HELP

[aimz89]

Hi everyone, I sold a horse of mine for a sum of 1800, he was bought as seen not vetted etc and I sold him in the knowledge he was sound fit and health (having had no problems from him since i got him 3 years ago) i aquired him from a racing yard where i paid nothing for him, and just took him with the owners permission. i have since not heard from them in the 3 years i have had him. si sold him on the 1st jan 2012. three weeks later the owner has rung and said she had taken him to the vets to get his teeth done and they have diagnosed him with wobblers (!?) I have had no proof of this only her word. I am slightly dubious as since i have had him he has showjumped to 1m 10, done hunter trials and took pat in his first show coming 2nd from a class of 40. He has never given me cause for concern and has always been in full good health. she wants her money back now. i have since got the horse back and he is covered in sores and has a large puncture wound to his chest. He has had his shoes oin for way too long and one is virtually hanging off, he also has large white spots on his back where the saddle has been. i do not have the 1800 pounds as i used it to pay off debts, she i saying if i do not pay her back via getting a bank looan etc then she will take it further and i will be in alot of trouble. turns out she has rung the yard i got him from and they told her that i agreed to keep him forever-which i didnt, none of this was mentioned to me when i took him!!!!! I would have not taken him otherwise as i only want the best for my horses. I do not have alot of money (i am a mature student) where do i stand. it is stressing me to the maximum and she is really being very nasty! sorry for the essay but i am stressing ... can anyone help me please :*

 

[maggiesmum]

The buyer should have had him vetted, seek legal advice asap..
Taking him back might not be helpful to your case but take photographs of his condition and get a vet out to write a report on his condition too, keep a diary of all threats and don't delete any threatening texts.
What you did or didn't agree to do with him when you first got him is irrelevant especially if its not in writing, ask to see the vets report on the diagnosis.
But GET legal advice!

 

[AmyMay]

Tell the buyer to stroll on.

But for the welfare of the horse, I'd have to come to some sort of agreement with her.

How long has she had the horse for??

And i agree with everything that Maggiesmum has said.

 

[aimz89]

i have already asked advice, apparently i do not owe her a penny, but this was before she decided to ring the yard i got him from (seems i have been conned somewhere also) thank you for your reply

 

[aimz89]

she had him all of three weeks!!!!! upon him being sold she tried him 3 times before hand (one time i could not be there so my other half was) she had free use of all facilities etc and they did not even broach a vetting, i would have been happy with them to have him vetted. i have photographs and such .

 

[lcharles]

What does the previous owner at the racing yard think? are they involved?!

If it was a car, i'd say tell them where to go, dont have it back, its one of those things that happens and its back luck.

The problem is your emotional attachment to the horse and you're concern for 'if i dont have the horse back' where will it end up especially if its in the state your saying. How long have they had it?

A friend of mine evented her horse very successfully but he was diagnosed with wobblers so that isnt impossible.

Why should you give them the money back? It is there horse, they should of insured it and then they would have been paid out if they had been responsible! Why should their irresponsibily cost you?!

Do you want the horse back? How do you feel about it?

A horse with wobblers, if it has wobblers, is worth nothing. Why do they think its your problem?

If you had sold the horse knowing it had wobblers, if thats what they are saying....then get your vet report to show its never been an issue but i still dont think this is the problem.

They may not want the horse as its been naughty etc and hope that you'll give them the money back, which they have no right to do! x

 

[aimz89]

he is a VERY quiet sane and sensible horse. i am not debating that he doesnt have it however my argument is that i did not know that he did? she says the yard said that i did know. which i didnt! so now it seems as they are trying to cover their backs - i would not have taken him as a 2yo if i had known this. i have since got him back in a poor state....i would be happy to refund her for a peaceful life but cannot afford to do so in one lump sum!!! she is being very foul and wont believe a word i say just yells down the phone at me.....i just want it sorted asap.....she also said 'none of this looks good on your future' i am tearing my hair out

 

[AmyMay]

she had him all of three weeks!!!!! upon him being sold she tried him 3 times before hand (one time i could not be there so my other half was) she had free use of all facilities etc and they did not even broach a vetting, i would have been happy with them to have him vetted. i have photographs and such .

