# Giving pony away to avoid further action



## waresbear (Jun 18, 2011)

Your post was difficult to follow, so let me see if I understood this....You took a pony in on consignment. A lady bought him & she wanted a coggins, so you handed over the coggins papers the consignee gave to you. The lady buyer calls the vet on the papers and vet knows nothing of the pony listed. She screams forgery and calls the cops (odd, guess police up your way have nothing less to do). Then you offer to have a new coggins pulled & pay for it, give her the pony and money for gas because?? That is where I am lost.


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## victorialicious7 (Jan 22, 2011)

No I sent the pony on consignment and forgery wasn't thought about although thats what we thought may happen. We offered first to solve the problem (coggins was from old owner, not us, but he never left the farm so it wasn't a priority b/c we knew he was neg. since another one we had recently was neg.) by paying for a new coggins if it was a problem, then they kept calling more authorities so we basically said take the pony before it went to court and in the end we did both plus pay the consigner to take the money back to her.


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## Speed Racer (Oct 21, 2009)

I'm not sure I understand. 

Prospective buyer wanted a new coggins pulled, and for some reason you didn't do it. 

What about that scenario would lead her to bring in the police, or make you think you needed to refund her money and give her the pony for free? Was there something shady about the initial transaction that worried you? I can't for the life of me understand why you'd fold up like a deck of cards, just because she threatened legal action over something.

If she wanted a new coggins pulled and you didn't get one, I don't see how that translates into her getting the pony for nothing, plus you paying transport costs. There's a lot of the story missing, apparently.


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## victorialicious7 (Jan 22, 2011)

No we offered to pull a fresh coggins and pay for it, the other coggins was from his last owner. WE tried to negotiate, but in the end we just wanted a good home for him, not this fuss.


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## crimsonsky (Feb 18, 2011)

Speed Racer said:


> I'm not sure I understand.
> 
> Prospective buyer wanted a new coggins pulled, and for some reason you didn't do it.
> 
> ...


exactly. i'm quite confused here. :/


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## KarrotKreek (Mar 31, 2012)

I guess if the original Coggins was forged, which is how I'm reading the OPs post, I'm still not sure why all the trouble to get rid of the horse for free, pay travel costs and new test? I don't know what your legal obligations are if a consignor forged information.

Yes, it doesn't look good for OPs reputation. But if the horse wasn't owned by OP and the paperwork issues are back down the line, then this should be correctable. Ruffled feathers, lots of apologies and corrective action on OPs part and not so happy new owners, I'd expect that. Unless I'm missing part of the story. 

I'm taking a guess that the pony is no longer in OPs possession and is with the buyer? It was hard to follow. Not sure if a prospective buyer had issues or if pony was sold then there were issues. Assuming the latter, I'd think at most you would be in breach of contract. New Coggins at your expense could correct that, or buyer could return pony and you might have to cover "board" for the time it was gone and trailering cost (but pony comes back to you). I'm no legal expert, just think this seems more of the reasonable common sense course of action.


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## victorialicious7 (Jan 22, 2011)

not sure how else to explain it lol its a really confusing situation, we basically are talking to the consigner instead of each other.

I gave horse to consigner
Sold horse, had a deposit, wanted coggins before he left to their barn
Sent the coggins, buyer got it, called and the vet on coggins didnt know horse
Amongst all confusion about the problem, we offer to pay for brand new test
Then buyer began to call authorities causing us to just let her have the horse
Finally in the end, to avoid going to court and paying more $, she got the horse for free (sent money back), paid for a new coggins, and gave consigner the money for gas to go back to the buyers place and give her the money. Basically we paid to give the horse away.


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## waresbear (Jun 18, 2011)

I understand even less now after you explained it. :think: Nope, reread it and can't follow it. Anyways, did the pony get a good home at least?


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## victorialicious7 (Jan 22, 2011)

Sold and then issues.

We didn't think to check the coggins but we had no way of contacting the old owners etc. but WE did not forge, we just sent him with the coggins he had.

I'm just wondering if its fair that in order to avoid a legal issue, we paid for everything PLUS gave away the pony? Especially when it was not our fault, gave what we were given, and if anything, consigner should have dealt with it and we would have gladly just paid for a new one.

EDIT:

Sorry its really complicated :s it was like that the whole day and we had no choice but to give the pony away over a coggins we didnt even know was false, hence us saying we would just purchase a new one.


