Small Claims Court Stuff
  • Make sure your story is water tight btw. Also, if she goes and gets the horse vigilante style, that's still breaking in and entering/trespass.

    Sounds like your missus is proper pissed off about the whole thing (understandably so), but don't let her go all Batman on those morons ;)
    Believe!
  • Someone's just pointed out to us that it meets the Scottish legal definition of fraud:

    There is no succinct definition to embrace all the criminal forms of cheating. However, if the following three elements are present in a cheat the crime of fraud is complete.

    Falsehood - False representations by words, or writing or conduct.

    Fraud - Intention to deceive or defraud

    Wilful Imposition - The cheat designed has been successful to extent of gaining benefit or advantage, or of prejudicing or tending to prejudice the interests of another person.

    All three of these parts must be proven in order to prove that fraud has occurred.

    We have falsehood from the initial agreement to pay the full price, fraud from the fact she doesn't intend to pay the full price, and wilful imposition in that she's gained the benefit of a cheap horse.
  • There's no trespass law in Scotland, so I think she could just wander on and take it as long as there wasn't a vehicle used or something like that... but luckily we're about 5000 miles away so no chance yet!
  • But you've also gained the (minor) benefit of part payment. It will be a long slog to go that route and there's no guarantee of success (only a guarantee of a lot of time, money, energy expenditure).
    Believe!
  • Elm, with my meagre understanding of criminal law and the CPS, the theft angle wouldn't be the best one to pursue as the legal definition includes the phrase 'intention to permanently deprive'. The Police often find this part hardest to back up, especially in your case because she could argue that she was planning on giving the horse back to you when you returned from the US. My father had a car stolen from outside a rugby club. Loads of the regulars told him who it was, he told the police, who then recovered the car and neglected to prosecute as the rascal 'always intended to give it back'. 

    Civil court all the way. Just bear in mind that even if you win the case, countless people fail to pay back what the court deems necessary. Good luck, I'm sure Gonzo will give you a heap of useful (and more precise) info.
  • Yossarian
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    Elmlea wrote:
    Another thing; my wife's tempted to contact people who know this woman and explain what she's done.  Is she opening herself up to any issues there...?

    I'd definitely avoid doing that. There possibly won't be legal ramifications, but it won't look good for you if it looks like it's getting personal for your side or if you've done anything that could be construed as vindictive or spiteful.
  • Yossarian wrote:
    Elmlea wrote:
    Another thing; my wife's tempted to contact people who know this woman and explain what she's done.  Is she opening herself up to any issues there...?
    I'd definitely avoid doing that. There possibly won't be legal ramifications, but it won't look good for you if it looks like it's getting personal for your side or if you've done anything that could be construed as vindictive or spiteful.

    Yeah, also remote chance of them claiming slander which does have legal consequences?

    Plus, this would surely get the woman's back up even more and make an amicable solution impossible?
  • I think a letter stating our claim is best, with 10 days to pay up or give the pony back. We're going to call the police anyway as it's fraud rather than theft we'd be looking at as per the definition I posted, and it can't hurt. The British Horse Society have a legal advice line so we'll see what they say too.
  • Yossarian
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    I didn't even realise horses could answer phones, let alone were versed in the law.
  • Elmlea wrote:
    The British Horse Society have a legal advice line

    There's a what that has a what?
  • A few things:

    It's not theft.  When Mrs. Elm first told me about this, she didn't mention that part payment had been received.  At that point I thought it was borderline but, given the verbal contract, more of a civil matter.  Given that payment has been received, it's absolutely a civil matter.

    It's not fraud, either.  To prove fraud you would have to prove that she knew all along that she would never be able to pay, and there's no proof of that here.

    While trespass laws in Scotland are not the same, there are laws about being on property with the intention of commiting theft.  At present, that horse belongs to Mrs. Elm's now ex-friend, albeit there is a bad debt.  If you go with the intention of claiming the horse without lawful authority you could get charged just by being there.

    Stopharage, where do you live?  Even if the 'rascal' intended returning the car, that's exactly what S.178 of the Road Traffic Act 1988 was written for; the unlawful removal of a motor vehicle.  There doesn't have to be intention to deprive, and it's one of the most serious road traffic offences that doesn't involve killing someone.
  • metagonzo
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    Elmlea wrote:
    metagonzo wrote:
    Are they likely to release it to someone who doesn't pay the bills for its accommodation?
    In what sense?  We could pitch up with a trailer and take him away, it just depends on whether or not the livery yard would feel comfortable with that.

