how do i stand legally? sorry long

twisteddiamond

twisteddiamond

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i bought a horse two weeks ago, she is lovely and exactly as the seller described her, but, when we went to collect her i asked about her passport, the seller said it was packed into the bag with her rugs, stupidly i never checked until we got home (long drive, after 8hr shift at work), the passport wasnt in the bag, so i contacted the seller, seller said it was in another bag that i hadnt been given, could the have my address and they would post it to me. the passport hadnt arrived last week so i contacted the seller they said they had been busy at work and had posted it on the thurs, so i waited and waited and the passport still hasnt turned up, the seller is claiming it must have got lost in the post, so where do i stand and how do i proceed from here?
thanx in advance and cookies if you got this far
 
Have you checked to see that she actually has one? Try www.nedonline.co.uk to see if she is registered and it should tell you the name of the issuing organisation. You can then contact them and explain that a duplicate might be needed.

If she is of no recorded breeding you can always get another one done but this will be a pain as you'll have probably lost her vac record too.

It is an offence to sell a horse without a passport but doubt that will be much of a threat to the seller.

Good luck
 
im sorry for your trouble and i would drive back down there and see for myself the proof of posting, as you would never post a passport without proof of posting ect, you could match with the date she/he claims the passport was posted to you! Also is so important that when they hand you the lead rope the passport is passed to you in the other hand! What was in the other bag with the passport then, didnt you have all the horse required when you left, seems very odd????
 
Under s. 19 of the Horse Passports (England) Regs 2004 no person is permitted to sell a horse without a passport.

Upon sale, the seller must give the passport to you. You must then, within 30 days of purchase send to the passport issuing organisation giving your name and address and the name and identification of the horse.

By virtue of s.24, if the seller does not give you the passport she will be in breach of statute and liable to a fine.

Perhaps you could let the seller know that failure to send the passport to you within the next 7 days will you leave you no option but to notify the relevant authority (DEFRA). She is currently preventing you from issuing the passport/transferring the horse into your name which also means you could be in breach. Don't panic! You have good reason - she doesn't.
 
it had her stable rug in, she only came with her rugs, one of which went straight in the bin, as it had a hole in you could have driven a bus through and the front clips were ripped off leaving another hole in the front
 
just found this on WPCS website:
16. TRANSFERS OF OWNERSHIP

Notification of transfer of ownership of ponies or cobs registered/entered, must be completed before registration/entry of their progeny can be accepted. It is the responsibility of the vendor of the pony or cob to notify the Society, sign, date and surrender the Registration Certificate/Passport for endorsement and pay the relevant transfer fee.

does that mean the seller should have sent the passport back to get the change of ownership sorted or am i reading that wrong?
 
Have you ever seen the passport? How do you know that she is a Welsh D? She might not even have a passport or be registered.
 
Ask the seller for her registered name and WPCS registration number, proof of vaccinations etc. to get a new one.
Otherwisie you may notbe able to registre her and would have to start all her vaccinations again.
She should have a photocopy of her passport somewhere, most owners do keep one just in case original is lost.
 
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