Dispute over private trailer sale

[Tiddlypom]

We replaced the original keruin floor on our rice eventer with a new identical floor purchased directly from rice.

Only a small number of years later, after we'd sold the trailer to a friend, her horse went through the floor just after he was loaded - luckily he was not injured. It can happen.

 

[bkneil]

We replaced the original keruin floor on our rice eventer with a new identical floor purchased directly from rice.

Only a small number of years later, after we'd sold the trailer to a friend, her horse went through the floor just after he was loaded - luckily he was not injured. It can happen.

I would’ve thought that would be picked up in an annual service but I could be wrong about that too

 

[Polos Mum]

Stored on wet grass and little used it's certainly possible the floor rotted and tyres perished in a year or so.

I think you have accepted the trailer when you had the work done to it. Your opportunity to return it to them and ask for a refund was when you discovered all the problems.
I think the small claims court will struggle to force the sellers to pay for repairs they didn't authorised. The courts may have forced the sellers to refund you - but that's not an option now.

I'm glad your horse wasn't injured.

I am another who is grey haired enough not to believe anything anyone says when selling unless I can prove it with my own eyes (horses, cars, houses anything really). Even if the sellers had a receipt from 12 months ago I would still have crawled underneath and poked it with a screw driver in a number of places. You don't need to be a mechanic to check a floor at a basic level. If it was so bad the horse fell through within weeks - that would have been obvious to a screwdriver assessment.

Some people lie, some people don't remember things, some people genuinely think they are being honest but make mistakes, some people don't have the knowledge themselves to give you info you need!

 

[Tiddlypom]

I would’ve thought that would be picked up in an annual service but I could be wrong about that too

The floor looked fine but the horse still fell through it . It was just a single floor, but fitted as per original Rice specs and very well cared for.

 

[bkneil]

Stored on wet grass and little used it's certainly possible the floor rotted and tyres perished in a year or so.

I think you have accepted the trailer when you had the work done to it. Your opportunity to return it to them and ask for a refund was when you discovered all the problems.
I think the small claims court will struggle to force the sellers to pay for repairs they didn't authorised. The courts may have forced the sellers to refund you - but that's not an option now.

I'm glad your horse wasn't injured.

I am another who is grey haired enough not to believe anything anyone says when selling unless I can prove it with my own eyes (horses, cars, houses anything really). Even if the sellers had a receipt from 12 months ago I would still have crawled underneath and poked it with a screw driver in a number of places. You don't need to be a mechanic to check a floor at a basic level. If it was so bad the horse fell through within weeks - that would have been obvious to a screwdriver assessment.

Some people lie, some people don't remember things, some people genuinely think they are being honest but make mistakes, some people don't have the knowledge themselves to give you info you need!

I’m not that young lol. Had horses nearly 40 years but it’s only my second trailer. I agree re having the work done already - they may have preferred to have it back so it might be too late and I may have to chalk it up to experience. It’s just frustrating as even asking the right questions isn’t good enough. i think in future I may have to ask to get one inspected and get an estimate for work needed before buying . Thank you for your reply

 

[Fransurrey]

I was sold my trailer with '5 good tyres'. Luckily I know better and could see for myself that they were perished, despite having excellent tread. The only decent one was the spare, as it had been covered, so not exposed to UV. I do think the sellers were genuine, just naive about how tyres perish even if just stood on the drive. I might not have been so savvy if I wasn't such a cynic AND have a mechanic OH who services his own trailers.

Sorry you've had to deal with this, OP, but I think it's an important lesson learned. Having read the comments above I'm not sure you do have a solid case even for the floor, unless the trailer place you used can be sure the wood was much older than 1 year.

 

[Melody Grey]

Not read all the replies, but could it be that the sellers paid for the floor to be replaced and have been conned themselves? I had a friend whose car garage had charged her for all sorts of work that hadn’t actually been done- it does happen.

 

[bkneil]

Not read all the replies, but could it be that the sellers paid for the floor to be replaced and have been conned themselves? I had a friend whose car garage had charged her for all sorts of work that hadn’t actually been done- it does happen.

