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dolly-daydream

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Seller won't return my deposit, says I paid it to hold horse, not for the vetting, which it sadly failed on two front legs after flexion. Vet has written this to me, she still won't refund, don't know what to do, I am loosing £200 on a £1850 price for a 16 yo now 17. It was a very safe hack, but looked nothing like the photo on nfed where it was advertised. On reflection I know I should of walked away, but felt it was rude to now do the viewing, they had taken the time to get the horse ready etc. what do I do now please
 
What does your receipt for the deposit say? If it says 'subject to vetting' then its probably worth pursuing, citizens advice would be your best bet. However if the receipt doesn't mention vetting, whilst its worth double checking with citizens advice, I doubt you'd get anywhere.
 
As Littlelegs said if your receipt says subject to vetting they need to refund your money take them to the small claims court.
 
You've got no chance then. With no receipt the seller can deny there was a deposit at all. Chalk it up to experience. And next horse you view take someone experienced at buying with you so you avoid any further mistakes.
 
Phone trading standards, CAB or BHS if member. Did you give them a cheque? If not they may say they never had a deposit so be careful . Get someone independent ( not a friend) to witness them saying they will not return it. I am sure they have to return it but you need proof you paid it.
 
Hi, they have emailed me to say they received it in cash, and will not return it, so there is plenty in writing via emails, even the vet has posted to me, and wished me good luck in my getting it back, also he is adding this horse to a data base for failed vettings.
 
Brilliant you have proof. So contact trading standards and explain that the vet said it was not fit for the purpose it was advertised as. Tell them they will not refund your deposit which was part of the asking price subject to vetting. Get their advice. They will not be experts on horses but on sale of goods so you must put it like that
 
dolly-daydream said:
Did you know there was a sight that vets list failed horses, yes they do do it on the day they fail them on.
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That sounds unlikely to me, a vetting is only valid for the day it takes place, a horse can "fail" for numerous reasons many of which can be quickly resolved.

As for the deposit I think it should be returned unless you only decided to vet the horse later on the the transaction the seller may have expected no vetting to take place originally.

The vetting of a horse of this age and type will be likely to show some issues, I doubt whether many 17 year old tbs would pass front flexions I would not have necessarily ruled out going ahead if that was all that showed on a horse of that age that was going to do the job, possibly further investigation may have been an idea to give a clearer picture.
 
What was the reason for failing (if you don't mind me asking :)) - a 17 year old horse might struggle to get through a vetting but be OK for hacking. Could you re- negotiate the price?

He isn't the one now marked as readvertised due to timewaster for £1k is he? If you liked the horse then you could go back and offer £800 (as they already have your £200) and in fact you would be £850 better off :)
 
Did it actually fail though? I'd be surprised if a vet deemed a horse 'unsuitable for requirements' if the requirement was just to be a happy hacker. At 16 year old too likely to be a few niggles. Depends how much you liked the horse but for that i'd be looking to negotiate on price rather than walk away.
 
Unless you have a reciept saying subject to vetting I do think you will struggle to get your money back.

Unless you are very experianced and can afford a disaster I would not ignore the vets advice.
 
Suziq77 said:
Yep me as well. A vetting is just a snapshot on a day, it's a risk assessment not a guarantee and I cannot believe a horse could be tainted by being on a list where the full circumstances are not known.
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There is also the issue of data protection.

OP - what's the name of this database?
 
RebelRebel said:
What was the reason for failing (if you don't mind me asking :)) - a 17 year old horse might struggle to get through a vetting but be OK for hacking. Could you re- negotiate the price?

He isn't the one now marked as readvertised due to timewaster for £1k is he? If you liked the horse then you could go back and offer £800 (as they already have your £200) and in fact you would be £850 better off :)
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84180 NFED
 
Maybe vets keep their own database of vetting records so if they get called for a betting on the same yard/horse they have some history, perhaps that's what the vet meant

OP the fact that the horse didn't look like the ad is irrelevant, you liked it enough to put a deposit on it. It's one thingto politely view then walk away but quite another to pay a deposit and arrange a vetting

I think you've lost your money as without a written 'subject to vetting' agreement it is effectively you just changing your mind regarding the purchase
 
I would of bought her had she not been lame, would you want to ride a lame horse every day, I am not the sort of person who wants to put drugs in to a happy hack, just for my own pleasure, I have more consideration for the horse then that. I did try to be decent to the sellers, knowing they had just splashed out £20,000 for a new horse for the daughter to jump, but lame is lame, and I feel a full refund is justifable. nfed 84180 and it is now add on preloved and everywhere else.
 
The horse isn't lame though is it, it just showed a positive response on flexion tests which for an older horse is not unexpected.

I understand you not wishing to take the risk that this might indicate more serious issues but for a happy hack this wouldn't bother a lot of people.

This thread does make me feel a bit :confused:
 
dolly-daydream said:
I would of bought her had she not been lame, would you want to ride a lame horse every day, I am not the sort of person who wants to put drugs in to a happy hack, just for my own pleasure, I have more consideration for the horse then that. I did try to be decent to the sellers, knowing they had just splashed out £20,000 for a new horse for the daughter to jump, but lame is lame, and I feel a full refund is justifable. nfed 84180 and it is now add on preloved and everywhere else.
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Found the ad :) Very nice horse but it does say 100% in every way and fantastic ride. However, she failed a vetting and the 100% in every way no longer applies. You would have proceeded with the purchase if she had passed and the vendor knows this. I do feel you should get your money back.

What a shame, the mare sounds terrific. I would have held my breath with a 17 year old going through a vetting, particularly with one that had done a bit.

I am a bit confused, is she lame or 'just' failed the flexion test? I might still go ahead if it is flexion test and could have her medical history
 
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TBH OP I'd have another chat with your vet, I am assuming (apologies if this is wrong) that you are a new ish or first time horse owner and therefore I think it's entirely sensible that you listen to the advice of a professional that you have paid for his/ her opinion.
Many more experienced owners may well take flexion tests with a pince of salt (and/ or not allow them to be done) but I think they are being a little harsh in this instance. Vettings are never black and white (it is rarely a 100% pass) and I suspect most 17 y/o's would have something identified by the vet. Only the vet saw the horse and only the vet can give an opinion on whether the issues he/she spotted are more likely than not to give you a problem in the longer term with the level of work you want to do with the horse.

I would give them another call and have a chat about exactly what they found and what implications this might have. Another vet on another day could easily pass this horse.
 
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