Mmmm, White hair does not appear so quickly, as far as I'm aware. And presuming the horse was newly shod prior to purchase, 3 weeks is not too long for shoes to be on.

Sounds like a complicated situation. But I certainly wouldn't tear my hair out.

Remember, the onus is on her to prove that you sold the horse under false pretensions. Let her do the worrying and spend the money.

Hope you find a good resolution for the horse.

 

[jrp204]

Cynic hat on - Sorry, but i don't get it. You sold this horse 30 days ago? 1st of Jan 2012. He has come back with (quote) 'i have since got the horse back and he is covered in sores and has a large puncture wound to his chest. He has had his shoes oin for way too long and one is virtually hanging off, he also has large white spots on his back where the saddle has been.'
In 4 wks??
Other hat on - The purchaser doesn't have a leg to stand on and the previous owners saying you offered a 'home for life' means nothing. He has wobblers?? what proof is there as the horse wasn't vetted (unless this was a previous undisclosed condition). You have the horse back, why? I would put in writing livery charges for the horse until this is sorted, they are trying it on.

 

[aimz89]

sorry should have made it clear i got him back on sunday. three days after she rang me saying something was wrong with him. and yes i know i am a soft sod and should have told her to get lost! i dont want to get into any trouble.

 

[be positive]

I think you first need to find out if he is a wobbler, at the moment it sounds like just her word and the racing yard may have suspected it but not had a diagnosis. It is unlikely that he is and you have genuinely not noticed.
Then you need to come to an arrangement with the owner, she should of vetted and had insurance when he was purchased. I would ,if he is sound, agree to resell him on her behalf and give the proceeds, after expenses, to her when he is sold. She should really consider herself lucky if you do this as you have no obligation to do so.

 

[lcharles]

Call her bluff, tell her that you have seeked legal advice, she has 24 hours to collect the horse otherwise she will charged £20 a day for you looking after it. Tell her she bought the horse, she choose not to have it vetted, she hasnt insured the horse and if it has wobblers or not, it is not your responsibility! Tell her to prove that you 'knew' it had wobblers and unless she can then it is not your issue. If you cant speak to her, email or write to her. The horse is not your responsibility and do not give her a penny back!! x

 

[AmyMay]

I think you first need to find out if he is a wobbler, at the moment it sounds like just her word and the racing yard may have suspected it but not had a diagnosis. It is unlikely that he is and you have genuinely not noticed.
Then you need to come to an arrangement with the owner, she should of vetted and had insurance when he was purchased. I would ,if he is sound, agree to resell him on her behalf and give the proceeds, after expenses, to her when he is sold. She should really consider herself lucky if you do this as you have no obligation to do so.

Really, really great advice.

 

[aimz89]

Cynic hat on - Sorry, but i don't get it. You sold this horse 30 days ago? 1st of Jan 2012. He has come back with (quote) 'i have since got the horse back and he is covered in sores and has a large puncture wound to his chest. He has had his shoes oin for way too long and one is virtually hanging off, he also has large white spots on his back where the saddle has been.'
In 4 wks??
Other hat on - The purchaser doesn't have a leg to stand on and the previous owners saying you offered a 'home for life' means nothing. He has wobblers?? what proof is there as the horse wasn't vetted (unless this was a previous undisclosed condition). You have the horse back, why? I would put in writing livery charges for the horse until this is sorted, they are trying it on.

he was due to have his shoes done the week after he went to them (they asked us when they were dues, we told them) he had not had them done at all and went with the same set we sent him with.

 

[Tallante]

...she says the yard said ...

What have 'the yard' said to you this year?

 

[aimz89]

sorry me again - she also claimed she took out insurance yet did not take out loss of use?! she is also threatening to put expenses on top of the 1800 (for coming to pick him up when they bought him, returinging him (diesel costs) wormer for him while she had him and the bill from the vets when he went to get his teeth done!)

 

[aimz89]

What have 'the yard' said to you this year?

the yard i got his from have said not a word to me since i took him away almpst three years ago!!! i have updated them twice as to his progress which i recieved a text in the nature of - 'thanks for the update really glad he is doing well,'

they have made no attempt to contact me what so ever.

