Bought a lame pony - what would you do?

VRIN

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Did you ask the previous owner if you could view the vet record? You seem to suggest that you went straight to the previous vet? If you didn't ask the previous owner first they may well have said no for no other reason than they thought it was discourteous that you didn't approach them first - is its possibly not a red flag..... just a thought....
 

Bernster

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Why should the previous owners release the vet records though? They could be genuine but worried you’re going to look for evidence to use against them (even if it’s not justified), so it seems like a hassle that’s just not worth their time. I get the ’but they’ve got nothing to hide, so they should’ but, without anything to hide, why should they?
 

Ample Prosecco

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@Red-1 totally agree. I would (and did) happily facilitate access to records to genuine buyers pre sale for both Dolly and Jenny. But there’s no way I’d engage months down the line when it’s obvious the new owners are going down the mis-selling route.

It must be horrible to feel that a pony has been missold but any horse can change in a new home or develop a physical issue at any time. Or indeed have been sold with a subtle problem no one knew anything about.

Lottie went lame within 3 weeks with an SI injury. Was that pre- existing? Maybe. Did sellers know? Who knows. But in any case , I prefer to assume not and just take responsibility myself for managing it. They are living beings not robots. They don’t come with warranties!
 

ycbm

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I wouldn't engage at this stage either, far too late. And not knowing what the seller might have said on my behalf, it's far too risky. If, for example, the horse had a cough from a mild infection resolved with a course of antibiotics two years earlier and I didn't bother to tell the agent about it (why would I?) and the agent said the horse had no wind issues, then I could potentially face a demand for a now lame pony to be returned when the cough has nothing to do with the current lameness.

One of many completely innocent scenarios you can imagine.
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Melody Grey

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Haven’t read all the replies, so may have been mentioned already….presumably the horse has been seen/ trimmed/ shod by a different farrier in the 3.5 months you’ve had it. A different farriery approach could explain soreness and discomfort though not a ‘specific’ lameness? ….I appreciate there will be other factors though!

My point being, a lot can change for a horse in 3.5 months after a change in ownership and move.
 

primrose123

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Hi all, I need to pick your brains again. …
so the lameness investigation is on going still (my poor bank account!). We have found the cause of the lameness which vet says is a long term thing and not caused by an injury, affecting both hinds. He doesn’t think it is the only area of concern however! My bank account is getting really scared at this prospect!!!!
How can this pony have passed a vetting?
I don’t think my vet is too keen on standing by me if I make a claim against the vetting practice…I guess they’d have to if I went ahead!?
I still don’t have the previous vet records to check whether pony had received treatment in the same areas before.
I’ve spoken to the previous farrier and a couple of trainers which doesn’t reveal a great deal - I think they might all be friends of the family?!
I could start the ball rolling and instruct a solicitor to get a court injunction to get the history but then if it doesn’t give any clues I’m back to square one - with a hungry solicitor wanting results?!
I just want a happy pony and happy child, but can’t help feeling that I was duped into paying a lot of money for an animal that is not worth much money at all…which makes me want to try and get my money back and for heads to roll!!!!
Would you just leave it and deal with the broken ‘goods’ you’ve bought which might mean not being able to do the things your child wanted to do with it. I can’t sell pony on in its current state - as I am an honest person! So that means no pony for child. Child grows up having missed out and I feel like a doofus waste of parenting space..with less money in my bank account!
Or shall instruct the legal person?
 

bonny

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Hi all, I need to pick your brains again. …
so the lameness investigation is on going still (my poor bank account!). We have found the cause of the lameness which vet says is a long term thing and not caused by an injury, affecting both hinds. He doesn’t think it is the only area of concern however! My bank account is getting really scared at this prospect!!!!
How can this pony have passed a vetting?
I don’t think my vet is too keen on standing by me if I make a claim against the vetting practice…I guess they’d have to if I went ahead!?
I still don’t have the previous vet records to check whether pony had received treatment in the same areas before.
I’ve spoken to the previous farrier and a couple of trainers which doesn’t reveal a great deal - I think they might all be friends of the family?!
I could start the ball rolling and instruct a solicitor to get a court injunction to get the history but then if it doesn’t give any clues I’m back to square one - with a hungry solicitor wanting results?!
I just want a happy pony and happy child, but can’t help feeling that I was duped into paying a lot of money for an animal that is not worth much money at all…which makes me want to try and get my money back and for heads to roll!!!!
Would you just leave it and deal with the broken ‘goods’ you’ve bought which might mean not being able to do the things your child wanted to do with it. I can’t sell pony on in its current state - as I am an honest person! So that means no pony for child. Child grows up having missed out and I feel like a doofus waste of parenting space..with less money in my bank account!
Or shall instruct the legal person?
Sadly for you and your bank account I doubt you will get anywhere going after the original vet or the sellers, too much time has passed. I wouldn’t spend any more money going down any other road other than trying to fix the pony or depending on what’s wrong give the pony six months off and see where you are at the end of that.
 

CobsaGooden

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Were the blood results clear?
What is your vet thinking could be the cause of the lameness?

I have read your full thread and you are quite sketchy with lots of details which could be important. You have lots of excellent advice on here but I really think you are going to struggle with this one.

How old is the pony and what was its workload before? Ridden by adults or children?
 

nikicb

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I do not know how old the pony is or what it was purchased for, but seen as it passed the vet at sale, I would try and claim LOU from your insurers. May be less hassle.

