Leasing gone wrong - help!!!

[heidi]

I went to visit my beautiful retired leased TB on the weekend after checking out Wallaby Hills. An hour from visiting the horse, the leasee sends me a text telling me to listen to the voice message he had just left on my phone.

The voice message said that the horse had died and included some details. That he had had an abscess that was treated, and that he then got stuck in a creek for a day, and was pulled out by vet and himself but had died the next day. Understandably I was really upset and couldn't ring or see the bloke but texted back asking for the date the horse died and for him to contact the vet involved to tell them I would be ringing to confirm/check details. He texted back saying that he would and that he also would send a detailed account of what happened. It is now Thursday and I still don't have any real information.

I had met the bloke twice (he rode the horse at my house once) and we had numerous phone calls and emails about the horse and what I expected before I agreed to lease him. I dropped the horse off at the property and the situation/property seemed fine. I had sent him a lease agreement but stupidly I didn't get him to sign it.

I am really distressed as I can't get clear information from the leasee and I know I should just call him but I wanted to get some details off the vet first so I know the bloke is not bullshitting when I talk to him. I also know that shit happens with horses, it is the dishonesty of not telling me and lack of clear details that is really upsetting.

My gut feeling is the horse died ages ago possibly in not very nice circumstances and he was just too gutless to tell me until he got backed into a corner. My partner and I are just trying to decide if my partner should ring him or if we need to get a third party involved.

Anyway does anyone know what are my legal rights as the owner is? Does anyone have any similar experiences? Does anyone know of any lawyers/solicitors that may have dealt with similar cases? Do I put in a complaint with the RSPCA?

Any thoughts most appreciated?

[overflow]

I'd let it go, if is dead. It won't bring the horse back and will cause you a lot of grief. My only thought is are you sure it's dead and not been sold or passed on to someone else?

[jag]

Hello Heidi. I am not sure what legal rights you are looking for as you don't know the full factual story. You need to confirm what happened. Overflow I am sure Heidi realises nothing will bring her horse back that is not the point. Finding out the truth is the point. Keep trying to get in contact. Ring local vets to find out I they treated the horse. Make a visit to the owners place and speak to him personally. If all else fails you may never find out the truth. But at this early stage you don't know the full story

Lisa

[heidi]

Thanks for the replying. I finally got the vets number. This is the vets story. The horse was treated in mid May for an abscess. Late May the vet was called to help pull the horse from out of a creek whilst stuck in a fence. It was a very cold and wet, the vet didn't think the horse would survive the night. 3 days later the leasee got more antibiotics for the horse. He did not know the horse had died. Leasee's story. The horse was pulled out from the creek, was up about eating etc but laid down and died the next day. The vets story and the leasee's story have a conflicting chain of events and dates.

I have spoke to the vet twice, and over the last 6 weeks I have continued to email and text the leasee for confirmation of details. I still don't know anything more. I have contacted two lawyers but I need to have proof that the leasee was negligent plus they are not really interested as the horse was aged etc and there is no monetary gain. I am in the process of contacting the person who supposably buried the horse for confirmation of that burial. I am also about to send a email to the RSPCA and to the Ranger of Livestock Pest and Health Authority.

At this stage I can't speak to the "ahole" I find the whole thing too distressing. How can I believe anything he says when he led me to believe for five months that my poor boy was alive? Who would do that? I am not sure if I am dealing with some type of mental illness? I just want to know what happened, to feel comfortable with the facts, the chain of events.