2 months later I'm still trying to get my deposit refunded for failed vetting horse

hnmisty

hnmisty

Well-Known Member
Joined
24 March 2013
Messages
2,561
Location
Sheffield
Visit site
This is going to be quite long, sorry!

Back in Feb, I went to look at a horse for sale and put down a £200 deposit. She failed the vetting at 2*, came up completely lame in trot. They thought she'd bruised her sole, so I decided to wait until she recovered and have her re-vetted.

She was being sold by a lady for her "friend" (since communicating with the friend, they seem more acquaintances) who she had originally sold her to. Reason was the owner was having to sell from the field. After failing the vetting, the seller had to leave her yard as apparently her stable block there never had planning permission and was being knocked down, so horse went back to owner.

It then took a few days to get the owner's number off her. When I spoke to the owner, horse was still lame, something in her shoulder I think. So I decided to keep looking, and now have a lovely horse called Barry :)

Seller originally said I could have my deposit back after she failed the vetting in Feb. I asked for deposit back on 8th, this is when she was waiting for her card reader apparently.

17th April- she's waiting for her activation code.

26th April- no reply

1st May- no reply

8th May- no reply

22 May- no reply.

I also sent her an email this week- no reply.

Owner doesn't have a home number for her.

I don't know whether to name or not.

Can anyone offer any advice on what I should do?
 
Did you get a receipt saying " deposit subject to vetting" ?

Was it a private seller?

Did you pay cash?

Do you have it in writing ( even email) of them saying they will give deposit back?

If there's no receipt, it was cash and a private seller, it will be a tough legal route to go down. The fight will be that the "item" that was being sold was not fit for purpose.

If there is a receipt, payment is traceable and bought from a business, will be much simpler to pursue :)
 
She's back with the owner, but the owner had nothing to do with the selling process when I put the deposit down. I only have her number as the horse had to be returned to her.
 
I'd probably send a recorded delivery letter stating that if the money wasn't returned in 7 days, I would be starting a small claims court action.
 
I would write to the owner recorded delivery and say you require return of the deposit by a certain date or you will take them to the small claims court that might do it.
 
What a cr*ppy situation.

Do you have a receipt for the deposit? Or any messages/texts/emails?
 
Last edited:
alainax said:
Did you get a receipt saying " deposit subject to vetting" ?

Was it a private seller?

Did you pay cash?

Do you have it in writing ( even email) of them saying they will give deposit back?

If there's no receipt, it was cash and a private seller, it will be a tough legal route to go down. The fight will be that the "item" that was being sold was not fit for purpose.

If there is a receipt, payment is traceable and bought from a business, will be much simpler to pursue :)
Click to expand...

I paid with a bank transfer, and have a text from her saying "I will refund your deposit", then on 8th of April when I first asked for the deposit back, she replied with "yes no probs, I'm waiting for a new internet dongle for my online banking then I'll send it". She buys and sells a few a year, so guess she is a dealer, but was selling this one for a friend.
 
hnmisty said:
I paid with a bank transfer, and have a text from her saying "I will refund your deposit", then on 8th of April when I first asked for the deposit back, she replied with "yes no probs, I'm waiting for a new internet dongle for my online banking then I'll send it". She buys and sells a few a year, so guess she is a dealer, but was selling this one for a friend.
Click to expand...

perfect! keep these safe! Next step is to send recorded delivery ( signed for) letter, stating that you require the deposit returned in 14 days to xxx account, or will begin legal proceedings. :)
 
blucanoo1990 said:
How far away are they?
Maybe you should pay them a visit.
A letter send recorded delivery giving them 7 days to pay up.

How can people be so unfair?
Click to expand...

The problem is...I no longer have any address for her. All I had was the address of the yard she was at. I think I will phone that yard and see if they have an address for her, guess it depends on how well kept their records are.

I feel really naive. This is only the third horse I've ever bought, and the first I've done on my own- was 14 the last time I bought, just turned 25 now.

I alternate between thinking "oh well, it's a blessing in disguise that I didn't get her, new horse suits me much better", then remember she has no right to keep my money, and I think of what I could spend it on- I want to buy Barry a new saddle.
 
hnmisty said:
The problem is...I no longer have any address for her. All I had was the address of the yard she was at. I think I will phone that yard and see if they have an address for her, guess it depends on how well kept their records are.

I feel really naive. This is only the third horse I've ever bought, and the first I've done on my own- was 14 the last time I bought, just turned 25 now.

I alternate between thinking "oh well, it's a blessing in disguise that I didn't get her, new horse suits me much better", then remember she has no right to keep my money, and I think of what I could spend it on- I want to buy Barry a new saddle.
Click to expand...

