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Giving pony away to avoid further action

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    07-05-2012, 07:12 PM
  #11
Showing
Her bringing in the police means exactly squat. It's a civil matter, not a criminal one. The police can't DO anything. There'd have to be a court hearing after filing a complaint with the legal system, to determine ownership of the animal.

So you just wanted a good home for the pony? I wouldn't be inclined to GIVE someone anything after they threatened me with legal action, and tried to tarnish my reputation. I'd have called her bluff, and told her I'd see her in court. That is, if I wasn't trying to pull a fast one, and got caught.
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    07-05-2012, 07:15 PM
  #12
Foal
Yes, I just have too many big horse rescues right now with problems that I just needed him to find a good home quickly. The matter is still fresh, hence why I'm seeing what I can do but I only know who it is after snooping but consigner wouldn't release any of her contact information. Its just that we don't have the $ to go to court..
     
    07-05-2012, 07:17 PM
  #13
Trained
Ok, let me take one more run at this. You have a pony you want to sell, so you consign him to an agent. The agent sells said pony, gives you the deposit but wants coggins papers. You turn over the coggins from the people you got the pony from (those peops are the root of this mess). The new buyer checks out the coggins papers & calls the vet listed. She finds out the coggins are a forgery, so she call the agent & the cops, who in turn, contacts you. You offer to pay for a proper coggins, and this should be the end right here. However, you give the new buyer the pony, pull a new coggins & pay for the agent's gas to shuttle the deposit back forth. Why did you do all that?
     
    07-05-2012, 07:23 PM
  #14
Showing
Why would you need money for court? In civil matters, attorneys aren't usually necessary. If you could prove via paper trail what you're claiming, then she'd have to put up or shut up about the pony.

A hearing in civil court isn't a big money deal, and I'd think it would be worth a few hundred dollars to prove that you weren't trying to cheat her. It cost you more to do what you did, than it would have to go to civil court.
     
    07-05-2012, 07:26 PM
  #15
Foal
No, agent got the deposit then full payment when they came to get him then sent us the $ that she owed us. But yes, coggins were given that's right but the cops/etc. never contacted us, she just kept threatening us with what we could be charged with or whatnot but WE said from the start, we will pay for new ones esp. Because we KNOW its neg since recent coggins we pulled were neg. And those horses were with him when he was here. Only the consigner kept calling us telling us what buyer was threatening to do. The buyer continued to threaten us and going to court as a civil case, something along the lines of getting a lawyer and whatnot would cost $2k so we thought just screw it and give her everything and be done with it, but I think it can't be that easy to lose a situation. We do have animal control coming next week but most if not all horses have coggins unless expired or we just never take them anywhere..
     
    07-05-2012, 07:33 PM
  #16
Showing
So you never actually spoke to the buyer, just the consignment agent? Sounds like you had a fast one pulled on you.

Never, ever admit guilt if you're not guilty. The fact that you caved so quickly gives the impression that you ARE.

Why is AC coming out? What does that have to do with the situation?
     
    07-05-2012, 08:21 PM
  #17
Started
Somehow I wonder if the consigner and the buyer were working together, have split your money and have your pony.
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    07-05-2012, 08:26 PM
  #18
Showing
In future.. do not give a horse away due to the prev. Owner's error on the paperwork. You offered to pay for a new coggins, *and I agree with wares that THAT should have been all that was left on your end.
     
    07-06-2012, 01:30 AM
  #19
Foal
Good grief. If you explained things this well to the buyer or consignment agent I can see why you have a problem. This story changes each time.

Personally it sounds like you got taken. There were threats of action, but no action taken. You caved and not only do they have pony, but they now have your money via paid delivery. A new Coggins or return of pony was all that was needed here. If it went through a consignor who is even somewhat professional there should be a sales contract. The only reason to act the way you did was if you were guilty. Otherwise why admit guilt by turning everything and then some over to an unknown buyer you've never spoken to? The consignor should either have stepped up to help resolve or stepped out to allow a proper resolution. Not just one that makes him look good and you look like a fraud. I'm not saying that is you... just that the resolution gives that appearance to your unfortunate situation.

I doubt there is much you can do at this point. The buyer has possession of horse and the money was returned. You would have to prove theft through deception. Did you ever talk to the vet listed on the orig Coggins to get the records or lack of first hand? Did you have a consignment agreement and sales contract?
     
    07-06-2012, 01:46 AM
  #20
Trained
You gave away the farm on a threat. All you can do now is suck it up and move on.
     

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