dealer disaster

[cheeryplatypus]

help, I bought a warmblood from a dealer two months ago. the horse was vetted and the dealer had seen me ride and handle horses during previous trials. once home the horse quickly prove himself totally unsuitable due to a really nasty temperament. he bites aggressively and when you tell him off (voice, slap etc) he rears, if you continue to try to make him do whatever against his will (come in from field, walk out on lead, groom, feet, put rugs on etc) he quickly goes to a full height rear and strikes out. the dealer refuses to give me a refund and offered a swap (who failed the vetting). now i'm stuck with a dangerous horse. he's currently in a cow court as he jumps out of fields too!!
we have a solicitor involved but the whole thing is taking too long. the longer he is inside the worse his behaviour is (two weeks now), but I'm worried if i let him out he'll injure himself and they'll never take him back. the field is also v poached.
any advice with either the legalities or how to cope with the agression in the meantime would be welcomed. we got his shoes taken off for safety but this required <font color="green"> </font> 8 ACPs!

 

[rach1984horse]

If you bought the horse from the dealer it should be covered by the sale of goods act. If it loads okay would be tempted to put it in a box and take it back down there and hand it back. Not much dealer can do once it's back on his yard. Is there not another alternative swop he can offer?

 

[FMM]

You are definitely covered by sale of goods act. Your solicitor needs to ensure that the dealer understands that they will lose the case and also get bad publicity. How about trying to do a deal with the dealer and at least you will get shot of the horse.
Sorry to hear about the problems - must be a real worry for you.

 

[AmyMay]

How absolutely awful for you. Who arranged the vetting and was it 5 star??

 

[cheeryplatypus]

yes it was a 5*, the vet commented he found the horse a 'bit sharp' but didn't really expand on this. i had to work so couldn't attend the vetting, the dealer said that the horse didn't like the vet but was fine after. I've since found out that horses who don't like vets generally have people issues! at the viewing i was told he liked to nibble the leadrope, which i thought not unusual for a young horse (5 1/2). however he pulls it back and rears, when i tried holding him so he couldn't get the rope he grabbed the arm of my jacket and pulled my arm up while lashing out with his front feet.

 

[calon]

why wasnt his bad temper picked up on the vetting do you suspect he was drugged get the vet to check out the blood sample that should have been taken at the time ,nad take him back to dealer and take it from there good luck

 

[annaellie]

How old is the horse. As for the rearing and striking at you put a chiffney on or get an experanced handler to use the chiffney, a lot of people might disagree with me but I had a 17.2 5 yr old who reared and striked out but I knew this when I bought him and I got him cheap he had ex breeding but because of dangerous habits they just wanted rid, It will give some degree of control and like any bit its only as servre as the hands at the end, but I found my boy was as good as gold after a time with chiffney.

 

[AmyMay]

Has your solicitor been back to the vet for a further discussion. Presumably the bloods showed nothing.

How does your insurance compnay stand?

Personally if it were that dangerous I would check the legalities of it and get the damn thing shot!

 

[airedale]

VIDEO his behaviour for starters as definitive proof of what has been going on

video him being handled by yourself, by the yard manager, by the farrier, whatever - to also prove that the horse is dangerous with everyone and not just you.

you must adjust the diet to merely give hay and fibre and no protein

I agree that the horse seems to have been doped at the time of the vetting. Was a blood sample taken ? Has it been analysed

There are now magnesium calmers that can by given orally and given enough of these before a vetting and the horse may well have been OK - and I don't know if the mag. calmers will show up on a blood test ?!

 

[samp]

Was a blood taken? I would suggest you have this tested. He may be in either pain and was on bute or something or is a killer and therfore doped up?
Do you still have the advert for the horse? Hve you got a receipt for it?

 

[FMM]

Blood should be taken as part of a 5 stage vetting and frozen for 6 months.
You need the original ad (which states that he is sutiable for xxxxx)
Video evidence
Signed and properly witnessed statements from people who deal with him (see your solicitor on how these should be witnessed in ordered to make them valid documents for court)

As a matter of interest, what did the original ad say?

 

[Super_Kat]

Good god that horse sounds awful!
Have words with your solicitor, film the behaviour and have the damn thing shot before it kills somebody!

 

[dieseldog]

The legal route of dealing with this could take forever and you'll going to be stuck with him in the meantime, can you scare the dealer into taking him back? have you got any 'big' friends?

 

[Clodagh]

I bought a horse from a dealer last year and dumped it back at their yard, after I had collected evidence like suggested. I did eventually get my money back, but they got my headcollar! (Fair trade me thinks.
Good luck, how awful for you.

