Legal Issues with horse

SarahRicoh said:
Also, cptrayes where are you getting your information from for me to take you on and believe your right? If your right then brilliant thanks for clearing it up for me, if not it could just be what you think... I'm not wriggling thankyou very much. She sold the pony as having issues and it rears...
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What an honest owner.

Shame she did not find an honest buyer.
 
As I have had the pony for a few weeks I'm hardly going to love it to bits am I... If the owner loved it to bits would she have offered it for swap 'for scrap hay, saddle, a car'. No. I would never harm this pony and if I have to pay for her I will but I think you'll find a trials a trial. If it doesnt work out, pony goes back.
 
SarahRicoh said:
cptrayes.. Please stop commenting. I asked for advice not rudeness and sarcasm.
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Open forum Sarah, put me on ignore.

You'll have spotted that I really dislike people trying to wriggle out of their obligations.

You took on a pony that the owner was completely honest about and now you have seen the reality of it you want to change your mind. I feel sorry for the seller.
 
I am a totally honest buyer thankyou very much. I do not appreciate being threatened to be taken to court over something I havent done. The pony was sold before I got it and she took it back. I havent even paid for it and she wont...
 
SarahRicoh said:
As I have had the pony for a few weeks I'm hardly going to love it to bits am I... If the owner loved it to bits would she have offered it for swap 'for scrap hay, saddle, a car'. No. I would never harm this pony and if I have to pay for her I will but I think you'll find a trials a trial. If it doesnt work out, pony goes back.
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But it wasn't a trial, was it Sarah? Or if it was that's the first you've mentioned if you have a receipt saying you will pay in February if you decide to keep the pony.

You said you agreed to pay for it. Not that you agreed to pay for it "if it passed a trial". But if that is what happened, why the nonsense about the passport? You have every right to send it back if it was documented on the receipt as on trial.
 
Sarah I bought my first horse in 3 instalments by a certain date over 3 months and I didn't receive the passport until the horse was paid for in full when I had officially bought her.
 
SarahRicoh said:
I am a totally honest buyer thankyou very much. I do not appreciate being threatened to be taken to court over something I havent done. The pony was sold before I got it and she took it back. I havent even paid for it and she wont...
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If you refuse to pay in February, then she will, given the information that you have given us, have every right to take you to court for non-payment.
 
The ponies issues have nothing to do with me giving it back... I honestly dont care what you think about me. You dont know me and your judging totally unfairly so carry on. I have paid for the pony and sorted her out far more and shes had a better life so far than ever before. Maybe if theyd broken in the pony correctly to start with and realised it was in foal as well as sending it off to awful people to be 'rebroken' they wouldnt be having any of these problems. Shock horror the 'nice,honest owner' could have actually paid for it to be rebroken rather than sending it off to people and now trying to palm off a ruined pony who could be classed as dangerous. A lot of people wont take on a pony that rears. You should be greatful that I have and saved her from getting put down
 
Kate88 said:
Sarah I bought my first horse in 3 instalments by a certain date over 3 months and I didn't receive the passport until the horse was paid for in full when I had officially bought her.
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Kate that was actually illegal. The passport should remain with the horse at all times irrespective of who owns it. It made no difference whatsoever to your sale, the passport does not indicate ownership.
 
SarahRicoh said:
The ponies issues have nothing to do with me giving it back... I honestly dont care what you think about me. You dont know me and your judging totally unfairly so carry on. I have paid for the pony and sorted her out far more and shes had a better life so far than ever before. Maybe if theyd broken in the pony correctly to start with and realised it was in foal as well as sending it off to awful people to be 'rebroken' they wouldnt be having any of these problems. Shock horror the 'nice,honest owner' could have actually paid for it to be rebroken rather than sending it off to people and now trying to palm off a ruined pony who could be classed as dangerous. A lot of people wont take on a pony that rears. You should be greatful that I have and saved her from getting put down
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I am judging you solely on what you are writing.

It would not bother me one jot if the pony was put down SR. There are far too many ponies around that people don't want. And if the owner was so bad, why do you want the pony to go back to her?
 
SarahRicoh said:
Again cptrayes, where exactly are you getting all your 'facts' from?
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Not just me Sarah, read the posts the others have written too. If you google in the right place you would find better information than that a contract is only enforceable if it was drawn up by a lawyer.
 
