Advise needed and some pointers!

Kimperkins500

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I imported a horse from Spain last year, it’s been a rocky road, hefty vets bills, accidents and now the whole hog and a trip to Newmarket for diagnostics.

I bought her unseen, however she was from an agent and I have in writing from a fully qualified vet that all vet checks were complete and ALL horses have to pass behavioural tests under Saddle and on the ground. If they don’t then they are not sold; or shouldn’t be, or at least have a mention of said problem.
I was sold a horse who was supposed to be good to d, basic ridden but safe. I was fine with that I was after a bit of work, just not the near damn impossible problem of not being able to ride her at all!
I have had every trainer, specialists etc you name it, thousands has been poured into her before I admitted defeat and said I have got to throw it all at her and find out why she is a massive hot head under saddle - not just typical hot and mare like, eventually becoming evident it is pain.
I did what every horse owner does and sent her for a scope for ulcers to slowly tick everything off the check list.
Clean as a whistle
Legs, stifles hocks etc clean on X-rays.
Back …

joe despite having regular physio and massages, brand new saddle refitted twice in a year, she never really showed any signs of pain. The X-rays have effectively shown bone head missing for a vertebrae; an old injury, but one that means, especially now treatment wouldn’t work, and it’s right by her withers so will of course be painful for her.
I contacted the agent in Spain, and I had previously spoken to them within a couple of weeks of owning her to question this behaviour and was reassured she was fine and that it was just because of the journey and new country. Fair. I have her more time to settle.

I’ve contacted her breeder, who has advised me she has been “difficult” her whole life, and she had an accidental foal very young and was then broken late so has had limited education. Her breeder explained this, and then I found the next owner of her and she told me the same.
So, this leads me on to the fact the agent I purchased her from would have known about this, there’s no way she would have passed behavioural exams. Never. The previous owners have said this and I have it in writing.

my theory as is the vets, she was mounted by an experience stallion (we know he was 2ish) and it was probably all very messy and probably just too much! I think he’s crashed down on her back and done the damage. The breeder probably had no clue felt no need to investigate because she wasn’t broken before her goal so always assumed she was “difficult”. They are an internationally renowned breeder and they wouldn’t sell a mare unless she wasn’t fit for purpose and had a good temperament.

she was sold fit for purpose.
I love her, I’ll do all I can and she’s not going anywhere.
But I want some justice here? Surely?
Has anyone got experience or know who to go to to bring a legal case against an agent abroad etc. at the very least I want money for what I paid for her back. I’ve paid over double in vets fees alone!!
 

bonny

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I imported a horse from Spain last year, it’s been a rocky road, hefty vets bills, accidents and now the whole hog and a trip to Newmarket for diagnostics.

I bought her unseen, however she was from an agent and I have in writing from a fully qualified vet that all vet checks were complete and ALL horses have to pass behavioural tests under Saddle and on the ground. If they don’t then they are not sold; or shouldn’t be, or at least have a mention of said problem.
I was sold a horse who was supposed to be good to d, basic ridden but safe. I was fine with that I was after a bit of work, just not the near damn impossible problem of not being able to ride her at all!
I have had every trainer, specialists etc you name it, thousands has been poured into her before I admitted defeat and said I have got to throw it all at her and find out why she is a massive hot head under saddle - not just typical hot and mare like, eventually becoming evident it is pain.
I did what every horse owner does and sent her for a scope for ulcers to slowly tick everything off the check list.
Clean as a whistle
Legs, stifles hocks etc clean on X-rays.
Back …

joe despite having regular physio and massages, brand new saddle refitted twice in a year, she never really showed any signs of pain. The X-rays have effectively shown bone head missing for a vertebrae; an old injury, but one that means, especially now treatment wouldn’t work, and it’s right by her withers so will of course be painful for her.
I contacted the agent in Spain, and I had previously spoken to them within a couple of weeks of owning her to question this behaviour and was reassured she was fine and that it was just because of the journey and new country. Fair. I have her more time to settle.

