Horse Back to Dealer- still no refund

Veronastyle said:
I have created an account to also hop in and share that I had very similar experiences, very similar excuses and very similar stress in trying to get my money back from LR.
She is incredibly slippery to deal with and there is a vaguely plausible excuse for everything so I gave her the benefit of the doubt for far too long. I looked at all the 5 star reviews and trusted her. I did research beforehand (clearly not enough) but didn't see any of these Horse and Hound posts or anything in Dodgy Dealers. I can't even post this on the linked post above as it has had its replies closed - so apologies Peaches24 for derailing your post somewhat.

After several failed buying experiences, the two week trial sounded like a good idea. In hindsight, the poor horse was probably being bounced from yard to yard and had not been at their yard for the length of time Lynn stated. Issues that cropped up were...
Horse could not travel before a certain date as he was due the farrier.
Horse could not travel as their transport had broken down.
Important (and it ended up being deal-breaking) information was disclosed just before horse was due to arrive - after I had paid for strangles test, paid my deposit and paid for transport to my yard so I felt obliged to continue and hope for the best.
Horse arrived with undeclared lumps and bumps
The saddle which came with the horse did not fit
Horse was sent back and Lynn confirmed she was all ok and everything was well. Then the excuses about why my money hadn't been sent back started which included reaching a daily spend limit and scheduled payments not going through. Her contract means nothing, she paid me well outside the 2 weeks she writes into her own contract. You have to be really persistent to get your money back and not rise to the lengthy messages she sends with excuses, accusations and guilt trips.
Click to expand...
Was the horse called Lady?
 
I found myself in exactly the same situation with LR - waiting for farrier which never happened as he arrived unshod behind & worn shoes with overgrown fronts, transport let down, saddle was an appalling fit. Pony when arrived was mannerly on ground & in stable BUT (having been advertised a child's best friend?) on first & only short hack which my wonderful lightweight hubby insisted he was going to have to see if pony was safe for me napped, span & then tanked off big time. Got usual guilt trip/it's your fault when told pony would be returned asap.

I too had been taken in by glowing reviews but 2 very helpful members gave me great advice. And after 2 weeks up I sent strongly worded email - and must just have got lucky i.e. she had just taken some other poor sod's money as I got a full refund within 2 hours, although transport costs/strangles test came to £1K I could do with now. Would avoid at all costs.
 
Where money was taken for a non-existent horse and held for a number of weeks, this involves both potential fraud/criminal elements and civil law issues.

If you eventually received the full value back, the primary focus shifts from recovering the money to reporting the fraudulent activity and potentially seeking compensation for any loss or distress caused by the delay.

Here is a breakdown of what you can do:

1. Report the Fraud/Crime

This is the most important step for a "phantom sale" as it suggests a criminal intent to deceive and steal.

Action Fraud (Police): You should report this to Action Fraud, the UK's national reporting centre for fraud and cybercrime.

Online: Report it through their website.

Phone: Call 0300 123 2040.

Reporting this provides a crime reference number, which can be useful for your bank or for any further legal action. The National Fraud Intelligence Bureau (NFIB) can then investigate.

Your Bank: Inform your bank about the fraudulent transaction. Even though the money was returned, they may need to be aware of the account that received the funds for their own internal fraud protection and to potentially take action against the recipient's account.

2. Seek Consumer Advice and Report to Trading Standards

Even in a private sale, the behaviour is highly suspicious and warrants a report to consumer protection bodies.

Citizens Advice Consumer Helpline: Contact the Citizens Advice consumer service.

England/Wales: 0808 223 1133

They can provide advice on your rights and can pass on details of the scam to Trading Standards for potential investigation. Trading Standards can investigate if the seller is acting as a "trader" or "dealer" (even if they claim to be private), but generally do not get your money back for you (though they can prosecute the scammer).

3. Civil Action for Loss or Damages (Legal Recourse)

Even though your original money was refunded, the seller's actions may have breached the contract and could give you grounds to claim for other costs or interest due to the time delay.

  • Misrepresentation: The false statement that a horse existed, which induced you to pay, is a form of misrepresentation. Since you eventually got your money back, the contract is essentially voided, but you may be able to claim for losses.
  • Breach of Contract (Failure to Supply/Late Refund): The seller failed to provide the "goods" (the horse) and then took three weeks to process a refund.
    • Potential Claim: You could potentially make a claim for damages (financial loss) incurred as a direct result of the seller's actions and the three-week delay. This might include:
      • Interest: Interest on the money they held for three weeks.
      • Specific Expenses: Any bank charges, or other costs you incurred because the funds were unavailable for those three weeks.
  • Small Claims Court: For sums up to £10,000, you can use the UK's Small Claims track (part of the County Court). This is a route for individuals to resolve legal disputes without expensive lawyers, although the process can still be complex.
 
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