anyone taken a dealer to court and won?

Are we talking small claims court? Friend took woman who sold him a horse to court, who wasn't exactly a dealer, but nearly was, if you understand my meaning! He had reports from various people on the horses unrideability, it had been vetted, and tried extensivly, and buried him into a wall when having a saddle fitted at home. The horse was gone over from top to bottom by vets, his vets had vetted it, but it was one of their newest recruits so they went over it with a fine tooth comb, nothing wrong.
The first time the woman didn't turn up, then she did, and tried to get funny. The judge adjourned and asked my friend if he would like to resubmit, to include damages, vets fees, livery etc. A few days later he had a letter from the other sides solictor asking if he would settle oon the original basis. He took the money, and delivered her back the horse, even though she was supposed to collect it because he couldn't wait to be rid of it.
I think he found it quite stressful, but he is that sort of person, but worthwhile.
 
theres a lady on here (cant think of her name at mo) who also set up a fb page about peoples experiences with dodgy dealers. Am sure she'd have loads of input for you and or put you in contact with people who have.
 
I knew someone who went through small claims and one thing they said they wished they had known before starting was to really rip out all the specific equine terminology. It might be every day language to us but to a judge without a horsey background, the words are wasted. She fared a great deal better when she changed her words to phrases such as "unfit for purpose" as opposed to "horse will never make it to advanced medium dressage". So look at the advert, change it into plain english and how it failed and you will have a much better chance of success. Also be aware that said dealer may say, but we offered a free change of horse - to the judge that would appear reasonable, but if you said I bought a horse that could do x and they had nothing that could meet this requirement, therefore that offer is null and void..hope you see where I am trying to get to!
 
Luci07 said:
I knew someone who went through small claims and one thing they said they wished they had known before starting was to really rip out all the specific equine terminology. It might be every day language to us but to a judge without a horsey background, the words are wasted. She fared a great deal better when she changed her words to phrases such as "unfit for purpose" as opposed to "horse will never make it to advanced medium dressage". So look at the advert, change it into plain english and how it failed and you will have a much better chance of success. Also be aware that said dealer may say, but we offered a free change of horse - to the judge that would appear reasonable, but if you said I bought a horse that could do x and they had nothing that could meet this requirement, therefore that offer is null and void..hope you see where I am trying to get to!
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thanks luci
i will bear the terminology in mind, though have been using the officail trading standards language.
a swap was asked for and refused and other things have been tried to settle it before it went this far. I think the dealer thinks either it wont go that far or that they will win:mad:
 
Bear in mind also, that even if you do win and get your money back, the defendant may easily get away with something ridiculous like paying you £1 a week.

Good luck, many dealers get away with murder because people can't be doing with going thought the hassle of court action.
 
If it is going to cost you much money (including lost work days etc) I would think hard about if it is worth it. Not a horsey experience but we had to take a car dealer to court over a car that was not as described. We did win but getting our money back was a complete nightmare and ended up going to the high court and despite them sending their bayliffs it took years and I imagine there are many cases when the money is never returned as there are so many ways out of paying. Sorry, probably not what you want to hear.
 
Sprig said:
If it is going to cost you much money (including lost work days etc) I would think hard about if it is worth it. Not a horsey experience but we had to take a car dealer to court over a car that was not as described. We did win but getting our money back was a complete nightmare and ended up going to the high court and despite them sending their bayliffs it took years and I imagine there are many cases when the money is never returned as there are so many ways out of paying. Sorry, probably not what you want to hear.
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Yep, had a similar experience with a Horsebox.
 
Slightly Foxed said:
Bear in mind also, that even if you do win and get your money back, the defendant may easily get away with something ridiculous like paying you £1 a week.

Good luck, many dealers get away with murder because people can't be doing with going thought the hassle of court action.
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i was half expecting that this may happen but I have been told there are specialist bailifs who will take horses for payment, dealer has quite a few. this dealer is buying horses for about £500 and selling them for nearly £4k! would be difficult to say they have no money.
I can understand the hassle side of it and I think this is why many people havent done this already. there is also a lot of rubbish thrown at you, this has just made me more determined:D
 
Sprig said:
If it is going to cost you much money (including lost work days etc) I would think hard about if it is worth it. Not a horsey experience but we had to take a car dealer to court over a car that was not as described. We did win but getting our money back was a complete nightmare and ended up going to the high court and despite them sending their bayliffs it took years and I imagine there are many cases when the money is never returned as there are so many ways out of paying. Sorry, probably not what you want to hear.
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I agree and initailly decided not to take it that far (would lose more money than gain) but horse is worth nothing and I'm not sure I could even sell it and dealer has openly bad mouthed me (cant say how as dont want to risk a thread pull!)so I am now determined to take it all the way. thankfully I am my own boss so work days lost is not a problem. I have a good team who can cope without me when I need them too.
I feel a lot if peope have been caught out and some of us need to try to take it all the way.

thanks for the pm's from people so far as well :)
 
Not horsey but uninsured bloke who damaged our car, simple (ish) court case but he could only 'afford' £1 a week to pay us for the damage. We had about 5 weeks payments then he disappeared and TBH we didn't follow it up, given how long it would have taken us to be paid.
 
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