Advise need please, what would you do, sorry very long

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welshies

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A lady came to view my pony Saturday morning after many days of conversation about him, she had many questions and i was very willing to answer them. I was 100% honest about him from the start and i clearly stated he is, although 5, quite inexperinced for his years due to lack of time, but the sale price reflected this. She came to see him, he was an angel and she paid for him there and then. She had rang me again before she left to come and see him to ask if i thought her stock trailer would be suitable to take him home in, although he is only 12.2 i said i really don't think that would be a good idea and i again explained his inexperience and the fact he hasn't really travelled anywhere in 4 years and after selling my trailer last year i wouldn't be able to get him accustomed to this. She was still very happy to continue. On leaving we had arranged for her friend to bring her trailer the next day to collect him. She rang me again that evening to change the time as something had come up which was not a problem these things happen but she failed to mention she would now be coming in a converted van horse box instead of a trailer. If she had told me this i would have expressed my reservations of these types of vehicles due to an accident my other horse had in one, but i wan't given that opportunity. So anyway she was there with a box so we thought we'd give it a try. Her firend had brought her pony for compnay and he really was very good apart from trying to bite my pony, my pony loaded very well considering he had never been in such a thing and off they went. I had a call about 10 mins later to say the pony had jumped the partition into the grooms area and could i go and help, which of course i did. When i got there they had reloaded him with no issues and apart from a few grazes on his face and being very sweaty (he has a huge coat anyway) he was remarkably calm. I sat in the grooms bit at the back while they drove up and down the lane for a few mins and he was fine. They decided to carry on and i said i would follow. we went about another mile and they stopped to check him, he was fine until the opened the back door and he saw daylight and an escape route and so did it again. If they hadn't of stopped i really don't think he would have done it, but seeing as he had it was too dangerous to continue so....... after a few phone calls to find a trailer came to a dead end she and her very unhelpful friend left me and the pony on the side of the road 4 miles from home. Her parting words were if i decide i don't want him can i have my money back. It took me 3 hours to walk him home, after trying to cut accross the fields to keep of the very dangerous main road and getting stuck as it was all fenced off i was left with no option but to go back to road and beg a trailer from a nearby yard. A lovely lady gave us some hay and tried to calm us down while he waited for the trailer, he loaded again with no problem but obviously flipped when i left him. He spent the 3 mile journey running around the trailer but we made it, i felt sick all the way with all the bangin but we really had no choice, we made it back and he thankfully had no more injuries. me and pony can bearly walk today as the fields were ploughed clay, he has cuts on his face and legs, but it's the mental scares i don't know about yet. I haven't spoken to the lady yet as i couldn't face it last night but i don't know what to do; let her try again with a trailer? Give her mony back even though she has mentally and physically damaged him? You would take a care back if it got round the corner and broke down, if i was going to be like her it should have been me leaving her at the side of road after all he was bought and paid for so technally not mine anymore (but i'm not liek that). Any thoughts welcome
 
Oh, I'd giver her money back. Why would you want the pony to go to such an incompetent home.

And in the meantime work on the travelling.
 
She left you to make your own way back with an upset pony? She can b***er off. If she can do that then chances are you would have problems after sale. Appreciate she may have felt it was too dangerous to carry on but she should have asked what you wanted to do. At the very least she could have waited till you found a friend to collect you. Flipping dangerous leaving you to take an upset pony home like that.
 
Thank god he's not in their hands but I'm scratching my head as to why you were left with her pony? Surely she should have been left with her property on the side of the road?
I don't know legally how you stand but you haven't been returned the pony in the same condition as you sold it. You can't rake a jumper back with a few holes in it! Take pictures! And did out a picture o whT he did look like for proof. Also videos of how stiff he is today.
 
You're right i know, i don't want him to go to an bad home. She text me last night but seemed more interesting in making excuses as to why she didn't feel we should try again but that wasn't my issue i no intention of letting them put him back in that death trap on wheels but doesn't excuse the fact she handled the situation very very badly. I think she is inexperienced, i realise this now and think she took direction from her friend. On a selfish note i am concerned i have been left with damaged goods. Do i give her all her money back or just some in compensation to me, she has mentally and physically damaged the poor little man, caused me my friend and my family huge inconvenice, put mine and my pony life in danger really. unbelievable situation, i still can't really take it all in.
 
I would also give the money back, I would not want my pony going to someone who thought it was ok to leave it on the side of the road! If part payment was a deposit I think you have a case not to return that. He's 5 in my book that's a baby and you said he hadn't travelled she should have expected problems. I hope he isn't too scared by his experience.
And I would say the same work on the travelling if you can.
 
Give her some of the money back but keep a proportion for the damage done to the pony and the inconvenience and trauma.
 
On a selfish note i am concerned i have been left with damaged goods.
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I doubt it. Horses and ponies are pretty resilient. And providing you re-introduce traveling properly, you should have no problems.

Just give her a buzz today and tell her that you would like to return her money to her and keep the pony, and could you make an arrangement to do this.

