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

Abacus said:
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!
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Well I might just be able to take you up on that offer, thanks!

And I'll beetle off and try BT too.
 
I think you have enough evidence yes to make a small claim. But you need to do the recorded delivery letter as a final warning first. You can serve this to their last known address.
 
lachlanandmarcus said:
I think you have enough evidence yes to make a small claim. But you need to do the recorded delivery letter as a final warning first. You can serve this to their last known address.
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That's good but scary then. So their business address? I've looked on BT, surname brings up three matches, but none with the postcode listed as their business address, none starting with her initial, although of course it could be under her hubby, and I have no idea what his name is!

I'll draft a letter in a short while :(
 
This is what I have so far- input welcome :)

"Dear X,
I am writing to you about horse description and name whom you advertised for sale on behalf of the owner. I put down a £200 deposit on the 25th February, by bank transfer.

I had horse vetted on the 28th February 2013, which she failed at the two stage level. You then offered me the option of having my deposit returned, or persevering with the horse. At the time, I decided to wait to see if she would come sound after a period of box rest. Due to you having to leave your yard (yard), horse was then returned to her owner. My understanding is that this occurred before the 25th March. It then took from the period of the 23rd March to the 7th April for you to provide me with the owner’s telephone number. However, after speaking to the owner on the 8th April, I found that horse was still lame. As such, I decided to continue my search for a horse elsewhere.

I then sent you a text message to ask for my deposit back, and included my bank details. You informed me that you were waiting for your internet dongle for your online banking to arrive. When no transfer occurred, I asked you again by text on the 17th April, when you informed me that you were now waiting for your activation number.

I have since sent you text messages on the 26th April, 1st May (including my address to send a cheque to), 8th May and 22nd May. I have received no reply to any of these communications. I also sent you an email on the 20th May, again, including my bank details and address.

I feel there has been adequate time for you to return my deposit to me, which sadly you have not done. Therefore, I am writing to give you the chance to return the deposit it full, to the address above, by the 7th of June. Unfortunately, if you do not manage to do this, I feel I have no choice but to proceed to a small claims court.

Yours sincerely,

me"
 
I've re-written it a bit and I think it sounds a bit better now but could maybe be tweaked further by someone better at this than me :o

"Dear X,
I am writing to you about the non payment of the refund of a deposit I paid to you for horse description and name whom you advertised for sale on behalf of the owners name.

The agreed deposit of £200 was paid by bank transfer on the 25th February and was to be refundable subject to vetting.

A 2 stage vetting was carried outon the 28th February 2013, which she failed. You then offered me the option of having my deposit returned immediately, or the option to keep the deposit down and re-vet again later, still with deposit refundable if the vetting failed a second time. It was agreed that I would wait and have the horse vetted again after a period of box rest.

Due to you having to leave your yard (yard), horse was then returned to her owner. My understanding is that this occurred sometime on or nearthe 25th March. From the 23rd March to the 7th April I kept in contact with you so you could provide me with the owner’s telephone number. After receiving a contact number from yourself I telephoned (the owner) on the 8th April and was informed by her that horse was still lame.

Due to continued lameness the horse would not pass a second vetting, thereforeI sent you a text message on **/**/** (date) to ask for my deposit back as per our agreement, and included my bank details to facilitate this.

You informed me by (text/phone call on what date) that you were waiting for a wireless device to allow you to access your online banking in order to refund my deposit. When the deposit had still not been refunded to me, I contacted you again by text on the 17th April, you then informed me that you were waiting for your activation number and the refund would be imminent.

I have since sent you text messages on the 26th April, 1st May (including my address to send a cheque to), 8th May and 22nd May and again finally on the 20th May, again including my bank details and address.
I have received no reply to any of these communications..

I feel there has been more than adequate time for you to return my deposit to me as you agreed you would, which sadly you have still have not done.

Therefore,please take this as final notice to return the deposit in full to the address above by the 7th of June.
If you do not, I feel I have no choice but to proceed to a small claims court and will seek to recover my deposit all incurred costs of court proceedings from you.

Yours sincerely,

me"[/QUOTE]
 
Thanks for that sandi_84 :)

I actually arranged for a 5* vetting but she failed the trot up- do you think that's worth mentioning?
 
hnmisty said:
Thanks for that sandi_84 :)

I actually arranged for a 5* vetting but she failed the trot up- do you think that's worth mentioning?
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Ooh sorry I'm not sure :o The other's might know though.
Sorry just re-re-read my revised version and it still needs quite a bit of tweeking but I have to shoot off just now, hopefully by the time I've got back someone will have been on to help you but if not I'll have another bash at it for you :)
 
You really dont need any where near that much info, dont give them anything that they could pass to a solicitor to twist against you.

