HELP!! Buyer in a mess

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Sorry * see a solicitor and say you have asked for your money back explain what has happened showing texts, bank statements and any other correspondence including this contract she is drawing up as it will contradict any text messages saying u could take him etc etc. personally i think she is taking the p*** out of you and has no intention of allowing you to have the horse :( i certainly would get legal advice Asap !! And dont hand another penny over until you have a the view of a legal professional who can advise you better than us probably but tbh i think u have a reasonable case and providing you have plenty of evidence eg bank statements, texts , contracts and anything else u can possibly think of. Good luck hope it works out for u :)
 
robynandTilly said:
Sorry * see a solicitor and say you have asked for your money back explain what has happened showing texts, bank statements and any other correspondence including this contract she is drawing up as it will contradict any text messages saying u could take him etc etc. personally i think she is taking the p*** out of you and has no intention of allowing you to have the horse :( i certainly would get legal advice Asap !! And dont hand another penny over until you have a the view of a legal professional who can advise you better than us probably but tbh i think u have a reasonable case and providing you have plenty of evidence eg bank statements, texts , contracts and anything else u can possibly think of. Good luck hope it works out for u :)
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+1

Personally I'd get a free 1/2 hour consultation and a letter sent out off the back of it asking for a full refund due to breach of contract (verbal).

If she hardballs pay for further legal help.
 
WelshD said:
But the point is you didnt have a proper contract

You could argue that the original discussions formed a verbal contract but then if that was watertight you wouldnt be asking a forum for advice would you?
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Welsh D - with the greatest of respect, if you can't offer any positive pointers to move forward, please don't comment. Like I said, this is not even half of the full story. I have been dealing with this since August. A forum, trust me, is my last resort, but luckily some people have suggested useful things/made valid points so far, so I am grateful to them.
 
Spotted cat - a brilliant point!

so if she needs one and doesn't have one, she shouldn't have dealt with me in the first place....

Thanks for the heads up!
 
lapetitebruyere said:
Spotted cat - a brilliant point!

so if she needs one and doesn't have one, she shouldn't have dealt with me in the first place....

Thanks for the heads up!
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If she needs one and doesn't have one, then the contract she has with you (which does exist as you have texts to prove it), is totally unenforceable. I am no expert on whether she would need a licence or not, but it is certainly an angle worth investigating as you could throw that at her too.

http://www.oft.gov.uk/OFTwork/credi.../;jsessionid=8D1E260E5E7916AC2602A89AA597047A
 
lapetitebruyere said:
Spotted cat - a brilliant point!

so if she needs one and doesn't have one, she shouldn't have dealt with me in the first place....

Thanks for the heads up!
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If you go down this route I would imagine that you would have to go to court for your money back.

I'd keep that up my sleeve and try to get my money first and then go to them afterward. Or go to them if trouble getting money back quickly.
 
Spotted Cat - you may be on to something. The 2nd link you sent talks about websites too - and she has one and my boy is advertised on it - marked as sold as soon as deposit was paid.

I just called them, but they closed at 5, so will ring them first thing in the morning.

THANKS!!!!!!
 
I am not going to compromise on my ability to help my Dad with his medical treatment, but am going to see if it is feasible to get lump sum for remainder and take it along with horse box and a friend and collect him this weekend. But I'd rather lose the horse money than be unable to help my Dad through his treatment.
 
And if you want to wait on NHS waiting lists, that's fine.... We are not risking time with my Dad's condition, but that is all I am going to say about this.
 
I'm a bit confused. If you only have a few months of installments left, then surely a bank loan or cc wouldn't be any harder on your monthly outgoings? Most loans are a minimum of 6mnths, so if anything you'd have less to pay each month. Not sure why you'd be able to pay the dealer monthly but not a bank without effecting whatever you are paying for your dad.
 
littlelegs said:
I'm a bit confused. If you only have a few months of installments left, then surely a bank loan or cc wouldn't be any harder on your monthly outgoings? Most loans are a minimum of 6mnths, so if anything you'd have less to pay each month. Not sure why you'd be able to pay the dealer monthly but not a bank without effecting whatever you are paying for your dad.
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^^^^
This
 
Tesco credit card 0% interest with a cash advance (think thats 2% but check) for 16 months might get you out of this mess. I think it might be the cheapest way out. I don't think she's going to give you your money back without a fight.

If you got BHS gold membership online now no doubt you could phone legal helpline for specialist advice tomorrow.
 
Sorry but this is incredibly naive.... nothing in writing before this payment scheme started, which could have covered all the issues raised. I would have wanted a proper legal arrangement tbh.

This post just does not add up, smell a rat I'm afraid, not sure why, I just do.
 
You're really not quite the quiet gentle pushover your friend painted you as, are you? So just get a loan, turn up with a lorry, pay the woman and take your horse. Job done, no solicitors and court expenses involved.
 
FfionWinnie said:
Tesco credit card 0% interest with a cash advance (think thats 2% but check) for 16 months might get you out of this mess. I think it might be the cheapest way out. I don't think she's going to give you your money back without a fight.

If you got BHS gold membership online now no doubt you could phone legal helpline for specialist advice tomorrow.
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I agree, IF you manage to get your money back it's not going to be easy and will work out v.costly. I know that you are paying towards medical care, but DIY will be a lot cheaper than what you're paying now so with the extra cash pay off the credit, at least you'll have the horse. However, this brings me to the point of: have you actually seen the horse since you have started paying out? You say that the dealer is always making excuses etc - I would be very tempted to make a surprise visit just to make sure the horse hasn't been sold elsewhere and she's still taking the money off you.....Sorry for the doom and gloom but it's worth checking.
 
hope you get the situation sorted out.

One thing that went through my mind though - what would have happened if he'd gone lame or been injured before he came to you whilst you were paying instalments? Suppose its irrelevant but that would have worried the hell out of me if i was paying for a horse i didn't have! I know hindsight is a wonderful thing but i wouldn't have parted with even £1 without something in writing first.
 
Shys mum, no rat sorry buddy!

Just one of my friends who is in a bit of a pickle.

The lawyer Heather contacted was an equine lawyer (based in Biggar) i also know of another one in Edinburgh I need to give her the number of.

And before anyone jumps on and accuses me of setting up another account because I'm bored (which I've seen done before ;) ) both IP addresses will be different...
 
No I am not a pushover or a walkover.

I entered a verbal agreement- which is legally binding may I add - and I want that fulfilled.

So thanks for all your advice on credit cards etc - If that was the route I wanted to go down, I could have done that in the first place. There is more to this than that.

Once again, I thank the people who have posted useful advice.
 
well the simple answer is to not ask for advice on a forum, especially if there is more to it than you have said - how can people give the right answers ?

If the verball agreement is legally binding, then you have nothing to worry about - take it to the small claims court, and you will win. Problem sorted.
 
lapetitebruyere said:
No I am not a pushover or a walkover.

I entered a verbal agreement- which is legally binding may I add - and I want that fulfilled.

So thanks for all your advice on credit cards etc - If that was the route I wanted to go down, I could have done that in the first place. There is more to this than that.

Once again, I thank the people who have posted useful advice.
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Sorry, but this got my back up a bit. You asked for advice and the realistic option from the info you gave us was for court action or take out credit. If you don't want anyone to suggest those then perhaps more info would be useful.
 
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