I’m about 120 miles from WH…Can we have an update to see if anyone else that is nearer has gone to see the horse yet??
If I go I’m taking the trailer or getting cash!!
I just can’t believe that her trainer hasn’t been aware of what has been going on since the end of November??? Like trainer & daughter don’t ever speak? I think IL trainer needs to do more than “promise to call” & more like needs to stand up for her client who is getting screwed by her own daughter & either get the horse back or the FULL PRICE for it.
I agree with everyone else. Someone needs to see the horse today. All these phone calls are just giving them more time to cover their tracks. Now that they are not even bothering to call back it is time to get the police involved.
I wouldn’t even give them 12 hours to get her the money at this point - you can wire it quicker than that. And I doubt they intend to pay anyway.
Since he is an OTTB she should still have his papers and tattoo number in her possession right? So she can prove ownership when it comes down to it. Seems like things are about to take a real ugly turn.
Wish I was in FL - I’d be there in a heartbeat - I hate people who take advantage of the naive.
Well, she can hardly call the police when she willingly took the horse there and has until this moment failed to put her foot down. Leave a message for the people and say money gets wire to her account today or she will be there tomorrow to pick up the horse.
Parrots on my shoulder and ready – sharpening cutlass, pistols loaded. Wish I was closer to the action, though.
AAAARGGGHH, matey. Keelhaul them! Make them walk the plank!
Then set the owner adrift in a dinghy with some wormy hardtack for being a twit. A hard lesson learned for her…
I agree … and, if I’m reading correctly, she just verbally ok’d the horse staying there until the 15th.
I said 12 hours to give time for the msg. being picked up, IOW they can’t say “you gave me two hours but I didn’t get the msg. until after the two hours.” So I felt a judge would think the 12 hours reasonable time.
RainyDayRide, I missed that part. OK, seller is officially a [young, inexperienced, trusting person]. Sorry, but it’s true. OK, I’d still make the phone call, say if I don’t have the money IN FULL by Close of Business on the 15th, or else the horse loaded on a trailer on its way back to me, I’m calling the police. And DO IT. And do all the other stuff: list as stolen with the police, on netposse, on COH and other horse boards, with show managers in FL.
They’ve had the horse since Nov. 30th? Pre-purchase exam? HAHAHAHAHAHAHA. Laugh in their face. Say no way, absolutely not, and stick to it. ANYTHING wrong with that horse now is THEIR fault. A lot can happen to a horse in 6 weeks.
OP, tell your friend that if the situation was reversed and SHE had taken this horse on a 6-week trial from these people, changed its name, showed it, did the cutesy Christmas card stuff, and never paid a dime, she’d be knee deep in legal trouble. Tell her, and this is important: THESE PEOPLE KNOW EXACTLY WHAT THEY ARE DOING. They found a doormat, and they’re walking on it. Again: These people are AWARE they’re cheating your friend and they don’t care. This includes trainer or Mom or whoever she is.
Best guess…time for a certified demand letter. She gets the full price WIRED into her account or they ship the horse back (not COD) no later then the 15th. Period. Send it today, they should have it Thursday IF they will sign for it-which I kind of doubt. keep a copy plus the receipt from the Post Office.
Have gut feeling there was no contract because, as I reread this, friend has never actually met these deadbeats and there is no mention of faxing any contracts back and forth. Friend needs to create a paper trail NOW by making copies of any correspondence and creating a phone log of all contacts. Friend also needs to get supporting documents to prove she owns this horse like papers, tatoo #, photos etc. She may need to identify it and prove it is hers.
These are the first steps generally recognized by law enforcement as verifieable attempts to retrieve property. Certified demand letter. Copies of all correspondence/phone log. Copy of any contracts.
NO WAY friend needs to agree to any further extensions verbal or written and she has every legal right to demand the agreed upon full price from last November NOW or return of the horse. But until she gets this demand letter going and collects the rest of the documentation, she really can’t involve the law YET.
I believe that this whole debacle has turned out to be the biggest SEEEEE, WE TOLD YOU SO I’ve ever heard of. :rolleyes:
I think the seller just needs to GROW A PAIR and get MEAN. :mad:
So what if the “buyer” doesn’t like it and the deal falls through - doesn’t sound like she’d end up getting much out of this “deal” anyway.
I’ll say it again - if it were MY horse that I were trying to sell and they were jerking me around like this, I’d have picked him up a month ago under the guise of “someone close to home has already given me the full asking price for him, gotta go, okbye.” None of this hemming and hawing. It’s still HER HORSE, she can even say “You know what? I changed my mind - I don’t think I want to sell him after all.”
