buying horses- deposit

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ribena73

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I am currently looking for a horse for myself and have viewed a few, the most suitable of which was a very sweet 16.2 tb mare. I put down a deposit of £100, and requested a vetting. The owner agreed that the sale was subject to a satisfactory vetting and said that he would not cash the deposit cheque and return it if she failed the vetting or if i went ahead with the purchase. Unfortunately the mare failed the vetting on a number of issues and so I contacted the owner (who was not present at the vetting) and informed him that it was unlikely that I would be going ahead with the purchase. He said he would return the deposit cheque to me. On checking my bank balance the next day I noticed that he had in fact cashed the cheque the day before the vetting, and I am yet the receive any refund in the post.

I am therefore wondering if I have any way of getting this deposit refunded or should I just put it down to a lesson learnt?
 
As he said he wouldnt cash the cheque until the mare had passed the vetting then i really wouldnt back down so easily! He was in the wrong cashing that cheque! Have you asked him again about the refund and questioned him about the cheque being cashed?

I know that sometimes like with the ones im buying out of herd then it is a non refundable deposit but as he has stated he wouldnt cash the cheque then if i was you i would hound him for your money back!
 
I had the exact same thing happen a few years ago. I even had a recept signed by the woman.

Tried all manner of routes but to no avail.

From now on I never leave a deposit!! I know its not much help now though!!
 
It was a private home, but it was a verbal agreement (although I had my friend there who could also act as a witness). I have asked him again about the cheque, he said his wife cashed it by mistake with a bundle of other cheques, and that he had posted one to me, which I should have received yesterday. But, still nothing in the post. Thinking about it, I'm not even sure he knows my surname (unless he took it off the cheque before he cashed it, but I doubt that given that he was allegedly unaware that it had been cashed).

I will get my husband to ring I think, plus we know where he lives so I might head up there with a big built friend of mine (the seller was very small!) and demand the cash. It's such a shame as he seemed like a really nice guy, but I guess you shouldn't judge a book etc.

If all else fails, do I have any legal comeback, eg small claims court?
 
What sort of timeframe are you talking here, days or weeks.

If days then give the benefit of the doubt, royal mail can be exceedingly crap.

give him another call and if in a week nothing shows up then tell him you will be on his doorstep the next day for cash
 
Maybe wait and see if you receive it over weekend or monday. I know post can be quite slow but most things i post are received next day. Depends whether he posted first or second last. See what happens over weekend and monday, if havent received it with post on monday then i would go and ask for the money.
 
HIs story may be true. I would ring him and say that you hadn't receievd the cheque yet. Confirm with him your name and address and then agree a date to wait until (say Monday) and if not received tell him you will ring him back so he can cancel that cheque and that as you are passing you will pick either cheque or cash up.

If this doesn't work then he has robbed you & I would send up your beefy friend!
 
The same thing happened to me with a shetland pony a few months back...I fell for all the crap of 'I've got loads of other people who want to come and see him' and so left a £50 deposit subject to vetting. The pony failed the vetting miserably with my vet adding 25 years on the age advertised and it being laminetic. When I rang the woman to say I wouldn't be going ahead with the sale and asked for my money back she told me that she wasn't going to give it to me because she didn't believe my vet!!! I was SO angry and told her to keep the money if it meant so much to her. I just hope that karma repays her. Come to think of it, I'm fuming typing this! Bought it all back!!
 
I had all that "loads of people wanting to see her" crap too... and he didn;t believe the vet! Don't think its the same seller do you LOL! Know exactly how you feel though as I am fuming at the moment. Some people are just unscrupulous and I think I expect everyone to be nice and honest like me!
The sad thing is that I've not seen any horses as nice as that one, I just wish she'd got through the vetting OK and then I wouldn't have any of this!
 
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