advice needed

EQUIDAE

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It would depend how the horse was advertised, compared to how it is behaving now. Most dealers will allow you to exchange a horse if it doesn't suit, or refund but at a lower price. If the horse is genuinely misrepresented they should issue a 100% refund without the need to go to court, though I assume you mean they are refusing to refund.
 

benz

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I was planning on it but sorted before it got to that stage. I would say speak to a solicitor for their advice, the BHS helpline was excellent. Good luck
 

EQUIDAE

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There have been successful cases through the small claims court but you'd have to prove that the horse actually isn't as described - they tend to fail when people overestimate their own ability and then claim the horse is bad. With no information at all we can't give any opinion one way or the other as to whether you would be successful.

Reading your other post I don't think you would have comeback - you went to see the horse for your novice husband and took the horse home on the same day after only trying it in the school. Not really enough for you to see if the horse was really suitable.
 
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AmyMay

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Is this the horse that won't hack? If so you've had her now for going on 6 months, so doubtful you have any comeback.
 

WelshD

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six months is a long time to own a horse that you are wanting to send back and if I were the seller I would argue that anything could happen in that time


If you opened a dialogue with the seller with reference to the horse's unsuitability early on then make sure you dig out copies of any emails/texts etc as this may help

There have been a few success stories of court wins on here but i do think time has gone against you here and seeing that the horse is a safe schooling horse and fine apart from the hacking it may be a better idea to cut your losses and sell him/her
 

JanetGeorge

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It's one of the problems of dodgy dealers - and sadly there are a lot of them. A horse can go wrong very quickly - i sold the original Mr. Laidback to Scotland last year. It was his first ever trip - and I'd guess he arrived a bit stressed. He got worse - not better - and I am sure the new owner was just much more nervous than I'd judged when she saw him. He came home after 3 weeks (travelled beautifully according to Gillies) and he settled right back in as if he'd never been away (he HAD lost a lot of weight.) Next time I sell him it will only be to someone very local!
 

landyandy

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I can't say too much as it is in the hands of a soliciter now, but I contacted seller after 2 days, I knew the horse wasn't as described then, I never over estimated myself at any point, but just wish sellers would be honest. I was, the horse was for my very novice husband at the time, he as now been slightly put off at been a horse owner.
 

EQUIDAE

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Could I ask why you didn't hack the horse when you went to view? Especially as being bought for a novice - this is likely to be very detrimental to your case.
 

Bernster

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You can take it through small claims courtier £30 - no need to get a solicitor involved. Please tell me its no win no fee - your bills could be more than the value of the horse :(

Agreed, make sure the likely costs are ok in terms of what you are likely to recover, and that you have a strong case to make it worthwhile. Horrid situation to be in. In my case I ended up selling the horse as I'd over-horsed myself. Not really a dodgy dealer, more of a mismatched horse, but they didn't honour their promise to take the horse back if I wasn't happy (in my case this was only 4 weeks after purchase and I'd kept them updated that I wasn't happy during that time). He's got a distinctive name to I googled him recently and he's going great guns with a teenage and looks fab !
 
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