They did it themselves apparently with marine ply

 

[Gallop_Away]

Ply is not the best for long-term use. It is not completely unfathomable that parts of the floor rotted within the year depending on how trailer has been stored. If they can provide receipts for materials then I don't think you'll get very far I'm afraid.
You really should have had it looked over by a professional before putting your horse inside.
I would chalk it up to experience and move on.

 

[Jenko109]

The victim blaming in some of these replies is gross.

 

[TPO]

The victim blaming in some of these replies is gross.

Putting a horse into a potential death trap is gross.

 

[ycbm]

They did it themselves apparently with marine ply

That changes things entirely. They have not lied, they believed the floor was sound. I don't believe that you have any case.
.

 

[Tiddlypom]

As said, marine ply is not a good flooring for trailers, but it is often used by amateurs in good faith if they haven't done their homework properly.

If installed incorrectly it can start delaminating straight away.

 

[bkneil]

Putting a horse into a potential death trap is gross.

I thought this was a forum to ask for advice. I’m happy you already know it all but please stop making assumptions about myself as an owner - on that point you know nothing. If you’re only here to blame me and tell me I’m an idiot that willingly put my horse in danger please find another thread to troll

 

[bkneil]

As said, marine ply is not a good flooring for trailers, but it is often used by amateurs in good faith if they haven't done their homework properly.

If installed incorrectly it can start delaminating straight away.

That’s what the trailer people said. Having researched it myself since marine ply used to be a popular choice but isn’t as strong nowadays and the fact that it’s designed to withstand water by swelling actually messes up the fixtures so is no longer advised.

 

[doodle]

I think you have your answer there with the marine ply and the floor. They havnt lied and they did replace it. Sometimes you need to admit your mistakes and move on. Ie you didn’t check the floor yourself.

As for the tyres, I had my trailer serviced and he said it needed 4 new tyres as they were beginning to crack and they were the original ones on the trailer (2014). The looked ok to me but clearly not. If I had been selling j would have thought they were ok and said as such.

People need to stop finding someone to blame when something goes wrong and take some responsibility.

 

[Goldenstar]

I would’ve thought that would be picked up in an annual service but I could be wrong about that too

That would depend on what you have asked for a standard service would not include removing mats to look at the floor .

 

[bkneil]

That changes things entirely. They have not lied, they believed the floor was sound. I don't believe that you have any case.
.

Thank you- I wasn’t so sure about this bit - it’s been expensive but is a valuable lesson learnt

 

[ycbm]

The basic difference between a commercial sale and a private sale is that with a commercial sale the goods have to be fit for purpose and with a private sale the sellers must have told what they believe is the truth, even if it turns out not to have been the truth at all.
.

 

[bkneil]

I think you have your answer there with the marine ply and the floor. They havnt lied and they did replace it. Sometimes you need to admit your mistakes and move on. Ie you didn’t check the floor yourself.

As for the tyres, I had my trailer serviced and he said it needed 4 new tyres as they were beginning to crack and they were the original ones on the trailer (2014). The looked ok to me but clearly not. If I had been selling j would have thought they were ok and said as such.

People need to stop finding someone to blame when something goes wrong and take some responsibility.

Not trying to find someone to blame (I’m in no way a person that makes a habit out of complaining otherwise I wouldn’t be needing advice) but I asked to look at the floor, he said he couldn’t move the mats but his daughters precious ponies go in there so it’s definitely fine. The trailer people said there’s no way the floor was less than a year old when they replaced it. They said I’d been had as it were and led up the garden path. As said earlier the tyres im not so sure on following as the tread was ok and the other £700 spent I’m not looking for recourse as it’s wear and tear work. But I think the seller should take responsibility for misleading me on the floor

 

[bkneil]

The basic difference between a commercial sale and a private sale is that with a commercial sale the goods have to be fit for purpose and with a private sale the sellers must have told what they believe is the truth, even if it turns out not to have been the truth at all.
.