    That's pretty much what I meant. I hope it works out; sounds like a rough deal.
    XBL, iOS, Steam: metagonzo
  • Ty all (especially adkm and Gonz there.  Adkm, ta for the update on fraud, I did wonder if the intent needed to be there from scratch); all solved.

    My wife tactically posted that news article about someone being arrested for doing something similar-but-not-identical, and a few hours later had a slightly belligerent email agreeing to pay within a week, but chastising my wife for "money grabbing." 

    Horse now paid for, and next time there'll be a contract.  Thanks to all of you who took the time to say something.
  • davyK
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    Result.
    Holding the wrong end of the stick since 2009.
  • Wait until he gets our consultancy fees.
  • throughout I was wondering how they would afford the upkeep as horses are generally fucking expensive to maintain.
    He could've just said they came from another planet but seems keen to convince people with his bullshit pseudoscience that he knows stuff. I wouldn't trust him with my lunch. - SG
  • Nice one Elm. I take it that it was solved amicably?
    Is the friendship recoverable?
    Town name: Downton - Name: Nick - Native Fruit: Apples
  • mk64 wrote:
    throughout I was wondering how they would afford the upkeep as horses are generally fucking expensive to maintain.

    Depends if you're riding it or eating it.
  • adkm1979 wrote:
    Stopharage, where do you live?  Even if the 'rascal' intended returning the car, that's exactly what S.178 of the Road Traffic Act 1988 was written for; the unlawful removal of a motor vehicle.  There doesn't have to be intention to deprive, and it's one of the most serious road traffic offences that doesn't involve killing someone.

    @adkm - I live in Surrey although it happened in South London - Police basically said that as the car was recovered they felt no need to prosecute?! Admittedly no damage had been done but I think he had it for 2 weeks.

  • That's unreal.  I'd love to know how they (the Police) got away with that.
  • mk64 wrote:
    throughout I was wondering how they would afford the upkeep as horses are generally fucking expensive to maintain.

    Common misconception, they're not that bad.
  • How much does it cost to keep a horse for, say, 1 month?
  • I would have thought the vet bills would be high?
  • I would have thought the vet bills would be high?

    Nah. Just buy a shotgun and make a quick call to a glue factory.
    Town name: Downton - Name: Nick - Native Fruit: Apples
  • How much does it cost to keep a horse for, say, 1 month?

    Depends on the horse and the location, before other factors.  In terms of livery costs, basic grass livery (i.e. access to a field space for the horse only, no stable) can be as cheap as £10 a week.  You go through levels after that, a stable might be £20, that's if you're still on what they call DIY livery where you look after your horse entirely on your own.

    After that you can get part livery, where the yard might turn your horse out from his stable for you in the morning but expect you to pitch up to check him out and put him away at the end of the day.  Part livery varies massively because it depends on whether you want the yard to do turnout, rugging, feeding, mucking out, making beds, etc.  You can pay about £30 a week for part livery in some places.

    Full livery is where they do all the extra stuff, and you just pitch up and ride.  That'll probably cost you in the region of £200-300 a month, depending on the location.

    Above that level you're into the realms of training livery and things like that, where they look after your horse and put him on a training schedule too, so your time with him's restricted but he gets trained.  That can be very expensive.

    If it's an incredibly racehorse or eventer, then costs are magnified.  If it's a "happy hacker" that you just use for riding for fun and no competition, chances are it'll be cheaper.  If you find a livery yard in the home counties, it'll cost more than one in rural Yorkshire, and so on and so forth.

    Basically anything from £10-100 a week; although the upper end means you don't have to buy your own hay, food, bedding etc.
  • Further to that, we kept our first ever horse on grass livery for £8 a week, upgrading to a stable for £15 a week when winter came round.  His food cost about £30 a month, hay about an extra £15 a month, and insurance about £30.
  • Fuck, that's cheaper than a cat!
    Other than the insurance.

    I guess saddles etc are a pricey one off purchase no?


    If horses are so cheap to raise why aren't we eating them (and knowing about it)?
  • Because they're nowhere near as cheap to raise as a cow, with less meat yield, and unlike the barbaric French, we don't eat our pets.  

    I don't get how it's cheaper than a cat.  You buy them, what, £30 of food and some litter and that's it, right?  Horses don't have to be expensive if you have the time to go look after them.  One off expenses vary; you can buy a £3500 western-styled saddle, or a £2500 leather English one, but likewise pick up a cheap, entirely-adequate synthetic one for £150 new or £100 second hand.
  • That is cheaper than I thought.

    Let's buy a horse together, Live.

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