LEGAL HELP NEEDED

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khan

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My friend brought a lovely 5 yo tb mare in january, within 2 1/2 weeks she went lame, and has not been sound since, the initial vet came out and thought that she had sprained her suspensory ligament, but another visit to the vets 3 weeks later (after 3 wks box rest) and x rays, proved that it was a more worrying problem - navicular, she went to newmarket on tuesday and they confirmed navicular and a drop of the pedal bone, and she has had steriod injections in both front legs. My friend has kept in touch with the dealer since purchasing the mare and the dealer denys that she had any problems when the mare was with her, and newmarket say that it hard to pinpoint when the problems began. this woman has told my friend that she'll give her £400.00 to buy the mare back when my friend paid £1800.00 for her. we have been advised to go to citizens advice but my friend is worried that they won't be able to help. When she told this woman that we would be going to the CAB she was horrified and said that she had a really good reputation and would never sell a "dud" horse, however, everyone who we've spoken to suddenly has something to say about her, and have heard awful reports about her.

She really is a lovely mare, and it really is horrible and will be heartbreaking, but, my friends last horse had to be pts in october, which was devestating for all of us and she really doesn't need anymore worry or heartbreak.

Any help or advice please of where to go first?

Coffee and Cookies if you've got this far.
 
Was the horse vetted prior to purchase? Is the horse insured?

Even if the horse was vetted, you can only prove that the horse was sound on the day of vetting. A few years ago I bought a JA pony who went lame a week after purchase - it took a further 3 months to diagnose him with degenerative joint disease in the coffin joint which put an end to his BSJA career and my dreams of riding him at HOYS. We ended up claiming loss of use. The private seller I bought him from genuinely knew nothing about his underlying lameness.
 
I have a friend going through similiar problems they have jsut been sold a horse that has been aged incorrectly.We were advised to go to trading standards who have been very helpful.The post is on here under urgent advice needed if you want to look at feedback.Hope it works out .
 
I would go to your local CAB.

I can't understand why your friend won't go because she is worried they won't be able to help?

If they can't help then so be it but she won't know unless she goes!!

She won't know unless she goes, and the best bit is, it is free so nothing to lose by giving them a try.
 
It would be interesting to go back to the vetting and blood tests to see if anythin of note was reported and obviously if there were any drugs in the system.

If the horse was not vetted then not sure what options your friend has.
 
the problem with navicular it comes and goes, it could well be that the dealer knew nothing about this issue and would be hard if not impossible to prove otherwise. if you cant prove otherwise then I dont think you have a case against her.

you could try ringing the local vets to find out who deals with this ladies business, then see if you can get a lawyer to ask the vet to disclose this mares history whilst under this ladies care. Probem is vet has a confidentiality clause, meaning only legal action will get this information, however he/she may prove to be friendly enough to say "no never gone lame" etc etc I would only think they would clam up if there WAS an issue, which may give you a clue as to take legal action or not.

in regards in her reputation, you will always find one customer that feels put out, or if this lady has been running for some time - several persons. its the nature of business especialy with horses.

the fact that she is offering you something for the mare is good.

I always buy horses from dealers as you are somewhat protected by law if the horse proves unsuitable and most do come with warrenties, most of the ones I have brought comes with 3 months "swap" warrenty.
 
the problem with navicular it comes and goes, it could well be that the dealer knew nothing about this issue and would be hard if not impossible to prove otherwise. if you cant prove otherwise then I dont think you have a case against her.

you could try ringing the local vets to find out who deals with this ladies business, then see if you can get a lawyer to ask the vet to disclose this mares history whilst under this ladies care. Probem is vet has a confidentiality clause, meaning only legal action will get this information, however he/she may prove to be friendly enough to say "no never gone lame" etc etc I would only think they would clam up if there WAS an issue, which may give you a clue as to take legal action or not.

in regards in her reputation, you will always find one customer that feels put out, or if this lady has been running for some time - several persons. its the nature of business especialy with horses.

the fact that she is offering you something for the mare is good.

I always buy horses from dealers as you are somewhat protected by law if the horse proves unsuitable and most do come with warrenties, most of the ones I have brought comes with 3 months "swap" warrenty.

if you dont have insurance, only alternative is to breed from her, or loan her out as companion.
 
She wasn't vetted, but what is frustrating is that my friend and the dealer spoke for a long while on the phone, with my friend sobbing her heart out about her tb mare which was pts, and i think she was more or less sold over the phone (it doesn't help that this horse is the spit of her old one). She is insured, but she was sold as an 'allrounder' and they've only ridden her for 2 weeks in 3 months. i will tell her to contact trading standards and C A B.
 
[ QUOTE ]
She wasn't vetted

[/ QUOTE ]
Oh Dear
crazy.gif
 
i had a friend that bought a pony that after 4 weeks was lame and the vet said it was navicular. the seller was not a dealer but denied any knowledge and would not take it back. they had a 5 stage vetting done and bloods taken. when they tested the blood there was something that showed up. it then turned out the seller had one vet treating the navicular and another doing annual jabs. i know it seems not a lot £400 but if she has no insurance it could cost her a lot of money in the long run.
 
personally i would keep trying with the dealer, especially as she is worried about her reputation. I purchased a horse from a dealer last September, Newmarket did a 5 stage vet and passed him, took him home and he was lame the next day, got Newmarket out again and we then took him into surgery for xray, he had holes in the navicular on both of his front feet. I was advised that he would be a very expensive pet to keep as an ornament and although already attached I had to take him back. I got the same rubbish about they knew nothing about it and they were completely shocked, how do you know when he got them and also the report from the vets wasn't that clear, anyway I stuck to my guns and although I wanted my money back they would only give me an exchange, although I picked this up very early navicular comes and goes, you can ride for months without problems and then you can have 6 months of pain, you must not breed from her as this will be handed down in her offspring. The only problem is not having a vetting but then I assume she was sold as sound - are there any T&Cs on her website? By the way after another one that failed I ended up with a lovely boy however I have noticed that the original horse I bought with the Navicular is back on the website being sold for £250 less and under a different name!! Not everyone cares about their reputation!! Good luck as I know how terrible it is x
 
Where did the dealer get the horse from,how long did they have the horse.
Do not breed with the horse [as someone suggested ] navicular can be hereditary and there are enough bad horses in this world.
I feel very sorry for your friend and the insurance may not want to pay out as they will say the condition was there before insurance.Terrible situation.
 
I heard on another sites u have more right if you purchase from a dealer than a private sale . Ive seen horses be sold and one in particular that sticks in my head was one that was vetted and died on a umping course at wixs . They took the dealer to court or where ever u go . They got there money back and also compensation for the tradgey of the loss ect. Also cab can only help with small legal cases of samll amounts of 5grand and under my partner was told this in birmingham as he had problems with a car . That had problems well beore he bought it .
 
The fact that the horse has been bought from a dealer means that your friend can take action against the dealer for recovery for the full amount of money she paid for the horse, together with any costs in keeping the horse and any legal costs that she incurs.

She needs to instruct an equine solicitor (I can provide you with contact details of some) to take action on her behalf so that the matter is resolved as quickly as possible.

Peter Natt BHS Volunteer Representative Hertfordshire
 
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