Do I have grounds for a refund?

[ycbm]

It's re measuring day today. Keeping everything crossed x

???

 

[The Xmas Furry]

So, what's the verdict?

 

[Jenko109]

Oh do hurry up. It's another one of these keeping me in suspense threads and I'm not patient!

 

[LJW2709]

Keep popping back eagerly waiting for an update! Keeping everything crossed for you!

 

[Merry neddy man]

Guess if it was good news we would have heard by now, or maybe no result due to technical difficulties, like everyone else I was hoping for good news for you.

 

[rara007]

Waiting to hear too

 

[Goldenstar]

i really hope this has gone the right way .

 

[Spirit2021]

Fingers crossed

 

[The Xmas Furry]

I'd be interested to hear the outcome, measuring would have been completed before 5pm and results immediately known to parties there.
Unfortunately we dont have the registered name of the pony so it cannot be checked on the jmb site.
However, the last remeasure on their site was 27th May, which in itself is odd as remeasures go up quite quickly.

 

[Tiddlypom]

Any update?

Still nothing showing on the JMB re-measurement results page.

 

[Lexie01]

Sorry everyone. You have probably already guessed but she still didn't measure in. Absolutely gutted. I have no issue with JMB - everything was done very professionally - 2 vets plus a JMB representative. The pony is just too big! So now we have a very small horse with high withers.
A solicitors letter is already in the post to the original owner. She has 7 days to respond so I will let you know what happens - again. Thank you all so much for your support xx

 

[Michen]

So sorry. As someone who had to take an absolute witch of a dealer to court (albiet my situation was different as it was a known rearer sold as a schoolmistress) I fully appreciate the stress.

Mine did settle before court luckily but I had to file the claim etc.

Best of luck.

 

[ycbm]

I hope you get your money back, you have been missold. I think GS is right that you have a text admitting that by the seller. Very good luck in pursuing this.
.

 

[Gingerwitch]

So sorry, would you keep pony at a discount ?

 

[MyBoyChe]

What an awful situation to be in, especially as the pony (small horse) is perfect in every other way. Sadly though, if she is too big, she is too big. Like Michen, I started the process of taking a dealer to court for a similar offence, perfect family horse/safe for all the family, who napped and reared as soon as you put your bum in the saddle, again mine agreed to take the mare back and refund me before it got that far but its horribly stressful and all the time you have a living breathing animal to look after. I hope you manage to get this sorted quickly now without too much more stress

 

[The Xmas Furry]

I wish you all the best, but I honestly cant see you winning this.
The pony/horse was 1.2cm below max height as an early 6 yr old, over 2 years ago. I would have wanted a current cert on something like that and would have walked if it wasn't forthcoming.
I know the pony ticked every box, but height is a huge one for comp purposes in pony classes.

Yes, easy to say after the event, but I have dealt in ponies through the 80s for over 20 years, its 2nd nature when needing animals to measure in for clients.

I'd be willing to even bet that it didnt have a life height because they guessed it might not measure. Caveat Emptor.

Good luck tho.

 

[ycbm]

I wish you all the best, but I honestly cant see you winning this.
The pony/horse was 1.2cm below max height as an early 6 yr old, over 2 years ago. I would have wanted a current cert on something like that and would have walked if it wasn't forthcoming.
I know the pony ticked every box, but height is a huge one for comp purposes in pony classes.

Yes, easy to say after the event, but I have dealt in ponies through the 80s for over 20 years, its 2nd nature when needing animals to measure in for clients.

I'd be willing to even bet that it didnt have a life height because they guessed it might not measure. Caveat Emptor.

Good luck tho.

Why wouldn't she win if the pony was sold as currently suitable for 14.2 jumping classes?
.

 

[The Xmas Furry]

Why wouldn't she win if the pony was sold as currently suitable for 14.2 jumping classes?
.

Because a good to top level pony without a height cert is fishy. Buyer ought to have got this sorted pre purchase or on receipt to get returned if not measured in within x time.
Despite covid, jmb pads have been working since Feb so seller had no excuse to not get measured, which would ring big alarm bells to me.

 

[AmyMay]

Doesn’t matter how many alarm bells went off. Pony was miss-sold.

 

[CanteringCarrot]

Yeahhhh this is one of those mis-sold vs due diligence debates. Sometimes the threshold for something being mis-sold is not met, even though it would seem that would be the case. There can be some responsibility on the buyer as well. I'd have to know the exact details (see the original ad, read all communications between the parties) in order to reach a conclusion here. It may seem obvious, but it isn't always. Which is why legal guidance from a professional is needed.