Just to let you know @primrose123 , you would only be able to do this if you have loss of use cover in your insurance policy. Is the pony insured at all? You have mentioned it causing quite a dent in your bank balance, so I am wondering what cover you have, if any.
 

ycbm

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I don’t think my vet is too keen on standing by me if I make a claim against the vetting practice…I guess they’d have to if I went ahead!?

Absolutely not. You cannot force your vet to provide you with evidence of malpractice by another vet if it is a matter of opinion. You would need to find a vet who will say in court that the condition was definitely pre existing. And you would also need the seller not to be able to find a vet who would say that the condition could have come on since sale, which seems unlikely since a vet gave a good report on pre purchase vetting.

If the bloods are clear, then I'm afraid, as I said pages back, that you will need to chalk this one up to experience. .
 

Goldenstar

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Test the bloods, if they flag something instruct a solicitor.
If they don’t treat the pony on your insurance, keep your fingers crossed and chalk it up to bad luck.

Most of us have bought a dud at some time in our lives!
Yes I agree with this .
A vetting is what it is , the best shot you get at finding things before you buy but it has its limits .
If he was not medicated for sale I think I would chalk this one up to rotten luck.

I have bought duds it happens .

Change of home equals change , of management, of rider ,of work ,of turnout, of stable, of farrier so many little things go towards tipping a horse carrying and hiding an issue over the edge .
 

maya2008

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I don’t think there is any chance at this point that you will get anything from seller or vetting vet. Concentrate on the pony. Can pony be fixed? What is the best route to take? What are the outcomes? If you can fix the pony, then you’ll get back what you bought. If it is not fixable, then you need to decide what you will subsequently do with pony.


Plenty of people accidentally end up in your situation. Everyone tries not to, but it’s life. Conditions that weren’t an issue in one home flare up through change of management or the ruckus of new horse/pony joining new herd. Even new farriers have been accidentally known to cause something that wasn’t an issue to suddenly become one.

I would say your lesson learned here is to always insure a new purchase for a year at least. You could have claimed LOU and vets fees and your bank balance would be much happier!
 

doodle

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You will have no chance of taking any action against anyone. The vet vetted the horse at that single point in time. All it says is at this time the horse is sound. It doesn't give you any idea if the horse will be sound in half an hour or the next date. It does not look to find out any reasons or diagnosis .After 3.5 months you don't have a hope. My boss bought 2 duds. Both were vetted. Both turned out to be broken. All the vets could say were along the lines of " the horse was sound at the time I vetted it". One horse after further investigations was found to have had an injury and the progression of arthritis showing the injury was pre existing. Dealer said "prove it was pre existing" and " the horse was sound when it left me so the injury happened in the 5 days from him leaving me". Even taking legal action she got no where.
 

ycbm

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To sue you also need to prove not fit for purpose. Pre existing doesn't automatically mean not fit for purpose on the day of the vetting. I'm currently riding a very happy sound horse with a worrying x ray showing significant damage incurred when he was very young. He was fit for purpose on the day I bought him and still is today, even if he might go lame with it any day.
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primrose123

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Absolutely not. You cannot force your vet to provide you with evidence of malpractice by another vet if it is a matter of opinion. You would need to find a vet who will say in court that the condition was definitely pre existing. And you would also need the seller not to be able to find a vet who would say that the condition could have come on since sale, which seems unlikely since a vet gave a good report on pre purchase vetting.

If the bloods are clear, then I'm afraid, as I said pages back, that you will need to chalk this one up to experience. .
Would it make a difference if I have lots of video of the pony a few days before the vetting - showing the same lameness that it has now?
 

ycbm

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Would it make a difference if I have lots of video of the pony a few days before the vetting - showing the same lameness that it has now?


I think that would make your case against the seller impossible as it proves you knew exactly what you were buying.

You'd need to try to sue the vetting vet and good luck with that, their Defence Society is very, very strong and has as much money as it needs to defend their members.

It's worth trying to see if the vetting vet will make you an offer, but I'd be careful how combative you are when you open that conversation with the practice manager.
.
 

Rowreach

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I'd be directing my energy towards sorting the pony out, if that's possible, because the pony isn't to blame for any of this and is clearly uncomfortable and in pain if it's lame. Or making another decision if the pony is not fixable. Then chalking the whole thing up to experience and not wasting any more time or money on trying to sue anyone because far too much of that has already gone.

I'm sure this isn't what the OP wants to hear though.
 

onemoretime

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Test the bloods, if they flag something instruct a solicitor.
If they don’t treat the pony on your insurance, keep your fingers crossed and chalk it up to bad luck.

Most of us have bought a dud at some time in our lives!

I would also get the blood run. You have to tell them which drugs you want them to look for. NSAID's for starters to hide pain. It costs around £350. If they do find contamination you can pay again a hefty sum and they will tell you the name of the drug and how much the horse has had. You should not need to do the 2nd test however if the first test proves positive. I didn't do the 2nd test as the first was positive and was sufficient. We did however take the dealer for just under 3k in costs as well as got the money for the horse back.
 

bonny

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I would also get the blood run. You have to tell them which drugs you want them to look for. NSAID's for starters to hide pain. It costs around £350. If they do find contamination you can pay again a hefty sum and they will tell you the name of the drug and how much the horse has had. You should not need to do the 2nd test however if the first test proves positive. I didn't do the 2nd test as the first was positive and was sufficient. We did however take the dealer for just under 3k in costs as well as got the money for the horse back.
The pony wasn’t vetted
 

nikicb

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