Obviously you cant say what makes your 'facts' valid so I wont take them as facts I'l take them as opinion. Well then I conside you a heartless person, no pony deserves to get put down(not a healthy one).
I never said she was bad but she is not the 'nice,honest person' you seem to state her as having over 10 ponies that she cant afford so all are sent off on loan or whatever and then she tries to not have them back...
 
SarahRicoh said:
Obviously you cant say what makes your 'facts' valid so I wont take them as facts I'l take them as opinion. Well then I conside you a heartless person, no pony deserves to get put down(not a healthy one).
I never said she was bad but she is not the 'nice,honest person' you seem to state her as having over 10 ponies that she cant afford so all are sent off on loan or whatever and then she tries to not have them back...
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But yours wasn't on loan, was it? It was sold to you with a full disclosure of its problems.

Call me what you like, there are far worse fates for a pony than to be dead, and you want to send yours back to an owner that you think mistreated her. Beats me what's going on in your brain.
 
Whats going on in your brain... Not once did I say she mistreated her. I just sid shes not quite as kind and honest as what you seem to think. Actually she is techincally on loan with view to buy in feb yes
 
After reading this threàd I would love to know where you got some of your information from, especially regarding the fact that only solicitors can create contracts. Sorry this is bull. Make sure you look up your information on reputable English sites, not from any other country.

You enter into contracts every day, when you buy anything from shops. There is no solicitor here, and yet they have just as much worth as any contract written by a solicitor. Also contracts are binding whether verbal or written. Just harder to prove when verbal.

Another point unless stated this is not a lwvtb but an agreed payment date, as such it is not a trial period unless stated. As such you can not try and state it's a trial period in order to give pony back.

Contracts are completed upon acceptance of the offer not upon payment. You accepted her offer (or vice versa) and as such the contract is legally binding and you must fulfill the contract terms or she is perfectly within her rights to take you to court.

She does not have to accept pony back, just like if she changed her mind in feb she would not be able to claim him back. The contract is completed you are both bound. Whether she will take you to small claims is another matter, but just letting you know yes you are bound.
 
SarahRicoh said:
There are a lot more parts to whether a contract is valid or not than it just being a written contract
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A contract can be completely verbal. It is still valid and enforceable if you can prove it. Your seller has a receipt. She needs no more, I think. Tell us the exact wording on the receipt and we'll see if you have any wriggle room in your contracted purchase of this pony.
 
SarahRicoh said:
Whats going on in your brain... Not once did I say she mistreated her. I just sid shes not quite as kind and honest as what you seem to think. Actually she is techincally on loan with view to buy in feb yes
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What does "technically" mean?

Are those words on the receipt?

Were they said out loud at the time, with witnesses who can back you up?

And if so, why did you not say she was "loan with a view to buy" in your very first post?

And why did you ever mention the passport problem, which will have nothing whatsoever to do with returning her if you have her on loan with a view to buy?
 
My best friend was a witness to it all yes... It is stated in my op that I have her but I wont pay(buy) her til Feb... And yes it was agreed verbally and as you seem to think thats binding then shes breaking a contract
 
Whatever happened to the days when a person's word was their bond and a deal sealed with a handshake?

It seems to me that you agreed to buying the pony knowing the problems. Now you want out of the deal for whatever reason.
The owner was a fool in letting you have the pony without taking a deposit on it. She might have said she would take it back and then had time to think about it and changed her mind.

To me you are in breech of contract.
 
SarahRicoh said:
There is no wriggle room, maybe if you learnt to put your arguments across in a better way people would listen. I asked for advice. She cant take me to court as its not feb... End of
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By this I assume that you mean that your receipt does not support your contention that the pony was on loan with a view to buy?

'End of' until February when she can start the proceedings to sue you for non-payment, having put you on notice now that she expects the purchase price to be paid on the due date.
 
My reasons for giving the pony back are nothing to do with its issues and the owner agreed to take her bac when I explained my reasons (Which dont need to be said on a public forum) so for all of you saying im trying to wriggle out of it.. If I was I wouldnt have taken on the pony in the first place..
 
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