Do you have her name? ( dont post it here or may get locked) but if you do its surprisingly easy to find addresses ;) Especially someone you think is a dealer.
 
Sorry, I'm not clear who the discussions were with and who you gave money to. I'd tell both of them that unless you receive money by x date you will make a claim in small claims court against both of them. One of them might pay or might be able to encourage the other to pay. Alternatively the 'innocent' party might hand over the details of the other to avoid being dragged into the claim.
 
SpottedCat said:
Googling the phone number will probably help too ;)
Click to expand...

I've tried googling name and number- name only brings up a profile on horsemart with the same phone number, and googling phone number doesn't get anything either.

I think she may be involved in a horsebox hire/sale company, but not 100% certain.

I'm going to go ring her old yard I think.
 
The vet practice, was this woman a client of theirs? If so, could they help? I appreciate they cannot pass on any contact details to you, but you may get a bit of information from them. Worth a try.
 
I really hope you get it back! I would send her another email, in a polite but firm way, stating that you have proof from your bank saying you sent her deposit, proof of failed vetting, and proof that she said she would send you it back - just so she knows that you're serious and she really has no come back into not giving you it back as you have all the proof you need.

X
 
Does she have anything for sale at the moment? If so get a friend to call up and arrange to see - so you get an address.
 
Abacus said:
Does she have anything for sale at the moment? If so get a friend to call up and arrange to see - so you get an address.
Click to expand...

The business is horse boxes, one of the numbers on the site is the one I already have for her, so I've texted the other- just got a reply, it's her husband, so have asked if he has a number for her.
 
You, or a friend, could then call him and arrange to go and see one of the horseboxes. It's sneaky but would get an address out of them.
 
If despite your phone call you don't get a response within next 7 days then I would suggest that you make a claim through the small claims court:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Once you have made your claim allow 4 weeks for her to respond and if she does not do so then ask the court to make a judgment.

If still no success ask the courts to send the Baliffs in.

If that fails then use a debt collection agency and ensure that their expenses are claimed from her.

All your court costs can be claimed from her.

If you require any assistance then don't hesitate to contact me.
 
Abacus said:
You, or a friend, could then call him and arrange to go and see one of the horseboxes. It's sneaky but would get an address out of them.
Click to expand...

The website has an address on, and if I had more balls I would!

The husband hasn't yet replied with a number for her (which is what I asked for after finding out it was him), but at least I know she is definitely involved with that company.

Just looked through my texts, I first asked for the deposit back on the 8th April, so it's been more like 6 weeks than 2 months, but that's still long enough.

Should I send a letter to the business address? Any advice on wording? Going to ring up the practice who vetted her and ask for a certificate to say she failed, don't think I ever got one.
 
Is it a residential address? If so it's likely to be their home address so you can send the letter there. Might just be his business address though... try looking at it on Google satellite maps.
 
Also if you know their full names and town try looking at the royal mail website (postcode finder) to get a residential address.
 
Abacus said:
Is it a residential address? If so it's likely to be their home address so you can send the letter there. Might just be his business address though... try looking at it on Google satellite maps.
Click to expand...

Just trying that at the moment- it's hard to work out as I don't have a house number, and google shows what could be the road name as an area of a road. Atm there's a mixture of houses and car showrooms. I don't know how far to keep making the little guy on streetview go!

Abacus- will give that a shot too, thanks!
 
Abacus said:
Also if you know their full names and town try looking at the royal mail website (postcode finder) to get a residential address.
Click to expand...

Nothing comes up with their company name in their postcode, unless they are on one of the 11 units on the business park that are only numbered :confused::(:mad:

Those smiley faces are a fairly accurate representation of my current mood!
 
Last edited:
OK, have you tried bt.com?

You can put in the surname and town and it might find them.

PM me the website and names etc if you like and I'll have a go - I quite like playing detective!
 
OWLIE185 said:
If despite your phone call you don't get a response within next 7 days then I would suggest that you make a claim through the small claims court:
https://www.moneyclaim.gov.uk/web/mcol/welcome

Once you have made your claim allow 4 weeks for her to respond and if she does not do so then ask the court to make a judgment.

If still no success ask the courts to send the Baliffs in.

If that fails then use a debt collection agency and ensure that their expenses are claimed from her.

All your court costs can be claimed from her.

If you require any assistance then don't hesitate to contact me.
Click to expand...

Thanks for that, managed to miss your reply last time! Do you think I have enough evidence for a small claims court?
 
You should speak to your bank as it is perfectly possible for them to reverse transactions! If you have evidence it can only support your case with the bank.
 
You must log in or register to reply here.
Top