Has anyone had dealings with??????? or heard of???????

sam259

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I have very recently had a terrible experience regarding a certain horse dealers in Wiltshire. I saw their adverts on Horsemart. I am currently in the process of seeing Solicitors and taking them to court. I have been recently told that he has been getting his stock from Jamie Gray which can be proved. I paid him a deposit for a Friesion Mare (proof retained) arranged transport. I had experienced problems with my Halifax account as tried to transfer the money to the dealer online but it was not sent. I explained to the dealer that I would transfer the money straight away. I was standing in the Halifax two days prior to collection of the horse actually transfering the money when the dealers called me and stated that they were refusing to sell the horse to me and that they intended to keep my deposit. I have several witnesses including the bank manager of Halifax who talked to them on my behalf. The dealers finally stated to the Bank Manager that the deposit would be returned within 7 days but no deposit arrived. He is refusing to return my deposit and has been extremely hurtful and rude. The horse was meant for my daughter who has had a very tough year. She has been bullied very badly at school to the point where the bullies set fire to her clothing. My Daughter is so upset as the horse was for her Birthday.
Private messages would be appreciated
 

Cahill

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i cannot comment on your business,but i can comment on the dealer in question who i have always found to be a polite man.

i should imagine that in his line of work ,he encounters more than a few joyriders/ time-wasters/weekend tourists.

i am not saying you are any of these,but he does have a business to run and a reputation to think of.

there is always two sides to every story and i speak as i find.
please do not take personal offence of my reply.
 

Lippyx

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Can you PM me the name of the dealer in question, as I have seen a few horses at a dealers in Wiltshire, but if they are not nice people then I may think twice!

Sorry you are having this trouble, but surely, he is stabbing himself in the foot here! Yes your money didn't transfer first time round, but if they spoke to the bank manager, who would have reassured them the transfer was taking place, then they have just lost a sale by refusing to now sell!! Doesn't make sense!!??

I hope it goes well, please let me know how it goes!!
 

Tinypony

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Surely if you were in the process of transfering the money when he rang, your bank could have just cancelled the transfer?
He can't withhold a deposit if the buyer is going ahead with the transaction within the timescale agreed, so you need to take legal advice. You could start for free by going to the Citizens Advice Bureau. If you have BHS Gold membership, have a word with them.
 

melaniemarks

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Did you get a receipt for the deposit?? You could try getting it back via the small claims court. Or maybe you could turn up at his place with the cash and see if he'll take it and let you leave with the horse.. This sounds like very sharp practice to me, maybe he'd got another buyer lined up? Hope you can get it sorted.
 

Cahill

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did you pay deposit and agree on a date for the balance?were you not able to pay the balance on time because of your bank problem?
 

JM07

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Does the receipt say "non-refundable" deposit?

i always state this on my receipts....and if the pony isn't paid for after an agreed date, then it jolly well isn't refundable.

whether or not Mr Wilts Dealer, who is actually a HHO Member, and has come on here many a time to answer questions, gets his stock from JG is not the issue here.

Whether you kept to your side of the deal IS.

This particular dealer sells cheap animals, has a quick turnover and is never short of stock....and comes across as a very upfront guy...what you see is what you get.

a case of Caveat Emptor, i believe.
 

spaniel

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Im somewhat confused by this....was there an agreed timescale in which you had to pay the balance? If so and for wahtever reason you didnt pay the balance then as far as I can see you have lost your deposit.

Sorry but in my world paying a deposit means that if you dont complete then the deposit is forfeit.

Thats the whole point, the deposit secures your goods....if you dont complete the transaction then the deposit goes to the vendor.
 

Tinypony

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She tried to complete the transaction, he didn't let her as far as I can see. I don't think you will work this out on a discussion group, get some legal advice.
 

sam259

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No there was nothing in writing saying deposit not refundable and from beginning to end of deal was only 7 days.
Transport booked the lot.
I was also buying a welsh sec D from him at the same time which I also did not receive
I was completing the transfer but he was so nasty saying that the horse was no longer for sale.
Even the transporter called him as he was appalled by what he had done.
The Dealers girl friend was so rude - I unfortunately learnt some new swear words.
By law if it is not in writing that the deposit is non refundable it has to be returned.
I told them that even if I had to drive to his house through the night he would have recived his money but he said no.
He would not even let me get a word in edge ways as they were both shouting so much
The Bank Manager is a witness to all this and their behaviou
We have been told that he sold the horse for more money which sounds about right.
All I want is my money back then end of......
 

sam259

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With all due respect as you stated in your previous posting you believe you should keep peoples deposits even when they are a genuine buyer then that is just as bad
By law it has to be in writing that the deposit is non-refundable therefore you would be breaking the law
I am a genuine buyer that wanted to trust these people as at the end of the day all we wanted to do was buy the horse for my Daughter.
In the total 7 days following several phone calls and several text messages the dealers finally answered their mobile to tell me the deal was cancelled. Try explaining that one to your disabled daughter.
 

