being taken to court.... ?

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lg4770

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My friend sold her lovely gelding a few weeks ago, anyway, the new owners are threatening to take her to court because the saddle that went with the horse didnt fit properly and the new owner has had to buy a new one.

My friend apologised and said if she sent the old saddle back she would refund her £200 as that is what she paid for the saddle and it was quite old. The new owner said no, she wants £600 to cover the cost of the new saddle and if she doesnt pay she is taking her to court ? No one at our yard can believe it, the lady saw the saddle before she took the horse and was under no obligation to buy it, she could have offered a lower price for the horse without tack. Where does she stand ????????????????????
 
I wouldn't be too worried if I were her she's been perfectly reasonable and it it buye beware. The woman will have to pay a court fee to issue a claim at the small claims court and then go through all the process - the risk of all this is far higher for her bringing the claim and is just going to cost her more money, hopefully she'll see that and is just trying it on
 
Hi, no the advert just said the price and including tack and rugs ? absolutely crazy, the horse is fine and has settled in with no problems and is being good, so no problem there, just the saddle. It was a private sale but my poor friend is very upset
 
If I were your friend I'd write to the new owners of the gelding and reiterate my offer reminding them that the saddle was included in the deal on their request and was sold to them at the agreed price of £200. Reiterate the offer to have the saddle back and refund the money. State in the letter that it was the new owners decision to buy the saddle with the horse.

This will go some way to covering your friend IF it should end up at the Small Claims Court because she can show that the new owner had full opportunity to mitigate any perceived loss - although I am sure some of the legal people on here can phrase this better.

Resist the temptation to call the new owner what she obviously is.......;)
 
If they contact your friend again

Tell her to say "This is caveat emptor, I thought the saddle fitted, you bought it as a package and it was fit for purpose. You'll loose at small claims, but please feel free to try if you want the hassle and to loose another £50"
 
CotswoldSJ said:
If they contact your friend again

Tell her to say "This is caveat emptor, I thought the saddle fitted, you bought it as a package and it was fit for purpose. You'll loose at small claims, but please feel free to try if you want the hassle and to loose another £50"
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tell-them-you'll-see-them-in-court
 
If friend sold the saddle as fitting the horse and now believes that in fact it did not fit it might be fair enough to offer the cost of getting it checked by a qualified saddler as well because new owners will have had to pay for (fitting + new saddle + likely some re-flocking too) to get anything equivalent. i.e. by buying a 'fitted' saddle with the horse they were thinking that fitting and minor adjustments had already been done so were getting something more than a random saddle of that mkt value.

Having said that I doubt they'd be able to force friend to pay the extra. Arguably they should have had it checked before they bought it. So, I'm thinking of that more as a good-will gesture if it seems appropriate.
 
some people are just so sad. And if it's not bad enough for the owner having to part with the horse in the first place. :(

There is not a leg to stand on, but the distress this has caused must be awful. Some people need shooting. sm x
 
horses change shape a lot im on new second saddle in two years for mine .That £200 was a very generous offer and really shouldnt have been put on table most people get the horse with a halter and rope these days was the saddle sold as an additional and at extra price ?I would ignore requests tbh but was very decent of seller tbh
 
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