Bought a lame pony - what would you do?

[primrose123]

What shall I do??
I bought a pony (5 stage vetted) for my daughter in July this year as suitable for a nervous rider who doesn't buck, bolt rear etc (have written confirmation of this). The pony bucked my daughter off in her first official lesson about 9 days after purchase (I have video footage). Daughter's trainer said he didn't look happy and I should send him back. I thought I would give him the benefit of the doubt (trusted the dealer as she is known by so many people I know!).
To add - the dealer is acting on behalf of a private seller, although she has signed the sales receipt, I paid money direct to the private seller.
Anyway, after much stress and having another highly experienced trainer, and a physio, and my vet tell me that he is uncomfortable somewhere, I had him x-rayed yesterday which was inconclusive and needs further investigation.
I am having the vetting blood tested now (also - the previous owners are not allowing access to his vet records!).
Should I just try and return the pony who daughter loves but is being very grown up about the situation. Or spend more money diagnosing him..and treating him if this turns out to be an option.
I have already accessed a solicitor but have not yet instructed to proceed.
What would you do in this situation?

 

[Barton Bounty]

If they are refusing access to records, there is something being hidden

 

[Michen]

Sorry you are in this position. I wouldn't muck around and I'd immediately send a letter before action and see if that spurs some response. Filing a small claim is not expensive and fairly easy.

Time is important so start these things and keep a record of all costs incurred since having the pony, remind them you will be sueing for those too.

This is assuming the sellers are being totally un coperative btw, which it sounds like they are.

 

[meleeka]

Time isn’t on your side. I’d push for returning the horse if it were me. I hope you reported the first incident to the seller? There seems to be a big gap between realising there’s a problem and getting x-rays?

 

[SEL]

I'd push to send back too.

You might not get anywhere because there's a sizeable time delay but it's worth a shot.

 

[AmyMay]

Sorry you are in this position. I wouldn't muck around and I'd immediately send a letter before action and see if that spurs some response. Filing a small claim is not expensive and fairly easy.

Time is important so start these things and keep a record of all costs incurred since having the pony, remind them you will be sueing for those too.

This is assuming the sellers are being totally un coperative btw, which it sounds like they are.

What Michen said.

 

[expanding_horizon]

I think technically this is a private sale, as paid directly. So have less right then if buying through a dealer. And July was 3.5 months ago. Did you contact the seller with concerns 9 days into purchase when your daughter was bucked off. I am not sure you have good grounds for legal action in this case.

 

[Landcruiser]

There's no obligation to hand over previous veterinary records. They may well be "hiding something" by not handing them over, but I fear it may be "buyer beware" in this case. So much time has passed that you may be too late for any recompense - if you can return the pony I'd do it ASAP, but I'm not very hopeful for you I'm afraid.

 

[stormox]

I think the pony should have been returned as soon as the behaviour problem was found, ie after 9 days ownership.
Do you actually have proof the pony is lame (as in your title), or is it just opinion because he is 'uncomfortable looking"?

 

[primrose123]

I had a vet come out for a work up yesterday and he took x-rays of hocks, stifles and back too after observing him on the straight and lunge. He said he was lame on 3 legs.

 

[primrose123]

I think technically this is a private sale, as paid directly. So have less right then if buying through a dealer. And July was 3.5 months ago. Did you contact the seller with concerns 9 days into purchase when your daughter was bucked off. I am not sure you have good grounds for legal action in this case.

yes I message and asked if he had done anything like this before and was told no.

 

[primrose123]

Time isn’t on your side. I’d push for returning the horse if it were me. I hope you reported the first incident to the seller? There seems to be a big gap between realising there’s a problem and getting x-rays?

It takes a while to exhaust other avenues - I had saddle fitter to fit new saddles, dentist and Physio before x-raying.

 

[primrose123]

I think the pony should have been returned as soon as the behaviour problem was found, ie after 9 days ownership.
Do you actually have proof the pony is lame (as in your title), or is it just opinion because he is 'uncomfortable looking"?

just replied below (sorry - new to this!)

 

[AmyMay]

Well regardless of what the timeframe is and whether the pony would be classed as a private sale, or a sale through a dealer. Do as Michen advised.

 

[IrishMilo]

I think you'll struggle 3 months on unless you can prove he was missold under the Sale of Goods Act.

I had a vet come out for a work up yesterday and he took x-rays of hocks, stifles and back too after observing him on the straight and lunge. He said he was lame on 3 legs.

Were the X rays clean?

 

[Flyermc]

Write a timeline of events, including any evidance that you have (emails, texts, photo's, videos and even phone records)
Keep a copy (if you can get it) of the original advert
if they will, get statements from any professionals
Did the tack come with the pony (was it the same tack that you tried the pony in?)
Do lots of google searching and if you can look at the passport and contact old owners.