 

[aimz89]

Call her bluff, tell her that you have seeked legal advice, she has 24 hours to collect the horse otherwise she will charged £20 a day for you looking after it. Tell her she bought the horse, she choose not to have it vetted, she hasnt insured the horse and if it has wobblers or not, it is not your responsibility! Tell her to prove that you 'knew' it had wobblers and unless she can then it is not your issue. If you cant speak to her, email or write to her. The horse is not your responsibility and do not give her a penny back!! x

thank you. to everyone, much appreciated. i am quite the worrier! x

 

[noodle_]

tell her to jog on


DO NOT give her any money!!

 

[lcharles]

I think because you've taken him back she thinks your 'admitting to it' and now going to try and get everything out of you. Its hard not to let this get to you but you have to be strong to fight back x

Not a nice situation to be in x Tell her to pick it up, otherwise drop it back to her and tell her to take you to small claims court if she can prove you are responsible. Dont back down to her. xx

 

[aimz89]

tell her to jog on


DO NOT give her any money!!

I will un doubtably get a letter through my door within the week if i told her this. i really do feel like telling her to stroll on, i just dont want any trouble!

 

[forestfantasy]

Call her bluff, tell her that you have seeked legal advice, she has 24 hours to collect the horse otherwise she will charged £20 a day for you looking after it. Tell her she bought the horse, she choose not to have it vetted, she hasnt insured the horse and if it has wobblers or not, it is not your responsibility! Tell her to prove that you 'knew' it had wobblers and unless she can then it is not your issue. If you cant speak to her, email or write to her. The horse is not your responsibility and do not give her a penny back!! x

This ^^

 

[aimz89]

I think because you've taken him back she thinks your 'admitting to it' and now going to try and get everything out of you. Its hard not to let this get to you but you have to be strong to fight back x

Not a nice situation to be in x Tell her to pick it up, otherwise drop it back to her and tell her to take you to small claims court if she can prove you are responsible. Dont back down to her. xx

i did point out to her on the phone (upon the advice of a solicitor friend) that i accepted no blame for the situation but took him back as i didnt wish to see him with nowhere to go x

 

[maggiesmum]

I will un doubtably get a letter through my door within the week if i told her this. i really do feel like telling her to stroll on, i just dont want any trouble!

Unfortunately like it or not you already have trouble! Rolling over and letting her walk over you is an option if you fancy paying off a bank loan for the next few years - I know that sound harsh but its the reality of it!

Don't be drawn in emotionally, stick to the facts only! As a buyer not having a horse vetted is a risk you take and provided your vets don't have it on their files that he was diagnosed with wobblers whilst in your care you shouldn't have too much to worry about.

 

[aimz89]

Really, really great advice.

fab advice i agree but i cannot risk selling him to someone else incase he does have wobblers - not fair on the horse or the buyer, i try to be as honest as possible - now im not sure where to go. taking it all in though guys thanks xx

 

[AmyMay]

i just dont want any trouble!

Well, you can't avoid that, I'm afraid.

You have some excellent advice, especially from Be Positive.

Let us know how you get on.

 

[Gracie21]

Aimz89, you poor poor person!!

There has been some excellent advise given on here. She has nothing on you, she's just trying her luck.

I really hope it works out for the best for you xxx

 

[aimz89]

Unfortunately like it or not you already have trouble! Rolling over and letting her walk over you is an option if you fancy paying off a bank loan for the next few years - I know that sound harsh but its the reality of it!

Don't be drawn in emotionally, stick to the facts only! As a buyer not having a horse vetted is a risk you take and provided your vets don't have it on their files that he was diagnosed with wobblers whilst in your care you shouldn't have too much to worry about.

incredibly difficult-he was never diagnosed with anything-only had the vet out to look at a kick to his shoulder and his routine injections x

 

[AmyMay]

fab advice i agree but i cannot risk selling him to someone else incase he does have wobblers - not fair on the horse or the buyer, i try to be as honest as possible - now im not sure where to go. taking it all in though guys thanks xx

As Be Positive advises, you have him tested.

If he is a wobbler it's not necessarily the end of the world - and of course you'd have to declare it in any sale.

 

[aimz89]

Aimz89, you poor poor person!!

There has been some excellent advise given on here. She has nothing on you, she's just trying her luck.

I really hope it works out for the best for you xxx

thank you xx