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## Speed Racer (Oct 21, 2009)

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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## victorialicious7 (Jan 22, 2011)

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 dont have the $ to go to court..


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## waresbear (Jun 18, 2011)

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?


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## Speed Racer (Oct 21, 2009)

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.


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## victorialicious7 (Jan 22, 2011)

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 thats 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 cant 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..


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## Speed Racer (Oct 21, 2009)

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?


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## cakemom (Jul 4, 2010)

Somehow I wonder if the consigner and the buyer were working together, have split your money and have your pony.
_Posted via Mobile Device_


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## Skyseternalangel (Jul 23, 2011)

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.


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## KarrotKreek (Mar 31, 2012)

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?


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## Dreamcatcher Arabians (Nov 14, 2010)

You gave away the farm on a threat. All you can do now is suck it up and move on.


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## DancingArabian (Jul 15, 2011)

It doesn't look good for you that you basically caved and gave her everything. It might not even have been a forgery. Some vets see HUNDREDS of horses and simply cannot remember them all. The money should just have gone back, pony returned, Coggins sorted out, then pony sold. By rolling over, you made yourself look guilty and bad.
_Posted via Mobile Device_


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## wetrain17 (May 25, 2011)

I'm confused too. Why would you just give the horse away? If you were worried it would turn into a big deal, why not take the horse back and give the buyer their money back?


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## chandra1313 (Jul 12, 2011)

I would have paid for the coggins test to be redone and if that didn't make the buyer happy then I would have ended the sale. I find it hard to believe that a vet could remember whether or not he performed a coggins test on said animal, just based on looks, most vets see a lot of animals, and since horses probably don't go the vet but once a year I would find that hard to believe. Now if the vet looked at the papers and his ID number and his signature did not match then I could see the vet denying he pulled the blood for the test. I would have let her take me to court.

It's over now though, if you didn't consider it cost effective to defend yourself then why do it now, since more then likely you will look more guilty since you just paid and refunded money to make the whole thing go away.


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## Left Hand Percherons (Feb 1, 2011)

victorialicious7 said:


> No we offered to pull a fresh coggins and pay for it, the other coggins was from his last owner. WE tried to negotiate, but in the end we just wanted a good home for him, not this fuss.


And this person is ”a good home”?
_Posted via Mobile Device_


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## Silent one (Aug 22, 2011)

Gosh, I give up! No matter how many times I read this I'm still confused. Must be cause I'm a blonde........


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## Speed Racer (Oct 21, 2009)

Silent one said:


> Gosh, I give up! No matter how many times I read this I'm still confused. Must be cause I'm a blonde........


Naw Silent, it's because the whole thing is rather confusing no matter how it's interpreted.


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## wyominggrandma (Nov 4, 2009)

You got scammed big time. All you had to do was get a new coggins and give it to new owner. There is nothing she could call the cops/ac on, you did nothing wrong. Probably the only thing somebody could have called you on was the fact you used an old Coggins, but should not have mattered if it was done within a year(or 6 months depending on your state laws).But still nothing the authorities could have done, you didn't make up false coggins,if they are false, the old owners, whose name are on the coggins papers are the ones who did forgery. THEY would be breaking the law, not you.
Yep, you got scammed. The owners got a new pony, the agent got their money and you got nothing......... I would also be checking to make sure the pony is actually in a good home. Because the new owners never spent a dime, the pony could easily end up with meat buyers,or being sold to someone else for more money.......


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## churumbeque (Dec 20, 2009)

I wouldn't have given them the pony. You should have just said that is what was given to you and it is the buyers responsibility to do a vet check and coggins. Not sure why you felt black mailed into giving the pony away that wasn't yours to begin with.


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## cirrutopia (Jul 30, 2012)

wyominggrandma said:


> You got scammed big time. All you had to do was get a new coggins and give it to new owner. There is nothing she could call the cops/ac on, you did nothing wrong. Probably the only thing somebody could have called you on was the fact you used an old Coggins, but should not have mattered if it was done within a year(or 6 months depending on your state laws).But still nothing the authorities could have done, you didn't make up false coggins,if they are false, the old owners, whose name are on the coggins papers are the ones who did forgery. THEY would be breaking the law, not you.
> Yep, you got scammed. The owners got a new pony, the agent got their money and you got nothing......... I would also be checking to make sure the pony is actually in a good home. Because the new owners never spent a dime, the pony could easily end up with meat buyers,or being sold to someone else for more money.......



Pretty much all of this.


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