JM07

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[ QUOTE ]
With all due respect as you have stated in your previous posting that you believe you should keep peoples deposits even when they are a genuine buyer then that makes you just as bad.
By law it has to be in writing that the deposit is non-refundable therefore you would be breaking the law
I am not a disruptive weirdo thanks all the same and there is no need to be so rude
I am a genuine buyer that wanted to trust these people as at the end of the day all we wanted to do was buy the horse.
In the total 7 days following several phone calls and several text messages the dealers finally answered their mobile to tell me the deal was cancelled. Tr explaining that one to your disabled daughter.
Get your facts right prior to slagging someone off


[/ QUOTE ]

is this to myself or Spaniel??

if it is to myself...incorrect..no i'm not "just as bad"..

i did state in my reply that i, personally, write "non-refundable" and a agreed timescale on my receipts.

if this ISN'T the case, i suggest you write a letter to Mr Wilts Dealer, stating you require the return of said deposit within 7 days of signature(send by Special Delivery). if not forthcoming, then Small Claims.

This can be done online at a cost of £80.00...which should also be refunded if said Dealer is found to be at fault

i also cannot see where myself or Spaniel has been rude to you though??

Just one last question???

why are you buying a Fresian and a Section D for a disabled child?
i wouldn't think either had the temperement for anything other than a fully competent and able bodied rider??

but then that may just be myself being un-PC....so i apologise to any Disabled riders on here.
 

mrjday

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I will tell this story straight. We had a Friesian mare advertised on horsemart. Sam259 rang up about this horse 26/4/09, she asked question about the horse which i answered and then she said she wanted to buy the horse unseen and told me she was sending a small deposit (in comparison to agreed price of the horse) in the post as cash. The deposit was received on 29/4/09 and she told me that she would send the remainder of the balance in the next few days to the bank account details i gave her. I also at this point recommended a transporter to her, which I believe she went ahead and booked.

On 30/4/09 i received a text from Sam259 who said she had sent the full balance of the money remaining to the account details i gave her and she asked me to go to the bank and check it had arrived (which i assumed meant she had sent the money as a same day transfer). On the same day 30/4/09 i went to the bank at 11:55pm ish and checked the balance and printed a mini statement and the money had not arrived. I assumed maybe it would be there the next day 1/5/09.

On 1/5/09 Sam259 texted me again and called me and asked if the money had arrived, i replied the money was not there on 30/4/09 but i will go and check again today 1/5/09. So on 1/5/09 i went to the bank again and checked balance and got mini statement and again the money was not there again. Having be assured that the money would have been there i began to doubt it ever arriving by this stage.

The bank holiday weekend came and went and 5/5/09 rolled round and Sam259 was texting and calling again to check the bank balance, so off i went to do it and no money was there again. By this stage i knew the money was not coming. I spoke to bank manager and they confirmed they could not see the money coming in their 24 hour forcasts and they told me that the money would have been there by now had it been transfered. And i was advised not to let the horse go until the money had arrived. I kept Sam259 up dated that the money had not arrived. On 6/5/09 i was asked to check the balance again (which by now was getting tedious bearing in mind the nearest bank is a way to go) and the money was not there.
Sam259 then told me she was at the Halifax and was going to "transfer the money manually". I was shocked as this told me that the balance of the money had not ever been sent on 30/4/09 as she originally claimed, having been checking day after day as she asked me to leading me to falsley believe the money was sent.
I made the decision myself not to continue with this sale as i was not happy with the events that had occured to this date which had basically led me to completley distrust Sam259.
I told Sam259 i did not wish to continue with the sale and she then shouted and abused our business.
I have sent the deposit back to her address as cash as she would not give me her bank details to send the deposit back to. I have sent the deposit back and i have never stated to her that I am "refusing" to send back the deposit as stated by Sam259.

I have since found out and been lead to believe she is also a dealer. And that there have been other issues of transfering the correct sums of money to other sellers.

