Help - what do I do????

[poppynurse]

I recently bought a pony for my novice 11 yr old son from a dealer who I thought I was friends with. The pony has turned out to be completely unsuitable due to napping big time and rearing. I went back to them several times and told them what it was doing and they fobbed me off. I asked them to take it back after a week and then again more forcefully after two weeks, they kept me waiting a week before saying no there's nothing we can do. So I put it in writing and hand delivered, they denied receipt so I emailed it, and then sent another letter by recorded delivery but they have still not responded another week down the line.
Am I being unreasonable in expecting them to take it back? (My child is now really scared of it). Is legal action likely to be worthwhile? Any advice or similar experiences appreciated!!! Help!

 

[horsegirl]

No they should take it back and either let you choose something more suitable or refund your money. My parents bought a horse 25 years ago for me and my brother and we think it must have been sedated when they viewed it as it turned out to be unrideable they dealer took the horse back and swapped it for another unsuitable animal which was also sent back then my parents were unable to get in contact with them for a refund. They took the dealers to court and won as they did not turn up but needless to say they never paid up and the court did not really bother to collect. You might be better off to sell on to a more experienced home even if you lose money that is better than losing all the money and buy something else, get it on trial.

 

[Blizzard]

You can take thme to court if you bought from a dealer but to be honest whether its worth it depends on how much you paid for the pony.

You will incur legal fees and the dealer may not even pay up.

Can you exchange him, if not it will be a case of selling him on unfortunately.

How was the pony when you tried it?

 

[horsegirl]

As long as it is a small value (under £5K I think) you can go to the small claims court which will cost about £20 to apply and you do not need legal representation.

 

[poppynurse]

I paid £2250 and I am reluctant to sell him on because of his issues, plus I have no-one to ride him. They won't talk to me about exchanging him.......so I may have no option but to go to small claims (I did pay by credit card so can pursue the CC company as well).

 

[Gingernags]

If its a dealer - go to trading standards - you are covered if the pony is not suitable for the purpose you purchased it - and a rearing pony is not suitable for kids!

You are entitled to your money back or an exchange.

Give them a ring.

 

[poppynurse]

I've done that and they helped me write the letters I've sent to the dealer but because the letters have been ignored they say all I can do is go to court. Has anyone here done that - successfully/unsuccessfully?

 

[Blizzard]

I have a friend who threatened a dealer with going to court, and they agreed to take the horse back and resell it, charging 1k off the value of the horse in the process, and my friend got the remainder of her money, 4k , when the horse sold.

I woudl take her to court if you paid that much definitely.

 

[the watcher]

You can take them to court, and you may well win..extracting the money out of them, even then, will be the challenge. You need to threaten not only the Court, but the subsequent publicity too (assuming you win)..that might have more impact on them
Whatever you do don't let them take the horse back to 'sell on your behalf', it is a frequent tactic of some dodgier dealers, of course you never see the money and there is always some hard luck story

 

[OWLIE185]

Go to the Fair Trading Standars officer and they will take the matter up on your behalf.

You also need legal advice. They will probably advise you to send a letter to the dealer by 'Signed For' delivery rejecting the horse and stating the reasons. You can also advise them that in addition to the sum you paid for the horse you will also be claiming for all expenses incurred by you in keeping the pony until they collect it. Make them sign and date a receipt whee they collect it.

At the same time you should apply to the small claims court and reclaim your money plus all expenses in keeping it until they collect it.

Hope this helps.

 

[OWLIE185]

Also phone the Credit Card Company and ask them to do a charge back.

 

[filly190]

I would immediately approach the credit card company and explain the situation. They will hopefully recredit your account and then the dealer will be begging to take the pony back.

 

[poppynurse]

I spoke to the credit card company and they would not discuss it, they said to write, so I did. 2 1/2 weeks later still no reply so sent another letter recorded delivery making 'time of the essence' and giving them seven days which is up tomorrow - still no reply. And I still have the pony......

 

[poppynurse]

I spoke to their solicitors today and within half hour they had rung me and suggested that they take the pony and sell it for me......but declined to put it in writing. Surely if they do this the new owner could sue me if they had a problem with him...and how do I know if they'll actually give me any money aaargh!!
I also spoke to CC co who said it could be weeks before they reply........
Poor pony sits in field costing me a fortune in the meantime I spose..........