Mis-sold a horse, has anyone else won a case against a dealer?

F

Farma

Well-Known Member
Joined
17 March 2010
Messages
2,107
Visit site
I am just wondering what my rights are, I bought a horse as a hack and was told he was all ok for this purpose (i have witnesses to this), i tried him but in very limited circumstances but trusted the seller as they were highly recommended, I have now 5 weeks later had 2 incidents one of which i was bolted down the road but luckily all was ok and the horse and myself came away unscathed, the other we parted ways while heading to the road and although bruised and battered - no serious injury. I obviously cant take him near a road now.
I asked the dealer to take him back due to the circumstances but he has refused even at a lower price saying that he didnt display that behaviour when he had him.
I am not a nervous novice, I am pretty confident and capable but literally was unable to control the horse when he switched on these 2 occassions. He has also panicked a few times in the school and bolted with me hanging on the end of the lunge but hasnt done this under saddle in the school ...yet! Any advice welcome....
 
Speak to a solicitor / BHS legal line (if you are a member)

But I would play hardball and send a legal letter along the following vein ..

Horse does not meet description (include conversations/advert)
Under the trade description act (insert relevant sections) you wish to return the horse.
If a refund is offered in full by X date then you will arrange return of the horse and the matter is closed.
If you do not receive refund then you will start legal proceedings - and will add out of pocket expenses on top, at a sum of X to date and an apporximate £X per week thereafter.

Then see it through - small claims is normal route.
 
Thanks ihatework, I am thinking this is the way to go also, its such a shame though the horse is lovely just not at all what i wanted or was sold!
I also wondered if anyone had actually been to court and won?
 
Farma said:
Thanks ihatework, I am thinking this is the way to go also, its such a shame though the horse is lovely just not at all what i wanted or was sold!
I also wondered if anyone had actually been to court and won?
Click to expand...

I haven't personally - but have known people to do the above and the dealer usually rolls over before court!
 
ihatework said:
I haven't personally - but have known people to do the above and the dealer usually rolls over before court!
Click to expand...

This.

Make a real nuisance of yourself and keep things very professional.

Clearly outline why you are not happy with the horse and state what you want to happen to remedy things. If someone has a reputation to protect they usually negotiate before things get to court.
 
Thanks guys, i have been very polite and professional however my partner is not quite so calm about the situation having seen me being bolted with!
 
I'm guessing it wasnt vetted and no bloods were taken?

I'm in no way defending the dealer and you have said you are a confident rider but is there ANYTHING that could have made this horse think twice about having you as a rider? Has your saddle been fitted for him? New bit or gadget as part of his bridle thats making him panic?

Could his behaviour be pain related? after all you said the dealer came recommended?
 
Antw23uk said:
I'm guessing it wasnt vetted and no bloods were taken?

I'm in no way defending the dealer and you have said you are a confident rider but is there ANYTHING that could have made this horse think twice about having you as a rider? Has your saddle been fitted for him? New bit or gadget as part of his bridle thats making him panic?

Could his behaviour be pain related? after all you said the dealer came recommended?
Click to expand...

Yes 5 stage vetting passed, had mctimoney treatment done, shoes done, teeth done, vet that came to check horse teeth also looked over him, also had jabs done and saddle fitted.

I have tried to think of anything and everything and have even spoke to the seller about his to try and think of what it could be but genuinely the first time i cant tell you what it could have been, the 2nd time i felt it was cyclists coming by but as i was sold a hacking horse i wouldnt expect it to actually bolt at things like that?
 
My OH had a similar situation with a horse he bought. The woman originally said it was hers, then later said it was sold on behalf of someone. It went to court, she didn't appear the first time, the second time, the judge adjourned in order to allow my OH to resubmit his claim to include damages, (he broke his wrist) and livery, vets fees etc. She then settled!
He had underestimated his riding ability, he still says he is a novice, yet this thing was bonkers. Was before my time, but the vets went over it with a fine tooth comb, and he had several pros involved, and no one coud do anything with it.
You say the horse is lovely, but it has now bolted on the road, so is to be honest just dangerous.
 
As well as saddle fit, check the bridle, Sisters horse came with a bridle that was supposed to fit her, it was far too tight round her ears! We were told when we tried her that she could be strong, we think she was trying to avoid the pain at the base of her ears.
 
Hi,
I've just has exactly the same happen.
I got sold a 'bombproof' cob in an part exchange for my tb. Long story short I tried the horse it was forward going but fine, horse comes home it's acting like an unbroken 4yro I get chucked of 3 times and I end up in hospital. After fighting with the dealer I get my boy back and some of my money I'm now off work till further notice on unpaid sick and have no confidence to ride.
Sadly speaking to a friend trading standards say dealers can under pay by £500 back of your money.
Pm if you wanna talk it would be nice to talk to someone who's been in the same boat.

Xxx
 
Hunter93 said:
Hi,
I've just has exactly the same happen.
I got sold a 'bombproof' cob in an part exchange for my tb. Long story short I tried the horse it was forward going but fine, horse comes home it's acting like an unbroken 4yro I get chucked of 3 times and I end up in hospital. After fighting with the dealer I get my boy back and some of my money I'm now off work till further notice on unpaid sick and have no confidence to ride.
Sadly speaking to a friend trading standards say dealers can under pay by £500 back of your money.
Pm if you wanna talk it would be nice to talk to someone who's been in the same boat.

Xxx
Click to expand...

I am sorry to hear this, I feel that this is where I will end up also - I will let you know how I get on x
 
Farma please do it sooner rather than later do not stay with a dangerous horse or one you are not confident on, I was lucky to get away with a bad back and face but its really not attractive and sadly it could be tragically worse. I now look like this!

