Buying unseen and legal rights

Flora

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22 February 2013
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I bought a horse from a dealer ,unseen ( I have bought unseen before with no problems) and it has been mis sold due to a health issue which he didnt declare. I have asked for a refund and he is saying he will give me a refund in 2 to 3 weeks time. Im not convinced about that! Do i have to return the horse to start a small claims case or can I start one while I have the horse until he picks it up or should I take the horse to his yard then start claim? I am not willing to pay out anymore money on a horse that I am not keeping in the hope that he might refund in a few weeks time
 

chocolategirl

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8 June 2012
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I bought a horse from a dealer ,unseen ( I have bought unseen before with no problems) and it has been mis sold due to a health issue which he didnt declare. I have asked for a refund and he is saying he will give me a refund in 2 to 3 weeks time. Im not convinced about that! Do i have to return the horse to start a small claims case or can I start one while I have the horse until he picks it up or should I take the horse to his yard then start claim? I am not willing to pay out anymore money on a horse that I am not keeping in the hope that he might refund in a few weeks time
As far as I’m aware, you do have rights under the ‘distance selling’ laws but check that out in case I’m wrong ?
 

Flora

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22 February 2013
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You have to mitigate your losses so take it back and add the transport back to the yard on to the claim.
I have since asked him to arrange to pick it up or I will and refund by 18th March. He has refused saying he doesnt have a stable for it!
 
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