The fact of this whole situation is the balance of the money for the horse was NEVER sent to us even though day after day we were asked by Sam259 to keep checking the balance leading us to believe she was sincere.
So maybe you can see the situation and why we did not continue with the sale.

Please notee - And also she never sent money for the Welsh D, their was no agreement about the Welsh D. She actually stated in a text message that she would not be sending the money for the Welsh D.
 

destiny11

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Slightly off topic but can't believe you have to actually visit your bank every time you want to know your balance
confused.gif
 

JM07

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[ QUOTE ]
I will tell this story straight. We had a Friesian mare advertised on horsemart. Sam259 rang up about this horse 26/4/09, she asked question about the horse which i answered and then she said she wanted to buy the horse unseen and told me she was sending a small deposit (in comparison to agreed price of the horse) in the post as cash. The deposit was received on 29/4/09 and she told me that she would send the remainder of the balance in the next few days to the bank account details i gave her. I also at this point recommended a transporter to her, which I believe she went ahead and booked.

On 30/4/09 i received a text from Sam259 who said she had sent the full balance of the money remaining to the account details i gave her and she asked me to go to the bank and check it had arrived (which i assumed meant she had sent the money as a same day transfer). On the same day 30/4/09 i went to the bank at 11:55pm ish and checked the balance and printed a mini statement and the money had not arrived. I assumed maybe it would be there the next day 1/5/09.

On 1/5/09 Sam259 texted me again and called me and asked if the money had arrived, i replied the money was not there on 30/4/09 but i will go and check again today 1/5/09. So on 1/5/09 i went to the bank again and checked balance and got mini statement and again the money was not there again. Having be assured that the money would have been there i began to doubt it ever arriving by this stage.

The bank holiday weekend came and went and 5/5/09 rolled round and Sam259 was texting and calling again to check the bank balance, so off i went to do it and no money was there again. By this stage i knew the money was not coming. I spoke to bank manager and they confirmed they could not see the money coming in their 24 hour forcasts and they told me that the money would have been there by now had it been transfered. And i was advised not to let the horse go until the money had arrived. I kept Sam259 up dated that the money had not arrived. On 6/5/09 i was asked to check the balance again (which by now was getting tedious bearing in mind the nearest bank is a way to go) and the money was not there.
Sam259 then told me she was at the Halifax and was going to "transfer the money manually". I was shocked as this told me that the balance of the money had not ever been sent on 30/4/09 as she originally claimed, having been checking day after day as she asked me to leading me to falsley believe the money was sent.
I made the decision myself not to continue with this sale as i was not happy with the events that had occured to this date which had basically led me to completley distrust Sam259.
I told Sam259 i did not wish to continue with the sale and she then shouted and abused our business.
I have sent the deposit back to her address as cash as she would not give me her bank details to send the deposit back to. I have sent the deposit back and i have never stated to her that I am "refusing" to send back the deposit as stated by Sam259.

I have since found out and been lead to believe she is also a dealer. And that there have been other issues of transfering the correct sums of money to other sellers.

The fact of this whole situation is the balance of the money for the horse was NEVER sent to us even though day after day we were asked by Sam259 to keep checking the balance leading us to believe she was sincere.
So maybe you can see the situation and why we did not continue with the sale.

Please notee - And also she never sent money for the Welsh D, their was no agreement about the Welsh D. She actually stated in a text message that she would not be sending the money for the Welsh D.

[/ QUOTE ]

Thank You for coming on and clarifying Mr Day.....

as i said further up, you seem "up-front" in your ad's
 

sam259

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No deposit has been received what so ever - where is your PROOF???
The situation was explained fully by the Manager of Halfax to the DEALERS as my account had only just been opened and due to the bank holiday the transfer had been delayed.
I was very concerned where the money had actually gone to as it had already been transfered into the womans bank account (which I have written proof)
Any reasonable decent person would understand that there had been a mistake on the Banks behalf but ono understanding was forthcoming.
It was explained by my Bank Manager that the money would be transfered straight away but that also was not good enough for said DEALERS
I have everything in writing hard copy PROOF what do you have absolutely nothing.
Please be advised that you will be hearing from my solicitor as my appointment is tomorrow

My Daughter is an able bodied rider she has been extremely badly scarred by being set light to so how dare you suggest that the horse was not suitable for her. What gives you the right to assess my Daughters capabilities. You are obviously just as bad and just as rude.

I have proof that he has had dealings with Jamie Gray which is where most of his stock comes from
He even purchased stock from Amersham which makes him a total low life.