 

[cheeryplatypus]

the vet says he doubt the horse had been doped as he was so badly behaved during the vetting! it also costs £180 to run the tests. I got a vet out after the third week to see if his behaviour was due to pain, but she (after getting kicked on the shoulder) said he was sound physically anyway. he chased me from the field when put out with a mare so i wondered if he might be a rig. he currently has a pony next to him for company where he is at the moment but she doesnt like him much either although he doesnt scowl at her.

 

[cheeryplatypus]

'beautifully schooled stunning belgian warmblood' was the advert
he has been reasonable under tack, but due to his unpredictable behaviour on the ground i've not ridden him for four weeks.

 

[kick_On]

sounds a nitemare. get rid ASAP, get all your evidence up together even get a professional rider out to have a look and get them to write letter to add to evidence. Then once that is sorted, get Vet out and dope the thing in the jugluar and put back on lorry and take back to dealer yead and leave it there, plus solicitors letter attached to horse plus letter from vet about having to dope thing to get back to yard.
i hope it's sorted soon

 

[Dovorian]

Have you asked your solicitor what would happen if you returned the horse? I think I would take tis route and maybe have a professional deal with the return (ie independent witness) as well.
Perhaps a note that any damages incurred by this poor animal will be the sole responsibility of the dealer - are you using an experienced 'equine' law firm?

 

[magic104]

As already stated, get your evidence on film &amp; take the thing back to the dealer. If you keep him you are liable for any harm he does to anyone, &amp; you have the cost of keeping him. The last time I heard of a horse like this, it turned out he had a brain tumour, which obviously was only detected once he had been put down. I really would just take him back &amp; let them deal with it. These dealers need to be put out of business putting peoples lives at risk, it is disgusting.

 

[AmyMay]

[ QUOTE ]
the vet says he doubt the horse had been doped as he was so badly behaved during the vetting! it also costs £180 to run the tests

[/ QUOTE ]
Did the vet tell you how badly behaved the horse was at the vetting. Are you actually quibling over spending £180 on getting the blood tested?????? Or have I misunderstood you?

 

[FMM]

Umm. You need to be careful. If the ad said he was stunning to ride, and as far as anyone knows, he is, then you may not have such a strong case. If he was said to be easy to do, suitable for riding club - i.e. anything that said he was good to handle on the ground, then your case would be a lot stronger.

 

[wizzi901]

Am I missing something here? - how was he when you tried him out? Did you try him out at all?

 

[AmyMay]

[ QUOTE ]
Am I missing something here? - how was he when you tried him out? Did you try him out at all?

[/ QUOTE ]
The obvious question we all missed!!!!

 

[Parkranger]

I'm not getting at you (this is a horrible situation for anyone to find themselves in) but it's definately a warning for people to be present at the vetting - tends to show a multitude of sins in a horses behaviour.

If I hadn't been at my boys vetting, I wouldn't have as stronger case as I do now with my problems.

Really hope you get this sorted xx

 

[_OC_]

I agree with you....always be there when the vetting is done,I make sure that I am the only thing the vet said when he vetted my boy is not keen in having his mouth poked about.....when horse dentist came 4 months later felt a twit as he was as good as gold....I really feel for you I would take the horse back as soon... as your safety and sanity cannot take this long term!

 

[FMM]

I think you have to be a little realistic. I have recently tried a horse which was a 4 hour drive from me (i.e. 8 hour round trip!)

I spoke to my vet who recommended a vet friend of his in the area to vet the horse and I hope that this will be enough. It is totally unrealistic to always be present when a horse is being vetted - at some point you have to trust the professionals!

 

[Parkranger]

Do you mean like the same 'professionals' who passed a blind horse? No thanks!

Each to his own but I suppose once you've had a bad experience it tends to make you paranoid.... x

 

[FMM]

I would not just get "any vet" to vet a horse for me. And to be quite honest, a vet is going to pass a blind horse whether you are standing next to him or not! It won't make him a better vet to have the prospective owner in close proximity. I sincerely hope you got rid of that vet and reported him pronto?

Re the OP's problem, it would be interesting to find the exact wording of the ad to see if the dealer has a get out clause. I bet they will, as this is how they make their living. I would rather deal a vet than a dealer any day!!!!

 

[Parkranger]

It was alot more complicated than that and unfortunately I can't go into it on here! Let's just say that myself and another person being there proves negligence as we both pointed out something that later proved to be right......

 

[cheeryplatypus]

the vet now says that the horse was terrible to vet although did not tell me that at the time, though he did say they had to twitch him to get blood but i didn't know that was unusual at then. obviously have learnt plenty in last two months! i think we are going to have to dump him back at their yard, but not sure where i would stand if he injured anyone in the process as still technically belongs to me.