Bloody depressed - getting money out of a dealer!

[FrecklesMum]

Short summary: sucessfully sued a dealer last year who sold me a horse as a 10 yr old - microchip proved it was 15/16. All v stressfull but won my small claim.

Dealer did not pay as ordered (supirse, suprise!) and I appiled for a warrant of execution (baliff warrant) to the court (another £100) and have just got hime to find a letter saying that he is no longer at that address. However, I have just been on his website and he is still trading out of this address - WTF?!!

Just feeling really depressed, the whole system seems to be stacked against people who have done nothing wrong and pro people who just play the syatem with no morals.

Large glass of wine if you get this far - come quick before I drink it all!

 

[beckiebeckyboo]

dont tar all dealers with the same brush, we sell a few and nothing leaves the ard without a vets cert, thus your problem doesnt happen.

 

[eggs]

My cousin is a solicitor who helped me when I took someone to small claims court for non payment. She warned me beforehand that even if I won (which I did) that getting the money (I didn't) was a whole different issue.

Did the age discrepancy not get picked up at vetting?

 

[Cop-Pop]

YO sued someone last year - the baliffs went round to collect or whatever they do and asked for Mrs X, the woman used her maiden name and said Mrs X doesn't live here anymore!! YO is still waiting for her money...

 

[FrecklesMum]

with all due respect Monkeynuts I suggest that you read the post properly. Please dont patronise me.

I am not slagging off all dealers, I am just depressed because no matter what I do I feel I am crashing against a brick wall.

The horse was 5* vetted and passed. Indeed, the vet said that the horse was 8. The vet has subsequently been struck off for another matter which is unrelated but it appears that he was not 'totally straight'.

I could not check the microchip as was told it came from Belgium not holland and the whole process took for ever and dealer confirmed in writting that the horse was 10. He would not wait the 6 weeks it took for me to check but gave me the written guarantee. As soon as I found out, I contacted him - hence I was sucessfull in court.

I just feel that the sysemt is desigened to support those who really dont care about others or do the honest thing.

 

[Pedantic]

Whole system is a pisstake

 

[Stinkywellies]

Christ what a horrible situation. I hope you get your money eventually must be sooo frustrating for you

 

[littleme]

If vet said horse was 8 then possible its likely teeth suggested horse was around the age the dealer said it was..?

which dealer was it out of interest?

 

[sillygillyhorse]

Sadly this seems to be the case, you go through the correct channels and end up further out of pocket. The people you, as the innocent party, are persuing know every dodge in the book and are quite aware how the system works and therefore how to play it.

Not a nice situation to be in.

 

[FrecklesMum]

Not going to start name and shame at this stage - don't want to jepordise anything!

I accept that prehaps that the dealer did not know (untill during the court case I saw his purchase document from the auction which put the horse at a year older than he advertised!) but once I could prove categorically that the horse was 15 not 10, he should have taken it back or given me a discount (I offered him both options).

Instead, he told me to 'f**k off* - Charming!

 

[natalia]

I think you've been reasonable in offering for him to give you a small amount back, had his advert said price reflects age or any mention of this then no, you wouldn't have a strong position.
However, he may have not been very good at ageing teeth, and some horses are very difficult to age. We have had one that on one side looks 9 and on the other looks 15+! passport said she was 10. As you had microchip to verify age and a written guarentee (although this will all depend on how this was written) then he should honor this, rather than go back on his word.

 

[Echo Bravo]

Jees no wonder you are spitting fire I would be as well. All though I'm not surprised you are having trouble getting your money back, it seems we the normal people have no rights when we have trouble the law seems to have swung towards the dodgy people. But I did buy a decent horse off a dealer last October and he's the nicest animal you could ask for.

 

[FrecklesMum]

Johnrobert - I agree that there are decent dealers out there - I got a cracker last year from a different dealer!

Its just so frustrating - He had my cash over 2 years ago and still no sight of it!

 

[Rachaelpink]

I lost £300 that a dealer knicked off me as a deposit for a horsebox and took him to court but never got the money back, the system does totally let them get away with it. We haven't paid a balif to go round as the dealer only ever rents, moves constantly and everything is in someone elses name not his. So I totally sympathise!

 

[jaye1780]

can you get hold of his bank details? Even if you have to do it in a sneaky way! Then you can do a warrant on his bank account, you will only get one chance to do it though so be aware of that. Or can you get proof he is at that address and send baliffs again?

 

[hoggedmane]

I too won a case against a dealer who has flouted the system and avoided paying. I have a dossier of the last two years adverts from her which are shortly going to the tax office - hope her paperwork is in order!

 

[hoggedmane]

Also make sure trading standards are informed.

 

[PeterNatt]

Not all is lost - Go for a Garnishing order. This means that the debtor will have to attend court and show all their income and expenditure under oath to a judge or court servent. (In most cases people don't like this as their income becomes public knowledge and the Inland Revenue can then demand they pay their unpaid tax). If it impossible to serve notice on them in person because they have moved/dissapeared to an unknown address then you can ask the judge to do it in their absence. In most cases they will pay up before it gets to court because they don't want to reveal their income. If they repeatedly fail to appear in front of the judge'court servent they can end up in prison.

 

[jendie]

Horrible situation and I do sympathise. I just wonder if the sum involved is worth the tremendous stress it is causing?

 

[mrdarcy]

This is happening to a friend of mine too - same thing. Won her case in court against this dealer (who is frequently mentioned on here!), awarded upwards of £4K. Dealer refused to pay up, bailiffs were called in, dealer came up with some excuse (hadn't got the paper work or something), reapplied to the court to get another hearing claiming she has no money.... and it goes on and on. Yet she is still selling horses and has a website full of them. Trading Standards are investigating her as my friend's case was just one of many. at the very least she is selling horses with incorrect passports - surely they should be able to prosecute but they say not enough evidence.

The law is an ass...