deposit

[mollie3]

my pony went on a trial to some people and they paid £200 to take him for 1 month and they contacted us saying that they didnt want him anymore, so about 2 weeks after the trial had ended they returned him and wanted there deposit of £200 back, and we refused, and now they are contacting us saying that they will take us to court if we do not refund them, but it said nothing about the deposit being re-fundable in the contract so is it legal for them to have they deposit back or are we right to hold it?

 

[HarlequinSeren]

I think it would depend on the wording of the contract. Did it specifically say the deposit was non-refundable? Or did it just not mention the deposit? From what you have said I take it that they had the pony for the trial period (one month) and then two weeks after so a total of 6 weeks. Did they say they did not want the pony before or after the trial was finished? Was any paperwork such as a receipt given after the trial was up?
HS x

 

[FionaM12]

If it was me I think I'd just refund it. You've got your pony back, and presumably any tack etc has been returned? Why keep the deposit?

 

[xspiralx]

I wouldn't return the deposit - unless there was a very good reason for them returning the pony, then that is the exact reason you have a deposit - to avoid people just joyriding for a few weeks.

 

[Clippy]

Someone would usually only pay a deposit to secure a sale. Were they supposed to be buying your pony then changed their minds? If so, I don't see how they can make a fuss as they're the ones in the wrong

 

[piebaldsparkle]

I guess it depends in part, why he was returned.....

Are they claiming he was not as stated? Did he fail a vetting or is he just not right for them?

 

[zoelouisem]

Deposits are usually refunded subject to vetting. If they got him vetted and he failed yes you should refund. If they've purely changed there mind then no!! I expect you turned down other buyers, your now going to have to readvertise at a cost and let's face it the horse isn't likely to sell this side of Xmas.
I expect there just trying to scare you be firm and tell them no!!

 

[Mare Stare]

It would probably cost them more than £200 to take you to court so I doubt they'd go through with it anyway.

 

[mollie3]

It didn't mention the deposit anywhere in the contract, they said that were returning him after 3 weeks over the phone, but in the contract it said 7 days in writing and no we both had a copy of the contract signed etc, they didn't get him vetted, but it stated on the contract that he had slight sweet itch and sarcoids around the sheath area, there reason for returning was the sarcoids

 

[piebaldsparkle]

but it stated on the contract that he had slight sweet itch and sarcoids around the sheath area, there reason for returning was the sarcoids

Then no I would no return the deposit.

 

[Black_Horse_White]

I paid a £500 deposit when I had my previous horse on a 2 week trial. I was going to have the horse vetted whilst on that trial and if he passed and was suitable i would hand over the rest. The horses then owner agreed in writing to return my deposit. I would have thought had they a valid reason for returning the pony then the deposit should also be returned. Afterall it that not the whole reason for the trial being given? The deposit is part of the purchase price as they are not going ahead with the purchase then it should be returned. But if you do decide not too than I doubt their is much they can do about as taking you to court and losing will cost them more than £200.

 

[mollie3]

Are they legally going to win in court?

 

[FionaM12]

Are they legally going to win in court?

I doubt anyone here could answer that! As someone else said, they're not likely to take it to court as they risk court costs greater than this.

Why not ask local solicitors if they do a free advice/first consultation session (some do) and ask them?

 

[lcharles]

I've trial'ed horses before and never left a deposit and i'd let someone trial my horse for nothing, haven't even had a contract- as long as i thought they were genuine. Now this is probably the really wrong thing to do but i've never have any problems. I guess you can argue the money would be towards re-advertising etc but i'd want my horses to go to the right home so if they said my horse wasn't the one for them, i'd be happy to have my horse back and return the deposit.

If you have to pay for stable fees etc to keep the stable available in case the horse has to come back then i do think it would be fair to keep that amount of the deposit. So if you pay £100 stable fees and £30 insurance i only refund £70 for example.

Hope this helps xx

 

[mollie3]

When they came it was arranged that they would pay the whole amount for the trial and then the whole amount would be returned, but they only showed up with 200 so we accepted that as a deposit

 

[Black_Horse_White]

When I was taken to court ( horse related ) My solicitor, insurance legal advice line, consumer direct all said they didn't have a case against me and couldn't win! They did!! It was one of the most stressful times of my life. They may just be threatening you. If they do issue you with court papers then if I were you I'd pay up before it goes to court. Good luck x

 

[HarlequinSeren]

If the sarcoids were known to the people who took the horse on trial then I don't see how they can return it because of that? It's not like you didn't disclose this information to them.
HS x