Simply --

I am writing to you regarding the return of the £200 deposit I paid for horse description and name which you had advertised for sale.

The deposit was paid via bank transfer on the 25th February and was to be refundable subject to vetting.

After the horse failed the vetting, and within our stated period of time had not returned to soundness, You agreed in writing to return deposit in full.

Due to your failure to respond to my numerous requests to have these monies returned I have been left no option than to write to you today to request this situation is resolved swiftly.

I request that you return deposit in full to the address above within 14 days of this letter.

Failure to do so will result in legal proceedings where I will seek to recover my deposit any extra incurred costs of the legal proceedings.

Yours sincerely,
 
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alainax said:
You really dont need any where near that much info, dont give them anything that they could pass to a solicitor to twist against you.

Simply --

I am writing to you regarding the return of the £200 deposit I paid for horse description and name which you had advertised for sale.

The deposit was paid via bank transfer on the 25th February and was to be refundable subject to vetting.

After the horse failed the vetting, and within our stated period of time had not returned to soundness, You agreed in writing to return deposit in full.

Due to your failure to respond to my numerous requests to have these monies returned I have been left no option than to write to you today to request this situation is resolved swiftly.

I request that you return deposit in full to the address above within 14 days of this letter.

Failure to do so will result in legal proceedings where I will seek to recover my deposit any extra incurred costs of the legal proceedings.

Yours sincerely,
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Thanks- I was wondering whether to put so much detail in or not. I expect you're right!
 
Glad alainax gave you the proper wording, that is much much better! :) Good luck with it all hnmisty, I really hope you get your deposit back!
 
And I have amused myself during a pretty dull afternoon at work playing Sherlock!!!

Good luck - let us know how it goes. xxx
 
Abacus said:
And I have amused myself during a pretty dull afternoon at work playing Sherlock!!!

Good luck - let us know how it goes. xxx
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Thanks very much for all your help. You are currently my heroine! :D
(I have managed to get no work done at all this afternoon...oops:p)
 
Don't forget that it's much better to avoid small claims court - you might get a judgment in your favour but you have to pay a fee and it won't necessarily get you the cash.
 
alainax said:
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. :)
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Just send proof of postage, recorded deliveries can get rejected, POP is much better.
 
RunToEarth said:
Just send proof of postage, recorded deliveries can get rejected, POP is much better.
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Thanks for the advice :)

Should I send her a text and tell her if she doesn't pay me back tomorrow I'll send her this letter, or should I just grow a pair (not "pear", as I thought when I first heard that expression!) and send it straight off?
 
hnmisty said:
Thanks for the advice :)

Should I send her a text and tell her if she doesn't pay me back tomorrow I'll send her this letter, or should I just grow a pair (not "pear", as I thought when I first heard that expression!) and send it straight off?
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Just send it, shes had enough warning.
 
Thanks guys!

One last question...send just one to her home address, or to home and business addresses?

MaHats- I don't even like pears!
 
Doesn’t seem quite fair really, the OP is £200 down, and if involuntary, spontaneous chuckling has a value, which I think it does, then I’m well up.

“Grow a pear” … and OP doesn’t even like pears, :D:D:D:D
 
Sorry but you have bugg@red about to long .get online and send her a claim from the small claims court, can be done online very easy ,it helps you all the way , and does not cost much which you add on the claim.
Don't let them get away with it .
 
Stateside said:
Sorry but you have bugg@red about to long .get online and send her a claim from the small claims court, can be done online very easy ,it helps you all the way , and does not cost much which you add on the claim.
Don't let them get away with it .
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Thanks for the boot up the @rse! It's taken me a while to believe that I've been conned, I'm too trusting. I've been thinking "oh, she's probably having phone issues again", but have finally realised she's just planning on keeping hold of it :mad::mad::mad:
 
alsxx said:
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.
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This isn't correct.

Money sent via the faster payment or BACS system cannot be recalled once they have hit the other parties account. The only thing your bank could do is to contact the bank who you have sent the funds to, who will then contact their customer requesting permission to remove the funds from their account which of corse she is unlikely to give!

This is a civil dispute so it is out of your banks hands.

Hope you get your money back, I would be tripping to her business address personally...
 
vieshot said:
Hope you get your money back, I would be tripping to her business address personally...
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Thanks- don't quite get what you mean by tripping though?

I thought the same about bank account- after paying a housemate over £200 in bills, she only noticed after the third payment that the money hadn't gone through. She'd given me the wrong bloody details. Was told then that all they could do was ask the person whose account it had gone into if they'd give it back, and that's for money that I never intended to pay to them.

BAH!
 
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