Anyone Owning A Friesian Please Help Help Help!!!!PICTURES ADDED!!!!

[Chicken Fruit]

Quote:
I did end up going to see a lawyer, with my contract and with her explainations of things. He agreed that she's in violation of the contract on a few points, but that if I do not take posession of the foal and then have to take her to court I will have nothing. He explained that because its an out of state case, because she already has all my money, AND she'd have the foal I woul dbe empty handed while the judgement was being enforced. It could take months and even years to get her to pay up on everything- she could just keep finding new ways of evading the law, changing her address and such to avoid garnishings and things. Possibly I could never see the money, including the payment for the lawyer fee's she'd be required to pay.

I am just so flabergasted by this whole exchange. I was told by her in person in june that "you do know that your foal is registered with FPS, right?" as though it had already been done. And all this time she's never once mentioned the DNA kit coming to me, only the registration. It wasnt until I called her out on the process that she told me I was confused and obviously didnt understand how fhana worked, and that all she could do was send in the birth announcement.

I hate confrontation, and I really hate arguing with people like this, the stress level she's causing is just unreal. She must think that because I am so nice and understanding when confronted that I must be stupid and will believe whatever she tells me.

 

[farrier!]

Odds are if I mention where this filly is suppose to come from to the breeders I know will have a lot to say....none of it good.

Unluckily being right does not mean you get your money back. Having someone convicted does not even mean that. I have lost out on 5500, and 25,000.

Hindsight is always better....if you had posted asking before sending the money you may have not lost out.
If I had done more checking I would not have either. The problem is often you do not know how or where to check!

Maybe contact your insurance people and ask them what they want you to do. It sounds like they will soon have a claim on a foal with unproven linage.

 

[Chicken Fruit]

farrier! :

Odds are if I mention where this filly is suppose to come from to the breeders I know will have a lot to say....none of it good.

Unluckily being right does not mean you get your money back. Having someone convicted does not even mean that. I have lost out on 5500, and 25,000.

Hindsight is always better....if you had posted asking before sending the money you may have not lost out.
If I had done more checking I would not have either. The problem is often you do not know how or where to check!

Maybe contact your insurance people and ask them what they want you to do. It sounds like they will soon have a claim on a foal with unproven linage.

I think that was the problem all along, I was new to the breed and didnt know WHERE to look for help in the beginning. I did have a strong contract, and i did have the sire and dam's registration papers and number which I did verify- but if I had known what I know now about this breeder I would NOT have bothered. This horse was supposed to be the realization of a life long dream, not a stressful nightmare.

I know the breeding she sold me exists- I verified it with FHANA, its just the question of why no pictures, why no answers to questions, why not vet records and WHY the darting refusal to discuss the registration process?

And you're right, just like my lawyer said, taking her to court doesnt stop her, or set this transaction right. Even if I win, how on earth could I know when I'd be compensated?

i wish there was some way of stopping her from doing this to other people.​

 

[patandchickens]

Quote:
Yes, that is exactly why you can't rely on court proceedings to really solve the problem.

So, you have paid the full amount for the foal, then? In that case, I think are probably best off doing your level d*mn best to sort things out, but unless worse hijinks are going on, you should at least manage to at least walk away in possession of "a" foal, IF YOU WANT. It will probably at least friesian type and may even be an actual, tho quite possibly unregisterable, friesian. It will probably not be the ultra super cheap deal you thought back in the Springtime that you were getting; but it should be saleable.

"If you want" is the thing to decide.

If you just want a black long-haired foal, and can live with uncertain parentage and possibly not the absolute greatest quality, then you may have a somewhat overpriced horse but you do have a horse, at least.

If you flat out don't want the foal without assurance as to parentage and so forth, however, IMHO you would probably be best off walking away now and calling it a very, very expensive lesson. Yes, if you take delivery of this foal (after making as many efforts as possible to encourage it to be the right one, of course) and sell it RIGHT AWAY, to the first person who comes along with cash, even if it's not for very much money, you might be able to recoup some small amount of your expenses... or you might not (because taking delivery will require a whole new cascade of expenses, from transportation to boarding until the horse is sold, plus any surprises like injuries or illness, til the horse is resold).

