Court case - oh no, we lost!

Rachmeister

Well-Known Member
Joined
15 November 2007
Messages
188
Location
Northants
Visit site
We were n court today to try to get justice for the little pony my friend bought from what she thought was a dealer, turned out to have chronic arthritis and had to be put down. During the case the defendant suddenly said that all the ponies she had sold (which we managed to find evidence she had sold) didn't belong to her at all and the judge believed her and we lost. Complete surprise. This is a warning to everyone buying a pony / horse. GET IT VETTED OR CAVEAT EMPTOR.

If anyone is trying to bring a case against a seller and wants some top tips on how not to do it successfully, please PM me. Need to dive into wine bottle and recover. Thanks for all support in the past.
 

samstar

Well-Known Member
Joined
6 October 2008
Messages
11,673
Location
somewhere quiet
Visit site
That is such sad news as this means this will still carry on
frown.gif
 

Angelbones

Well-Known Member
Joined
6 April 2008
Messages
2,295
Location
East Sussex
Visit site
Sorry to hear that, but well done for pursuing to those lengths at all.

Am I missing something but why does it matter if the 'dealer' didn't own the ponies at all? I thought acting as a agent for someone else to sell was the same as being a dealer? I don't see why that should get him off the hook?

Now go and climb into that bottle wine
smirk.gif
 

Rachmeister

Well-Known Member
Joined
15 November 2007
Messages
188
Location
Northants
Visit site
If the dealer doesn't own the horse but is selling on someone's behalf the purchaser does not get the same protection legally unfortunately, they are the agent of the true owner. It's yet another question a purchaser should ask ie "do you own this horse or if not, who are you selling it on behalf of?" and then get any warranties from the true owner. This took so long to resolve and so much work (which I did for free) it is really gutting to lose at the last hurdle when new evidence, which was not even mentioned in the defence was suddenly brought in and believed.

The good news is that the little pony is galloping pain free for ever in pony heaven and will not get sold on again to an unsuspecting buyer.
 

WishfulThinker

Well-Known Member
Joined
2 January 2006
Messages
5,418
Location
Just up from that street on the right.....
Visit site
I thought that was how dealers worked? They didnt always own all the horses they sell.

If you have a passport that has the dealers name in it before yours then surely(even though that is not proof of ownership) they own it as if I was selling a horse I would never transfer the passport to a dealer if I wasnt selling it to them first!
 
Top