advice for a friend re pony purchase gone wrong, comeback?

charlie76

charlie76

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Fortunately not my purchase so posting on behalf of a good friend who has bought a pony from a dealers. Pony was bought last Monday following a five stage vetting, he arrived at his new yard and settled in well. The pony was described as suitable as a first pony, friend called me last week to say despite being lunged before work he pit his back up and tried to buck when first ridden, they put a better rider on and he was OK, BH of perfect but OK. The next day they tried to ride him again, I went along to watch, it took about five mins to get him to stand at the block, little girl got on, he put his back up and buggered off round the school, little girl was terrified and got off, we lunged him again and I put her older sister on and he was OK. In the afternoon they decided to hack him, they said he did it again.
Was due to have a saddle fit ( now four days after purchase) but that had to put on the wayside as it now transpires the pony has strangles! So he is now in isolation, I told,d them to call the old owner who has denied any knowledge. The pony is at a yard where they 100% no that there hasnt been strangles. The pony came from a huge dealing/breeding/riding school with horses in and out all the time.
Now to top it off the pony was purchased as an 8 yr old, the passport wasn't sent with the pony but sent a few days later ( not on but my friend is very novicy) and she showed me it today, the name ,matches the pony however, the pony is actually a six yr old and not an eight yr old.
The pony was quiet to ride when they tried him but is def not a first pony due to the mounting issues, is two yrs younger than stated in advert and is ill!
My poor friend is tearing her hair out as the pony that was supposed to be on diy is now costing a fortune as the yard are having to do it and he is now stabled 24/7 and they have a vets bill that isn't covered on insurance as they only had him four days.
So , does she have any comeback and if so, who with, the dealer, the vet who vetted him??? Any help appreciated as she is traumatised.
 
I feel for your friend and their child.

I don't know if there is any come back.
They tried the pony, had it vetted and it was all ok.
Horses do change when they move home and owners, sometimes extremely.

They may also have not known about the strangles.

If its a dealer though you should be able to send pony back.
 
I would be interested to know why the vet passed him as 8 when his passport says 6 that is inconsistent and may be enough grounds to return, the vet should have seen the passport at the vetting and should have noticed the difference in age.
re the strangles I think that would be hard to complain about it may not have shown any symptoms at that time, you would have noticed anything obvious when you saw it.
 
I'd imagine the age discrepancy is possibly her best bet on return (if it was passported as a foal rather than vet's estimate) - not as described and simpler than quantifying behaviour. They aren't going to want it back with strangles though so guess that rather complicates things. certainly feel for her though.
 
Buying through a busy yard and you accept the risk of contagious disease. So from that aspect, it's bad luck and deal with it.

However I would imagine that if you purchased a believed 8yo and it is indeed 6yo (combined with the ridden behaviour) that is the angle you take to get the horse returned. Although did the vet not look at the passport?

My advise - call dealer, tell them the pony was misdescribed and will be returned for a full refund once is clear of strangles. If they are not so forthcoming of the idea, then a solicitors letter.
 
If you buy from a dealer I believe you have more recourse - contact the BHS helpline if a gold member, or CAB who will be able to explain the trading laws.

The fact the pony was sold as a different age to its passport should weigh hugely in her favour as 'not as described'.

Good luck to your friend, but I can't but help feeling equally sorry for the pony....
 
I think your friend has every chance of returning the pony it's too young to be a first pony and that combined with its behaviour should make it easy.
The strangles is a complication your friend will have to care for it until the vet says its ok to return it the strangles I think will be just one of those things it's awful luck though .
Your friend should seek advise about the best way to proceed .
 
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