Can anyone advise me please I have been taken to court

[jo.stock]

Hi I’m look for some advice on what to do. I sold a pony 6 months ago he was 4 years old and only lightly backed. I had owned him for 2 years never needed a vet never seen him lame.Anyway I sold him to a lady and her daughter she came to look at him with her experienced friend they rode him in the paddock and played with him and was happy and wanted him but didn’t have enough money until she had been paid at the end of the month. I was happy to wait because I thought they was the perfect people for him so I said they could have him on trail until they raised the money and that they could come down whenever they wanted I didn’t even need to know which they did I offered them to have the pony vetted but they didn’t feel the need the end of the month came and they was happy with him and bought him I gave them a receipt and wrote on sold as seen and the buyer signed it and took the pony I was getting updates every week saying he was settling in and he’s broken threw fences ect about a month later she txt me to say she was moving the pony to a different yard another month past and then I got a txt saying we have a problem max is lame and she has had a vet and she said he has laxity of the hock and it would of been apparent from birth I question it because I have never seen anything wrong with the pony so she’s taken it to court we had a resolution hearing yesterday and apparently I have to pay half the vet bill to have the pony x-rayed and a lameness test im so confused she didn’t want the pony vetting before purchasing so now why do I have to go halfs

 

[Xmas lucky]

Technically speaking if she didn’t do a vetting she shouldn’t have a leg to stand on because she took that risk and it’s her own fault .

 

[AmyMay]

What’s your solicitors opinion on this.

What part of the country are you in?

 

[TPO]

Joins BHS as a gold member and call their legal helpline

 

[jo.stock]

What’s your solicitors opinion on this.

What part of the country are you in?

She just kept saying buyer beware we are in Lancashire

 

[splashgirl45]

You need some proper legal advice if you are a gold BHS member you get free legal assistance .. otherwise it may cost you more for the advice than half the vets bill. Sounds wrong to me but I’m no legal expert

 

[bonny]

You need a solicitor, did you go to court yesterday ?

 

[jo.stock]

You need some proper legal advice if you are a gold BHS member you get free legal assistance .. otherwise it may cost you more for the advice than half the vets bill. Sounds wrong to me but I’m no legal expert

I have taken it and she said to defend myself I don’t need to pay half the vets at all and she’s confused why I’m having to pay half the vet bill

 

[AmyMay]

She just kept saying buyer beware we are in Lancashire

In that case get yourself some proper legal representation. If what you say is correct, no judgment in the land would hold you partially liable. So either the judge is bent, your solicitor is useless or there’s more to the story.

 

[jo.stock]

You need a solicitor, did you go to court yesterday ?

I rang one this morning and she said to defend myself because it will just eat into money

 

[AmyMay]

How did they prove negligence on your side?

 

[jo.stock]

Because I sold a pony knowing they was going to ride it ?

 

[AmyMay]

Because I sold a pony knowing they was going to ride it ?

The only advice any of us can give you is to get a solicitor.

 

[View]

Are you a BHS Gold member? If so ring the legal helpline before you do anything else.

if not, do you have legal expenses cover through your home insurance or access to a legal helpline through say trade union membership? If so, make that phone call.

If not, then speak to one of the solicitors specialising in equine matters

if you are a private seller, the question is did you knowingly misrepresent the horse.

Get proper advice now.

 

[jo.stock]

Technically speaking if she didn’t do a vetting she shouldn’t have a leg to stand on because she took that risk and it’s her own fault .

That’s what I said she refused to have him vetted she had him on trail for just short of a month and nothing was noticed surely if he had something from birth someone would of noticed something

 

[ycbm]

There's no point joining the BHS now they won't handle a case that is already in progress.
.

 

[ycbm]

That’s what I said she refused to have him vetted she had him on trail for just short of a month and nothing was noticed surely if he had something from birth someone would of noticed something

That's irrelevant anyway, in theory. In a private sale you would have to have both known AND lied about it when asked in order to be liable.

Who exactly has ordered you to pay half the vet bill?

Did you agree to go to arbitration? If so and you are in England you do not have to accept the result of the arbitration and can make her take it to court, where you "should" win because she doesn't appear to have a leg to stand on legally.
.

 

[AmyMay]

That’s what I said she refused to have him vetted she had him on trail for just short of a month and nothing was noticed surely if he had something from birth someone would of noticed something

All very odd. ??‍

 

[jo.stock]

All very odd. ??‍

Makes no sense does it

 

[bonny]

Can you explain what happened when you went to court ?