Other questions - did you try the pony before you purchased and could the pony have got injured within the 9 days?

 

[primrose123]

I think you'll struggle 3 months on unless you can prove he was missold under the Sale of Goods Act.



Were the X rays clean?

Yes, they were very clean. Vet has told me to commence hard lunging everyday to try and reveal where the soreness is coming from to try and diagnose problem.

 

[Rowreach]

I had a vet come out for a work up yesterday and he took x-rays of hocks, stifles and back too after observing him on the straight and lunge. He said he was lame on 3 legs.

And what reason did the vet give for the pony being lame on three legs?

 

[primrose123]

Write a timeline of events, including any evidance that you have (emails, texts, photo's, videos and even phone records)
Keep a copy (if you can get it) of the original advert
if they will, get statements from any professionals
Did the tack come with the pony (was it the same tack that you tried the pony in?)
Do lots of google searching and if you can look at the passport and contact old owners.

Other questions - did you try the pony before you purchased and could the pony have got injured within the 9 days?

I've got all the adverts, written conversations with the agent. Original saddle (same as when we viewed the pony), this is the saddle she was bucked off in (recorded on video), I then had a new saddle fitted and she was bucked off in this too.
Contacted previous trainers, and livery owner but nothing negative revealed apart from the livery owner saying that they were 'very particular about saddles'.
Tried the pony before purchase in a school and out hacking and he was so well behaved. It was an incredibly windy day and he was rock solid about everything, calm not spooky. Very easy going.
The day we brought him home, she rode in our arena and again it was horrendous wind and he couldn't care less - he now spooks in the arena and dashes off with a buck!
Pony did not have any injuries, he is field kept in his own paddock and is quite a laid back character. Very nice to handle actually.

 

[Parrotperson]

presume pony passed 5 stage vetting? So they will simply say something happened in the 9 days before he bucked the child off. I think it's going to be hard but do as Michen says. and get legal advice.

 

[primrose123]

And what reason did the vet give for the pony being lame on three legs?

After watching him trot up on various surfaces, and lunge on two different surfaces, he could see that the pony was sore on both hind limbs and one forelimb on the lunge.

 

[primrose123]

presume pony passed 5 stage vetting? So they will simply say something happened in the 9 days before he bucked the child off. I think it's going to be hard but do as Michen says. and get legal advice.

Yes he passed. I have just started the ball rolling for getting the blood tested.

 

[Rowreach]

After watching him trot up on various surfaces, and lunge on two different surfaces, he could see that the pony was sore on both hind limbs and one forelimb on the lunge.

Yes but why? If the xrays are clear, he must have a theory.
Ets if there's nothing showing on xray (was the pony scanned at all?) then it will be pretty difficult to claim a pre-existing condition.

 

[primrose123]

Sorry you are in this position. I wouldn't muck around and I'd immediately send a letter before action and see if that spurs some response. Filing a small claim is not expensive and fairly easy.

Time is important so start these things and keep a record of all costs incurred since having the pony, remind them you will be sueing for those too.

This is assuming the sellers are being totally un coperative btw, which it sounds like they are.

Would you mind helping me word a message to the seller which I will send tonight?

 

[sarcasm_queen]

If he passed his 5 stage, and x rays were clear then, then it does sound as if something has happened since you brought him home.

 

[nagblagger]

What was the livery set up before? Is he used to a big field and herd. Just thinking of other reasons. The good old stress ulcers..??

 

[maya2008]

It is entirely possible that something happened in the change of home (a hooley in the field, an argument with another horse etc) that exacerbated something that had healed previously (hence the denial with vet records) or created something new. If the horse passed a 5 stage vetting, then it was sound then. If bloods are clear, then nothing was being masked. Provided those two criteria are met, then this is your problem unfortunately. You can't expect a seller to take back a horse who has hurt itself in your ownership. That is exactly why I won't loan or lwvtb.

 

[ycbm]

If the x rays are clear and the blood tests clean then I think you are going to need to chalk this one up to bad luck In afraid. For me, this all hinges around that blood.
.

 

[primrose123]

If he passed his 5 stage, and x rays were clear then, then it does sound as if something has happened since you brought him home.

Vet has since viewed video footage of the vetting and us trying him before purchase and says something is noticeable in a forelimb and suggests we continue investigating.

 

[primrose123]

It is entirely possible that something happened in the change of home (a hooley in the field, an argument with another horse etc) that exacerbated something that had healed previously (hence the denial with vet records) or created something new. If the horse passed a 5 stage vetting, then it was sound then. If bloods are clear, then nothing was being masked. Provided those two criteria are met, then this is your problem unfortunately. You can't expect a seller to take back a horse who has hurt itself in your ownership. That is exactly why I won't loan or lwvtb.

He’s so chilled and in a field on his own i doubt anything has happened when turned out (no damage to field or loony running around marks!)