Yes I think that might be the sticking point. I can prove I was misled but not that it was intentional which as you say, matters more on a private sale. I’m glad I asked here first as the less demeaning people have been helpful. Think I’ll be scared to ever buy one second hand again though!

 

[Gallop_Away]

The lovely man who services our trailer also does pre-purchase inspections. I would think many offer a similar service. Worth keeping in mind for the future x

 

[bkneil]

The lovely man who services our trailer also does pre-purchase inspections. I would think many offer a similar service. Worth keeping in mind for the future x

Thank you. I will ask mine. He’s very good . I’m one of those people that insists on annual servicing. I had a very good friend who is a farmer offer to sort the floor for me for almost nothing but I said no as I’d be too scared to use it just going on his assessment so I’m a good customer for the trailer guy. He’s a nice guy too so I’m sure would do this too x

 

[eggs]

I'm not sure from your post if you went to see the trailer before buying it or bought it sight unseen. You could have a case if you could categorically prove that the floor had not been replaced although unfortunately I suspect that would be rather hard to do. In my own experience though, even if you do win a small claims court case there is no guarantee that you will see a penny of any award granted to you.

 

[Aleka81]

What did your receipt say? If sold as seen. Forget it

 

[onemoretime]

Yes I think that might be the sticking point. I can prove I was misled but not that it was intentional which as you say, matters more on a private sale. I’m glad I asked here first as the less demeaning people have been helpful. Think I’ll be scared to ever buy one second hand again though!

Wayne Henning of Henning Horseboxes travels the country checking boxes and trailers. He has a Facebook page if you are on Facebook. He is very nice and very thorough. He helped us with an insurance claim when a tree went right through the cab of our 3.5 ton and wrote it off. Insurance were trying to pay out the minimum but with Wayne's help we got the full value of the box which we had been paying premiums for.

 

[myheartinahoofbeat]

I'm sorry that this happened to you and i really hope you have some

In my own experience though, even if you do win a small claims court case there is no guarantee that you will see a penny of any award granted to you.

This is my experience too, beware, it could all go in your favour but you might never get any money from them

 

[Sossigpoker]

Stored on wet grass and little used it's certainly possible the floor rotted and tyres perished in a year or so.

I think you have accepted the trailer when you had the work done to it. Your opportunity to return it to them and ask for a refund was when you discovered all the problems.
I think the small claims court will struggle to force the sellers to pay for repairs they didn't authorised. The courts may have forced the sellers to refund you - but that's not an option now.

I'm glad your horse wasn't injured.

I am another who is grey haired enough not to believe anything anyone says when selling unless I can prove it with my own eyes (horses, cars, houses anything really). Even if the sellers had a receipt from 12 months ago I would still have crawled underneath and poked it with a screw driver in a number of places. You don't need to be a mechanic to check a floor at a basic level. If it was so bad the horse fell through within weeks - that would have been obvious to a screwdriver assessment.

Some people lie, some people don't remember things, some people genuinely think they are being honest but make mistakes, some people don't have the knowledge themselves to give you info you need!

Can I ask what difference it makes what surface the trailer is stored on? Presuming the wet grass isn't long enough to touch the floor ? Thanks.

 

[Goldenstar]

I'm sorry that this happened to you and i really hope you have some

This is my experience too, beware, it could all go in your favour but you might never get any money from them

This is the way it is my Father who was a lawyer was fond of saying there’s no point in suing a man of straw .

 

[MagicMelon]

I’m not a member though have been looking into it recently. I was thinking about small claims but was worried about the cost… but if I’m likely to be successful, the sellers would have to pay my costs too I think

I would never bother with small claims court. I dont know if its different in England (Im Scotland) but I won a small claim case for £4,500 against a builder who screwed me over. The court then do absolutely nothing to make them pay. I was told it was up to me to pay bayliffs to investigate and try to get the money / goods off him, I imagine that wasnt going to be cheap! The builder then left the country so it was impossible to do anything by that point. Total waste of time.