Why isn’t someone (seller) standing up for THEIR rights and the best interest of the HORSE, and WHY haven’t they been checking up on things, and WHY, IN GOD’S NAME, are they letting this happen when there is a very simple way to remedy the situation?! Get an effing trailer, hook the damn thing up, GO DOWN THERE AND GET YOUR FREAKING HORSE!!! :mad::mad::mad:
Yaaarrrrrrr!!!
But she apparently already HAS agreed to the extension…
from post #373, by Epona…
BUT THIS HORSE DRAMA- y’all CALLED it. Trial period has been extended. Remember the drama about asking price? The girl has already come down 2k from her asking prince, which was 1k more than what they originally said they wanted to pay. They had settled on whatever price they were both happy with (x). THEN they called her today and said we’ll give you (x)-$500, right now… but if you give us until the 15th, we’ll pay full price. (She did tell me she had a check in her hand… I guess she lied or they were going to wire it or whatever…) "
I’m not sure I’d call the girl an idiot… she’s young, inexperienced, trusted her old trainer, doesn’t seem to have responsible parents she can ask for help… and needs the money for school. (money which she is not getting, and may never get.) Of course, the horse may be paying the biggest price of all.
[QUOTE=RainyDayRide;2919094]
I’m not sure I’d call the girl an idiot… she’s young, inexperienced, trusted her old trainer, doesn’t seem to have responsible parents she can ask for help… and needs the money for school. (money which she is not getting, and may never get.) Of course, the horse may be paying the biggest price of all.[/QUOTE]
I apologize. That was me. I apologize and take it back. (Sigh). I remember being young, inexperienced, and trusting. Good for her. and I’m sorry she’s having this experience.
Ditto what findeight said!!! (Thanks findeight, you seem to get to these before I do and say exactly what I was going to…only better!!)
You are correct regarding the certified letter and paper trail. I went through this exact thing during a bad horse deal!! Ugh!!
Anne FS - my not giving them 12 hours was under the assumption that she would actually speak to them and tell them to hightail it to the bank (I know - laughable at this point :no:)
I too missed the fact that she has verbally given them permission to keep the horse until the 15th.
I hope, for the horse’s sake, that this girl does have some kind of paper trail. If she was lying to Epona about the check I hope she wasn’t lying about the original contract too …
Given that the buyers have continually changed their end of the deal, I see no reason that the owner can’t say … “ooops, I’ve changed my mind. Money or horse within 48 hours.” She just can’t call the horse stolen at the moment.
This whole thing is insane. I have a tendency to be really laid-back and give people several chances and even I am outraged about what’s happened!!
If I was the owner, I would be on my way to Florida with my truck and trailer to go get the horse. After what these people have pulled, I wouldn’t want them to have the horse. She should tell them that she’s found another buyer for the horse…one who is actually willing to pay for him! :rolleyes:
I think it’s great that all the Florida COTHers are willing to go spy and check on the horse. If I was in Florida, I would be right there with you guys.
I would think she could get them for theft by deception.They have broken the origional written agreement and are now holding horse against owners will. I could be wrong though. As we have seen over and over again in these situations possession is 9/10 of the law. I sure hope your friend really got this agreement in writing like she said she did and didn’t lie about that as she evidently did about having the check in hand.
My feeling is that if the seller is letting herself be walked on like this, then there probably ISN’T a contract. Otherwise, it’s pretty clear the terms, dates, and what can and can’t happen.
There’s too many questions in this whole saga.
posted by mademoiselle:
Your friend needs to be a litte bit more ‘proactive’ about the whole thing.
I heartily agree! This poor horse… 
If I were the owner I would be on a plane to Florida, hoping to be met at the airport by a fellow COTHer with a trailer! The first thing I would do is call the local police department to tell them them I was going to pick up this horse (be sure to take the horse’s papers, etc.) to see if they could be of any assistance in case there is trouble. If I didn’t feel I had the balls to fight for my horse I would give that fellow COTHer a letter stating they were acting as my agent and I would encourage them to do their “thing” which would be loading the horse up and squiring it off the property! But as owner I would want to be there to ID the horse. After it was off the property I would worry about getting the horse home.
Look the sale is not final! I believe at any point the owner can put the screws to the sale. It’s not too late for her to change her mind!!! It ain’t over 'til it’s over. Let this be a lesson to your friend. This was a stupid idea from the outset, especially since this horse is admittedly “nothing special”. :mad: I would at least take the chance to reclaim the horse since this person is engaging in fraud and possibly fraudulent conversion!!! Ugh…
Lauren, I was telling Jason this whole saga yesterday as we were driving somewhere. He was so mad he had pulled over to the side of the road and was yelling at ME about the situation! I told him I would let you know he would be happy to make some phone calls on your friend’s behalf. He can sound very intimidating if his services are needed.
