kansas | Hate to say it but the "owner" should of been smarter after a month passed with no info or bill.....big red flag. I know I would of done been at the "trainers" property or at least tracked down my horses, not wait a flipping year.
There are 3 sides to every story.
|
|
| |
|
Expert
Posts: 2685
| these were my thoughts. Call local authority, ask for escort, explain situation. Ect. |
|
| |
|
 Witty Enough
Posts: 2954
Location: CTX | Mmm, so the trainer never billed them for 10 months out of the year, and the horses are not at the trainers place anymore??
Almost sounds like the trainer sold the horses after not getting paid multiple months....
Even if the owner is a long way away they should have paid... Even if the trainer did not send a bill every month....
Honestly, if I had my horse(s) some place and not get a bill for 2 months, I would have picked them up right there and then.
All in all a weird situation.
I assume you are the friend that is asked to go pick them up... Not sure if burning your fingers on that one would be worth it. You might be accused of stealing them, since there is at least 10 months back pay. (Not sure from your story of the 2 bills they did get were actually paid.)
I would stay far far away from this.... JMHO |
|
| |
|
 Expert
Posts: 2097
Location: Deep South | I would think the owner would have to pay the monies owed. What argument could they possibly present to court that would justify them leaving the horses in the trainer's care for a full year, but still think they not owe them money?
If they thought the horses were not being cared for, that something fishy was going on. or if they could not contact the trainer something should have been done WAY before a year, like within the first 60 days is my thinking. That is the argument I would use as a trainer if my client didn't want to pay. Why would you continue to leave the horses in my care if you were unsatisfied? |
|
| |
|
 Friendly horse swapper
Posts: 4122
Location: Buffalo, TX | Cut the losses, eat it, pay up and lesson learned... |
|
| |
|
 Toastest with the Mostest
Posts: 5712
Location: That part of Texas | NJJ - 2015-11-03 10:12 AM That situation is really a "sticky wicket".......
One.....your friend OWES money....no matter the quality, or lack of, training.......she left the horses there for a YEAR!
Two.......Legally, she (or her agent) should NOT just appear and load up the horses....if caught, they could be in big trouble. The trainer has the right to keep the horses until the bill is paid or may put a lien on the horses. That being said, I would probably try to get them....LOL.....hoping for the best and letting it play out in court.
There is just SO much wrong in this case that it is mind boggling!
+1
Put yourself in the trainer's position. They probably have a similar tale of not being able to reach the owner by phone or text. Bills that have been sent probably haven't been paid or paid late. Owner doesn't seem to care much about the horses because they haven't been there to check on them in over a year. It's unclear at this point what training is probably needed so trainer keeps taking care of the horses because he/she feels they may be the only one who really cares about them. Then some "friend" of the owner shows up at the barn, demanding the horses and waiving papers around? And they're supposed to just let them go -- without knowing if that's really the case or what? No money on the bill paid and probably none coming in that they can count on because so much has been neglected.
If the owner isn't going to make more of an effort himself/herself to go in person to settle this matter, they need to exhaust (and I mean really exhaust) all possible forms of communication about this before sending that friend. Making some form of payment will probably result in calls being returned. Sending a friend over there is probably the worst thing that can happen right now.
|
|
| |
|
Location: Keeping up with the numbers! | I don't know that $7k sounds unreasonable for 2 horses for 12 months. That is a little less than $300 per month per horse. You mentioned their body condition was good weight wise and obviously someone would have had to either have trimmed or put shoes on their feet as well as a worming program. I understand the individual did not get the riding/training promised, but at this point I would pay the $7k get my horses and be happy they were at least in good condition. This is just my line of thinking. |
|
| |
Folks on-line