 

[jo.stock]

That's irrelevant anyway, in theory. In a private sale you would have to have both known AND lied about it when asked in order to be liable.

Who exactly has ordered you to pay half the vet bill?

Did you agree to go to arbitration? If so and you are in England you do not have to accept the result of the arbitration and can make her take it to court, where you "should" win because she doesn't appear to have a leg to stand on legally.
.

It was a judge to basically say what she would do if it was in her court ?‍ It was called a resolution hearing I’m not clued up with all this stuff and I have 2 weeks to find 3 vets and the prices to then send to the buyer and she chooses which one to go threw

 

[bonny]

It was a judge to basically say what she would do if it was in her court ?‍ It was called a resolution hearing I’m not clued up with all this stuff and I have 2 weeks to find 3 vets and the prices to then send to the buyer and she chooses which one to go threw

We’re you there ? Did you say anything ?

 

[ycbm]

It was a judge to basically say what she would do if it was in her court ?‍ It was called a resolution hearing I’m not clued up with all this stuff and I have 2 weeks to find 3 vets and the prices to then send to the buyer and she chooses which one to go threw

This sounds like an arbitration meeting. Are you in England? In England that would not be binding, which is why a solicitor is telling you not to pay. I do not understand why it would be your responsibility to organise a vet for a pony which is not in your keeping.

Did the judge even understand that vets don't give prices for this kind of examination? A pony isn't a car!

Do you have a court order on official paper telling you that you must do this? What exactly is written on any papers you have about this?
.

 

[jo.stock]

This sounds like an arbitration meeting. Are you in England? In England that would not be binding, which is why a solicitor is telling you not to pay. I do not understand why it would be your responsibility to organise a very for a pony which is not in your keeping.

Do you have a court order on official paper telling you that you must do this? What exactly is written on any peepers you have about this?
.

We are in Lancashire England I have the court papers but not with this written on this was done over the phone

 

[PurBee]

Well ..if a judge imposes such conditions on a private seller, after a pony trail and refusal of vetting, and after owner owned pony for a couple of months - all those who ever sell a horse are subject to such legal b*lox from such a ‘judge’.

I’d appeal and throw consumer law in the judges face to remind them theyre making judgements outside of the law.

Look through the appeal process. You sound like you do need representation, as most would when a judge starts making up thier own laws. You can get legal aid….applicable if youre on low income. A solicitor also can advise you on applying.

 

[ycbm]

We are in Lancashire England I have the court papers but not with this written on this was done over the phone

Then it's an arbitration session. You do not have to agree to it. Don't do it, let the buyer take you to court and find a good strong friend to help you through this, you are close enough to me if you are South Lancashire I will help you.

ETA see later posts, this is probably not the case.,
.

 

[TPO]

I don't know about the equine legal side but what you have talked about is normal arbitration process. There's a mediator and the aim is both agree on an outcome. My only experience is about construction contracts but it's the same process.

It sounds like buyer suggested sharing vets bills and an agreement was made.

Easy for me to say but you should have said no to paying half of anything or taking on finding prices etc.

If you Google there's lots of info about arbitration ad the process. A bit late now but it might help you to understand it.

Pretty bad show by the solicitor. It wouldn't take a good solicitor 5mins to get this thrown out.

Do you have anything written, like a text or email, where you've offered the horse up for vetting and/or the buyer stating that they didn't want to vet the pony?

Maybe try Citizens advice bureau?

Eta- I type too slow on my phone and ycbm has said it all better

 

[jo.stock]

Then it's an arbitration session. You do not have to agree to it. Don't do it, let the buyer take you to court and find a good strong friend to help you through this, you are close enough to me if you are South Lancashire I will help you.
.

I think I already did agree I recorded the hole thing I can send it you if you would like to listen to me absolutely messing it all up ?

 

[IrishMilo]

They also have to prove that you know about the condition as far as I'm aware.

 

[ycbm]

Well ..if a judge imposes such conditions on a private seller, after a pony trail and refusal of vetting, and after owner owned pony for a couple of months - all those who ever sell a horse are subject to such legal b*lox from such a ‘judge’.

I’d appeal and throw consumer law in the judges face to remind them theyre making judgements outside of the law.

Look through the appeal process. You sound like you do need representation, as most would when a judge starts making up thier own laws. You can get legal aid….applicable if youre on low income. A solicitor also can advise you on applying.

It does not need an appeal, no court judgement has been made. This was an unbinding arbitration session.

ETA see later posts, it appears this is actually probably binding, which is completely mad!
.