I’ve contacted her breeder, who has advised me she has been “difficult” her whole life, and she had an accidental foal very young and was then broken late so has had limited education. Her breeder explained this, and then I found the next owner of her and she told me the same.
So, this leads me on to the fact the agent I purchased her from would have known about this, there’s no way she would have passed behavioural exams. Never. The previous owners have said this and I have it in writing.

my theory as is the vets, she was mounted by an experience stallion (we know he was 2ish) and it was probably all very messy and probably just too much! I think he’s crashed down on her back and done the damage. The breeder probably had no clue felt no need to investigate because she wasn’t broken before her goal so always assumed she was “difficult”. They are an internationally renowned breeder and they wouldn’t sell a mare unless she wasn’t fit for purpose and had a good temperament.

she was sold fit for purpose.
I love her, I’ll do all I can and she’s not going anywhere.
But I want some justice here? Surely?
Has anyone got experience or know who to go to to bring a legal case against an agent abroad etc. at the very least I want money for what I paid for her back. I’ve paid over double in vets fees alone!!
Unless it’s a lot of money you are losing I wouldn’t even try. If you really want to I think you need a solicitor before going any further.
 

ycbm

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Unless you have bottomless pockets I think this is a non starter. For a start you will need to contact a solicitor who is familiar with Spanish law. Agency sales in the UK are not subject to the Sale of Goods Act. I'm sorry, but I think you need to write off the money, and it sounds like also the horse. She is lucky you cared enough to find out what was wrong.
.
 

Kimperkins500

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I guess for us it’s more principle. But that said I have been recommended a good equine solicitor from someone who had a similar situation in Spain too, so, it’s worth a shot.
 

Cortez

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I think you’re on a hiding to nowhere. You’ve got no proof of what happened before purchase and it’s another country. I’d write it off to experience.
 

Lois Lame

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I can see why you want to sue the agent, Kimperkins, and I wish you every success. But I agree with the others about your chances of getting any money from this crook.
 

Barlow

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I’m another one who doesn’t think you will get anywhere going after agent. However you might want to try using social media to share your experience, I’m pretty sure the Spanish horse community is a small one and from memory there’s even a Facebook page dedicated to people sharing their experiences of importing horses from Spain.
 

PinkvSantaboots

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To me your post is very full on so I am thinking maybe the horse thought like that.

Think of it your a horse you get transported for hours to a strange country with unknown people, different climate different language it's a massive change.

You have had her checked out and had the all clear with a vet.

I would just turn her out let her be a horse for a while and chill, I have had experience with Spanish horses I also own arabs they can be quite similar, they are highly intelligent and they don't like change some people get on with them some don't.

Alot of horses go through trauma of some sort some heal some don't but you don't really know what has happened to her, I think just give it time and see how it goes but at the moment it's all just what you think has happened.
 
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SEL

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To me your post is very full on so I am thinking maybe the horse thought like that.

Think of it your a horse you get transported for hours to a strange country with unknown people, different climate different language it's a massive change.

You have had her checked out and had the all clear with a vet.

I would just turn her out let her be a horse for a while and chill, I have had experience with Spanish horses I also own arabs they can be quite similar, they are highly intelligent and they don't like change some people get on with them some don't.

Alot of horses go through trauma of some sort some heal some don't but you don't really know what has happened to her, I think just give it time and see how it goes but at the moment it's all just what you think has happened.
She hasn't had the all clear though has she? Sounds like there's no comeback from that damaged vertebrae if I've read the OPs post correctly
 

Trouper

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I can't advise you on the legalities - you definitely need a solicitor for that. However, you say she is staying with you so can I strongly recommend you contact Tom Beech (The Osteopathic Vet) who can often find things other vets have not. Have a look at his FB page for the sort of cases he treats and the success he has. In the scheme of costs you seem to have spent already his fees are very reasonable - especially if you can get to one of his clinics in your area.
 
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