So I say once again please supply postal PROOF with my signiture as PROOF that the deposit has been sent and received as you will require this PROOF in COURT
If you dont have the PROOF then quite frankly your screwed.

You did not check your bank account every 5 minutes either as you would not answer your phone.

I am currently undergoing breast cancer treatment and just wanted to do this for my Daughter. She had always wanted a Friesian horse and all I wanted to do was full fill her dream.
I cannot believe how cruel some people can be
 

Lippyx

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There is ALWAYS two sides to a story, and sometimes, as a potential buyer, feel slightly confused and worried about going to dealers.

Yes, you do get nasty dealers, but it all comes down to how the buyer and seller are with each other. If you like a horse that a dealer has, you go to SEE and TRY the horse and are made to feel wlecomed, then why not carry on, get it vetted and all being well, go ahead with the deal!!

I think this dealer is the same one that I have seen advertised on said horse site, and ALL the ads I have read all seem VERY honest and welcoming! I would definitely go to see their horses, and if I wasn't made to feel welcome, then I would not carry on with the viewing.... simple as!!

First impressions is everything, I believe, and "buying" a horse without even viewing or vetting (regardless of its value) is a bit mad, and I certainly would never consider this!! But each to there own!!

I'm not slating ANYONE with this post, and don't mean to... its my personal opinion!!
 

JM07

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[ QUOTE ]
No deposit has been received what so ever - where is your PROOF???
The situation was explained fully by the Manager of Halfax to the DEALERS as my account had only just been opened and due to the bank holiday the transfer had been delayed.
I was very concerned where the money had actually gone to as it had already been transfered into the womans bank account (which I have written proof)
Any reasonable decent person would understand that there had been a mistake on the Banks behalf but ono understanding was forthcoming.
It was explained by my Bank Manager that the money would be transfered straight away but that also was not good enough for said DEALERS
I have everything in writing hard copy PROOF what do you have absolutely nothing.
Please be advised that you will be hearing from my solicitor as my appointment is tomorrow

My Daughter is an able bodied rider she has been extremely badly scarred by being set light to so how dare you suggest that the horse was not suitable for her. What gives you the right to assess my Daughters capabilities. You are obviously just as bad and just as rude.

I have proof that he has had dealings with Jamie Gray which is where most of his stock comes from
He even purchased stock from Amersham which makes him a total low life.

So I say once again please supply postal PROOF with my signiture as PROOF that the deposit has been sent and received as you will require this PROOF in COURT
If you dont have the PROOF then quite frankly your screwed.

You did not check your bank account every 5 minutes either as you would not answer your phone.

I am currently undergoing breast cancer treatment and just wanted to do this for my Daughter. She had always wanted a Friesian horse and all I wanted to do was full fill her dream.
I cannot believe how cruel some people can be

[/ QUOTE ]

i've heard Valium is very good....just calm down love.....

and PLEASE stop now with the sympathy cards....they don't seem to be getting you very far...
smile.gif
 

AmyMay

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Sam259 - really, take this somewhere else.

[ QUOTE ]
My Daughter is an able bodied rider she has been extremely badly scarred by being set light to so how dare you suggest that the horse was not suitable for her

[/ QUOTE ]

How do you know it was suitable for her if you bought unseen??
crazy.gif
 

JM07

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[ QUOTE ]
the bottom line is....
no money=no horse.....people don`t give `em away you know?
crazy.gif


[/ QUOTE ]

Didn't you know, Dealers are scum, so they should give them away!!!
 

martlin

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[ QUOTE ]

I am currently undergoing breast cancer treatment and just wanted to do this for my Daughter. She had always wanted a Friesian horse and all I wanted to do was full fill her dream.
I cannot believe how cruel some people can be

[/ QUOTE ]


crazy.gif
crazy.gif
Oh dear, you get some sh1t in life, don't you?
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ihatework

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sam259 I was quite happy sitting on the fence and probably of the opinion that the truth sat somewhere in the middle of both accounts.

But your last post makes you sound like a nutjob, nice to hear of a dealer refusing to sell a horse for a change!
 

spaniel

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What a shame Mr Day has had to come here to sort all this out in public. As far as I know he is an upright and decent dealer and its a shame that some folks have to take things that bit too far on the 'dirty laundry' front.

Perhaps the OP might fare better if she actually VISITED a potential purchase first and then COLLECTED it with cash in her hand?? Radical eh??
 
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