You're both adults, this is business - and no place for txts........
 
Paris1 said:
Thank god he's not in their hands but I'm scratching my head as to why you were left with her pony? Surely she should have been left with her property on the side of the road?
I don't know legally how you stand but you haven't been returned the pony in the same condition as you sold it. You can't rake a jumper back with a few holes in it! Take pictures! And did out a picture o whT he did look like for proof. Also videos of how stiff he is today.
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I did wonder whether to go down these lines as everyone i have spoken to at home says he was bought and paid for therefore her responsibility and i should never have taken him back, but what could i do, too bloody nice for mine own good i swear! but part of me just wants it all over with. On a calos note even if i want to sell him stright away again his face is covered in grazes! I don't have my own transport anymore to get him used to trailers again
 
You did the silly thing business wise but the right thing by the pony. I can't believe she left him at the side of the road. What a *****
 
Legally she now owns the pony, but to leave you with her pony in such a situation is very unfair and if this matter went to court i'm sure her actions would be taken into account. (Unless you had verbally agreed there and then to accept the pony back and refund at some point)
If it were my pony, and I had owned the pony a long time i would
a) call her and explain the pony is very stiff, has suffered some minor injuries and has had enough of a fright to justify resting him a few days and not attempting to travel him again any time soon.
b) Explain your happy to take the pony back but in his current condition you will not give her a full refund as the pony was returned injured and upset. Depending on what was paid, I would offer a 50 to 75% refund. (I'm presuming he's a low value animal.)
c) If she is not happy with this, explain that you can call a vet to attend the pony and witness / confirm injuries but then she will be billed for the visit to her pony too.
If she were to insist on taking the pony as her property, I would stand my ground and insist on her taking the higher amount of refund.
You are never obliged to sell a horse to anyone, but once the transaction is completed the animal is sold. However you do have possession of a pony who was effectivley 'dumped' on you. Although she is lawfully the owner, I think in this case she has left herself open to circumstances which could reflect very badly on her should the matter get 'legal'.
I think she'd be wise to take a partial refund and leave you well alone before you chase her for damages to the poor pony!
 
To be blunt I'd tell her to do one and retain a portion of the sale price for vet fees and transport compensation..
 
I would just give her the money back and tell her to never darken my door again. I wouldn't want the stress. If you decide to keep a portion then I would take legal advice first. At the moment she owns the pony...
 
Equimo said:
Legally she now owns the pony, but to leave you with her pony in such a situation is very unfair and if this matter went to court i'm sure her actions would be taken into account. (Unless you had verbally agreed there and then to accept the pony back and refund at some point)
If it were my pony, and I had owned the pony a long time i would
a) call her and explain the pony is very stiff, has suffered some minor injuries and has had enough of a fright to justify resting him a few days and not attempting to travel him again any time soon.
b) Explain your happy to take the pony back but in his current condition you will not give her a full refund as the pony was returned injured and upset. Depending on what was paid, I would offer a 50 to 75% refund. (I'm presuming he's a low value animal.)
c) If she is not happy with this, explain that you can call a vet to attend the pony and witness / confirm injuries but then she will be billed for the visit to her pony too.
If she were to insist on taking the pony as her property, I would stand my ground and insist on her taking the higher amount of refund.
You are never obliged to sell a horse to anyone, but once the transaction is completed the animal is sold. However you do have possession of a pony who was effectivley 'dumped' on you. Although she is lawfully the owner, I think in this case she has left herself open to circumstances which could reflect very badly on her should the matter get 'legal'.
I think she'd be wise to take a partial refund and leave you well alone before you chase her for damages to the poor pony!
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I would agree with this
 
Thanks for all the replies and the support, i wanted to leave it for a day to reflect and everything to calm down. I will call her later and see what she has to say before i say anything. He will deffinatley be staying with me so we'll just have to resolve the money issue, i know i should be strong and stand my ground but i just want it over with and just be glad no one got killed.
 
TBH this sounds very unfortunate all round and if I were you I'd offer a full refund and put it down to experience.

The potential new owner took your advice about not using a stock trailer and instead bought
- a vehicle which you might not like but which is specifically sold for horse transport
- another animal to keep the one you were selling calm and
- a second person to help.

No, they weren’t perfect but neither was the pony (not through any fault of his own).

You are selling an animal that isn’t used to travelling so whoever transports it may have some difficulties unless they walk it… and you weren’t too happy about doing that yourself.

Hopefully any injuries will be superficial.

Work on the travelling (there are ppl on here who’ve tried various ‘mock-up’ loading situations when they don’t have access to vehicle for practice, have a search) and don’t worry too much.
 
Well as she has left you with the pony (and, I presume, his passport) you are in the position of power. I'd give her a refund of the price she paid, less the cost of hiring a vehicle to get the pony back home and the cost of your time to take him. If she doesn't like that idea, she can take you to court for the remaining amount. I doubt very much that she would win.
Then I'd advertise him again with the info that he is not used to travelling included.

ETA, I'd knock a bit more off the refund to reflect the medical care needed for the pony.
 
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