She must think that because I am so nice and understanding when confronted that I must be stupid and will believe whatever she tells me.

Enh. Supposing that the seller is in fact dishonest -- and it sure is hard to interpret things in any other way -- she probably does not much *care* whether you believe whatever she tells you, because she *has your money now* and knows how civil cases work and as long as she is not morally bothered about it all, it really isn't likely to rock the boat of her life all that much. There are some people in the horse industry who've been doing these sorts of things their whole lives, all they have to do is keep finding new pigeons without sufficient connections or prudence to check up in advance; and presumably there was a first time even for those people, meaning that at some time it would not have even been POSSIBLE to get warned away from them.

Expensive lessons suck. And unfortunately, when the economy is down, they become more common at the same time as they hurt more. But, decide whether "a" horse will suffice, either take the horse or walk away, and when the whole story is over and "in the can" you will doubtless let it be known far and wide (in a non legally actionable way of course <g>) who this person is, what they did, and perhaps your been-there-done-that advice can help other people avoid making similar mistakes.

Good luck,

Pat​

 

[patandchickens]

farrier! :

Maybe contact your insurance people and ask them what they want you to do. It sounds like they will soon have a claim on a foal with unproven linage.

I meant to add -- this is excellent advice and you should definitely take it. If nothing else, if they say "unless her papers are in order and her lineage proven then we would not pay out on a claim", it would make you think twice about continuing to pay for coverage.

Pat​

 

[Chicken Fruit]

Quote:
I meant to add -- this is excellent advice and you should definitely take it. If nothing else, if they say "unless her papers are in order and her lineage proven then we would not pay out on a claim", it would make you think twice about continuing to pay for coverage.

Pat

Yeah the parents lineage and registrations prove out. I checked with Fhana based on the information in my contract and the papers provided to me by her. The only thing I CANT prove is that the foal she's sending me is in fact the product of that breeding. Which was my reason for wondering how she could expect me to be responsible for the DNA kit and chip when she's the one providing which ever horse I get delivered to me. How on earth can I prove anything, epsecially since the foal has so conveniently and unexpectedly been weaned and is now off the dam? A vet couldnt just see the foal on the dam, scan the dams chip and insert the chip in mine after verifying it, and pull the DNA. And she's trying to tell ME that the only way for ME to be protected is to do it myself on the foal she sends. Malarchy!

 

[BlackBart]

It sounds fishy. I wonder if the breeder has been suspended?
Seems to me the purchase price was very resonable for your foal considering the lineage.

We ALWAYS register, DNA and microchip our foals then pay to have them transfered to the new owner.
There is going to be a DNA test done, isn't there? I would want a Vet to take the hair sample to assure it is legitimate.
I would want the papers correct for the Kuering tests.

I have heard stories of DNA hair samples taken from other foals and then people trying to register but they get caught when the DNA doesn't match or breeding papers don't match the foal dates. Still some have slipped by and it has a domino effect.
DNA test always should be the responsibility of the breeder.

There are lots of Friesian Forums on the net and there is the COTH forum (Chronicle of the Horse). Very knowledgeable horse people on that forum.

This sure is ruining the pleasure of you getting a new foal

 

[Chicken Fruit]

Quote:
Ruining is an understatement. I am ready to throw away my life long dream of breeding and selling and enjoying this breed entirely. Even dealing with horses at all, every step of my life i have strived towards this goal, but right now I am so sick of it all. At this point I just want to wash my hands of everything, how can people be so cruel and wicked? This was a life long dream and she knew it when I started this process, I cannot imagine being so uncaring and crass.

 

[BlackBart]

Don't give up! if it is all a scam (or it might be that she is broke)
she should be shut down and your efforts could save somebody else from heartbreak.
This happens in EVERY breed, look at the big mess the Morgan breed was in awhile ago, it was criminal.

http://www.chronicleforums.com/Forum/

 

[Chicken Fruit]

i posted on the mentioned forum too, thanks for that.