Either way, I hope the horse ends up in a good home in the end, wherever that may be.

 

[ycbm]

Because a good to top level pony without a height cert is fishy. Buyer ought to have got this sorted pre purchase or on receipt to get returned if not measured in within x time.
Despite covid, jmb pads have been working since Feb so seller had no excuse to not get measured, which would ring big alarm bells to me.

Buyer made it clear that a 14.2 pony was required for age/height restricted classes. Business seller sold over height pony.

Buyer beware does not apply consumer law does.
.

 

[The Xmas Furry]

Buyer made it clear that a 14.2 pony was required for age/height restricted classes. Business seller sold over height pony.

Buyer beware does not apply consumer law does.
.

See CC's post above, this needs careful examining and none of us have all the info, it's not as clear cut as you might think or hope.

 

[ycbm]

Just judging by what the OP has told us, including what she said she has recorded in text messages, that's all any of us can do.

Ref CC's post, there is no due diligence debate in a business sale, only in a private one.

You appear to be blaming the buyer for trusting what a business seller has told her?
.

 

[The Xmas Furry]

Just judging by what the OP has told us, including what she said she has recorded in text messages, that's all any of us can do.

There is no due diligence debate in a business sale, only in a private one.

You appear to be blaming the buyer for trusting what a business seller has told her?
.

I'm not 'blaming' but was just trying to point out that most people buying an animal to compete in height related classes ensure that it conforms to requirements, in this case a current jmb would have sufficed. However, neither party appeared to have thought about mentioning this, whether as a considered point of negligence or being unknowing, pre sale or at point of sale.

 

[ycbm]

I'm not 'blaming' but was just trying to point out that most people buying an animal to compete in height related classes ensure that it conforms to requirements, in this case a current jmb would have sufficed. However, neither party appeared to have thought about mentioning this, whether as a considered point of negligence or being unknowing, pre sale or at point of sale.

It's irrelevant, surely.?

Seller had every financial reason to obfuscate and hope the sale would stick with a naive buyer, given that the price difference between one mm under and one mm over height is many £000's

Seller was legally entitled to trust a business seller, whether or not that was naive. Being unknowing is a defence only for a private sale not a business one.

I hope the buyer wins if she goes to court.

 

[The Xmas Furry]

It's irrelevant, surely.?

Seller had every financial reason to obfuscate and hope the sale would stick with a naive buyer, given that the price difference between one mm under and one mm over height is many £000's

Seller was legally entitled to trust a business seller, whether or not that was naive. Being unknowing is a defence only for a private sale not a business one.

I hope the buyer wins if she goes to court.

Well, then I'm sure that will happen, you are very sure it will.
I was merely offering a different point of view, which you are very happy to discredit, based on your own findings.

OP, as I said a good number of posts ago, good luck.

 

[ycbm]

Well, then I'm sure that will happen, you are very sure it will.
I was merely offering a different point of view, which you are very happy to discredit, based on your own findings.

OP, as I said a good number of posts ago, good luck.

Sorry if you are offended, I'm not trying to "discredit", I just don't understand your argument in relation to a business sale.

I hope the buyer will win but with court cases nothing is guaranteed, sadly.
.

 

[The Xmas Furry]

Sorry if you are offended, I'm not trying to "discredit", I just don't understand your argument in relation to a business sale.

I hope the buyer will win but with court cases nothing is guaranteed, sadly.
.

I'm not offended but a little exasperated. A business sale still requires due diligence from both vendor and purchaser. Night.

 

[ycbm]

I'm not offended but a little exasperated. A business sale still requires due diligence from both vendor and purchaser. Night.

But that's not true. A business seller does not "require", legally, any due diligence from the buyer. Legally, the horse has to be what a business seller says it is.

It's really wise to do your due diligence whoever the seller is, but the law is clear. A private seller can legally unknowingly sell a horse which is not fit for purpose but a business seller cannot.

I'm sorry FF, I'm not trying to be contrary about this, it's a very important point of law. It's what makes horses bought from a dealer (not as an agent, owned by the dealer) worth more than a horse from a private seller.
.

 

[I'm Dun]

I'm not offended but a little exasperated. A business sale still requires due diligence from both vendor and purchaser. Night.

Common sense says it does, the law says it doesnt.