Loan Issues

[Gulliblemuppet]

Hi,
I own a Shetland Pony that was my daughter's and when she outgrew him we kept him and have loaned him out to a few homes, which has all been fine, they've given notice and I've loaned him out again.
Someone took him on loan 18 months ago and he's been looked after properly, have no issues there.
This summer she asked me to look after him for the summer as she was away, and as most little ponies do, he needs restricted grazing and management to prevent laminitis. I asked if she was wanting to cancel the loan agreement and she said no, she'd have him back in September. All good, or so I thought. There was no one at her yard she trusted to ensure he got the care he needs, and she thought he'd be better with me as I have another horse. I was quite impressed with her for that tbh, however things have gone wrong. When she brought him she made it clear she expected me to pay his livery, I told her that as the loan agreement was still in place, any costs were still her responsibility (as written in loan contract) and that I wasn't prepared to pay for him for the summer unless he was no longer on loan. She agreed to pay the livery, yet nothing has appeared. Messages ignored and then promises to pay but nothing materialises. She still has possession of his tack and rugs (not needed by me for a summer) and most importantly, his passport. I've given her a time limit to pay the outstanding livery, or I will cancel the loan agreement - more promises but no money.
The loan agreement states that she's responsible for all costs except being PTS and disposal, and two months notice by either side to cancel the agreement.
The date I have given her will be two months from when she went, and that she hasn't been paying his costs - so effectively I'm taking non payment as her cancelling the agreement, would that be correct if anything were to come of this?
The other thing is obviously I can't sell him without a passport, and stupidly (and being a fool!) I didn't keep a copy of it. So can I apply for a replacement from the body that issued it and has anyone done this and know the process? I'm going to get him chipped in August when my other horse gets his boosters but without the passport I don't know if they will, or will I need to re passport him totally?
Tbh I think she's taking the piss, and he's not going back to her now anyway. If she does pay what she owes I'll issue notice to cancel the agreement from that date, but I'm doubtful that will happen anyway!
I'm just not sure regarding the loan contract, and effectively her running up a livery debt with me, but me being his owner too? It's all a bit complicated!
Thanks if you got this far! Any advice appreciated!

I should add that I've been paying his livery to the yard, so there's no money owed to the livery yard, she owes it to me.

Is she still paying livery to her own yard to hold his place while he's with you for the summer? I can kind of see why she doesn't want to pay 2 lots of livery, if that is the case. However, this should have been ironed out before the pony was returned to you.

In your shoes I'd serve notice to end the agreement, and turn up on her doorstep to reclaim the passport and the tack. If she refuses to hand back the passport you need to contact the passport agency to see about a replacement but if you serve notice to end the agreement she has no reason not to hand it back - and if she keeps the tack then it's theft although unless it was all carefully inventoried in the agreement/and-or stamped with your postcode, you might have a hard time proving ownership

No she's not, she's told them he won't be back at the end of summer, which they told me when they contacted me over something of his that was left there. I know them vaguely, as friends of friends, but all they knew is that he was coming back to me, therefore contacted me to collect a fleece rug that's his, with her being away, all other stuff was collected when he left.
I honestly never expected her to expect me to pay his livery for the summer and then for her to take him back, so I didn't question it. I've loaned from yards before where the owner is and I've still paid even when I've gone on holiday and they've looked after the horse, so maybe naively, it just didn't cross my mind that she wouldn't pay his livery, until it was dropped into conversation when he came back. The date I've given her to pay by, it will be two months before she returns from abroad anyway and could take him back, as well as a month not paid if that makes sense.
And it'd be pointless turning up on her doorstep for tack and passport as she's not there anyway, until September, and I'm hoping he'll be sold by then (wishful thinking maybe!)
Thanks for the advice though, he's done through wetherbys so I'll ring them tomorrow and see what's what with the passport.

It’s very easy to get a replacement passport. Just look on the website of the issuing society and they will tell you what to do. Most societies will require you to microchip at the same time so you will need a vet visit.

I’d put a paper copy of the end of loan agreement letter in her letterbox along with a demand for his tack etc to be returned within 15 days of the end of the loan agreement. If she ignores you, take her to small claims court for the cost of the items she has effectively stolen.

Sorry I didn’t see he was with Wetherby’s. Here is their duplicate passport form
www.weatherbys.co.uk/Weatherbys/media/PDFs/Duplicate-Passport-Application-Form.pdf

Not much help to you now and I'm sure you know this already but passports should always be with the pony where they live and when travelling, worth bearing in mind if there is a next time. Hope you get it all sorted anyway sounds really unfortunate after 18 months of him being cared for well.