59237CB4-A077-422D-8CC4-39BCCD60AB5A-7844-0000040D286D95D2_zps9c68b3e8.jpg
 
I would recommend that you instruct a specialist equine solicitor to deal with this matter on your behalf.

List below:

Actons
Tel: 0115 91002200 Caroline Bowler

Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk

Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196
www.horsesolicitor.co.uk
info@horse solicitor

Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk

Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk

Jacqui Fulton
Giselle Robinson Solicitors

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters

Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com

www.laytons.com

Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com

Arnold Thomson
205 Watling Street West
Towcester
Northants
NN12 6BX
Tel: 01327 350266
Fax: 01327 353567
www.arnoldthomson.com
enquiries@arnoldthomson.com

Tozers www.tozers.co.uk

Eleanor Temple Barrister from Kings Chambers in Leeds
Tel: 0113 242 1123
www.kingschambers.com
 
I bought a horse off a dealer and was told he was sound, not veterinary issues at all however we didn't get a vetting for him as we were told he had a cut and wouldn't pass a vetting (had never bought a horse before only loaned and thought the dealer seemed genuine enough). She was happy to give us a receipt that stated we could return him for a refund or swap if he wasn't fit for the purpose sold for.

Fast forward a month and he was basically written off by a vet saying he was only able to be used for a light hack based on the current state of his feet- a light hack was not was he was advertised for.

Anyway the dealer was not forthcoming in having the horse back and only when we started quoted the sales of goods act that stated she was still responsible for the horse as there was no time frame given and the fact that we could, if we wanted, claim back all expenses paid for the horse from the time the vet diagnosed him, did she start to make arrangements for the horse to go back.

My advice would be to stick to your guns and dont be nice with them, as I said the only way we sent my horse back was to threaten legal action.
 
hi, I`m currently trying to get my money back on a 3yr old sold as potential eventer who is suffering severe navicular pain. xrays reveal abnormal growths on navicular bones. the dealer is arguing that my farrier has made him lame. he was already lame and I thought he just needed shoes on. I had his blood sample tested for bute 2 and half weeks after I bought him as he wasn`t right then. it was clear. dealers are still refusing to refund me even though I`ve sent letters from my solicitor. could scream.
 
I bought a horse from a dealer who imports horses from Ireland. When we tried the horse he was quiet and easy, exactly what we wanted. Had the horse vetted and we bought him. He went well initially, but he quickly developed such a bad cough the vet had to put him on antibiotics. Needless to say, healthy and well, the quiet easy horse we tried and bought, turned into the horse from hell!

The dealer has refused to give me my money back, even though he knows full well the horse had a nasty virus when we tried him. He offered to sell him for 'free', but six months later, we're no further forward.

We're going to have to take him to court, which I really don't want to do, but feel we have little choice. I'm told we have a very strong case, but it's such a headache. I would also be interested in any success stories.
 
A few years ago I bought a 'quiet' horse from a dealer. Very calm and great out hacking. Had full vetting and bloods taken. Got him home and he turned into a nutcase! Unsafe and dangerous to have at our home. Was offered a swap for something else by dealer but anything he had wasn't suitable. Kept fobbing me off saying he was looking for something while all the time I had a dangerous horse.
Solicitor letter sent but was warned could all take months. Ended up selling him privately and honestly to someone that wanted a project. At a huge financial loss.
Lesson learned- will never ever buy from a dealer again. Ended up with my lovely horse- bought from just down the road!
 
Lady who owns/runs my yard took a dealer to court, took a very long time, was expensive and stressful. Its very hard to prove you aren't causing the problem yourself, two experts come up with three opinions after all.

So, it can be done, you need to be tenacious and not back down, but also be prepared to loose.

Could it be settling in issues? I bought a veritable donkey, albeit a TB, who was a dope on a rope until she got home with me then dusted off her racing plates.

Maybe you need more time, but if you do wait the window of opportunity closes. Sorry I can't be any more help, I can ask my YO details when I see her next if you like. But she did do it, and did win.

Good luck whatever you decide to do.x.
 
Also bought my Rocco from a dealer, just wanted a nice easy hack to go out on with or without an other horse and this horse has turned out to be the best ever horse I've ever bought, he's easy to handle, good with the other boys, not so good with my mare, there we did learn a lesson, nothing really spooks him, he may jump a little but there again so do I, he can jump (from 1 paddock to another and back) there is nothing nasty about him, a small child could handle him and I know he would never do any harm to that child. If I could ever find out where he was bred in Ireland, I'd would be earning a fortune.:):):) And I bought him in Bedfordshire, but the dealer has moved.
 
I have won a small claims case against a dealer for not honouring the written warranty given with a pony I bought my daughter. Pm me if you want any info. I never got my money back - the system sucks :-(
 
I would have guaranteed that my horse was 100% safe and was suitable for a novice. She then went to live for a while on a yard that had llamas. She became dangerous to even handle, let alone ride. I honestly didn't recognise my own horse. I'm in no way defending dealers or trying to patronise anyone who is well aware of this but simply pointing out that horses behaviour can fundamentally change due to a change of environment.
 
PoppyAnderson said:
I would have guaranteed that my horse was 100% safe and was suitable for a novice. She then went to live for a while on a yard that had llamas. She became dangerous to even handle, let alone ride. I honestly didn't recognise my own horse. I'm in no way defending dealers or trying to patronise anyone who is well aware of this but simply pointing out that horses behaviour can fundamentally change due to a change of environment.
Click to expand...

Thats what I was trying to say, totally agree. :D
 
You must log in or register to reply here.
Top