Mis-sold

Deedar

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Last year I purchased a Spanish Breed from a Dealer. The horse was advertised with her registered name. I went to view and try the horse and decided to purchase. This was done by paying a deposit (£600) and paying off the rest in instalments under a agreement which was provided by the seller, stating the Registered name of the horse, chip number and a print off of the passport. When I had paid half of the balance I was allowed to collect her which I did. She was not as described once she had moved and not as advertised. I had mentioned to the seller on several occasions that she was def not bombproof or laid back. She went into training for two weeks and the trainer confirmed this. I paid the balance off pretty quickly and the passport was sent. I had researched her breeding previously and her pedigree was fantastic. Jumping a few months i have had a new trainer out who had trouble with her backing up, and putting in a few bucks so decided to get a dentist out. I wanted the vet present in case she needed sedation and also to fill in a form for a UK registry as she is unregistered here. I had also decided to sell due to personal reasons and wanted everything in order. I provided the vet with the forms and passport and she firsly noted that the horses freeze mark wasn't present in the diagrams in the passport. Then to top it off the chip number in the passport dosent match the horse. I was advised to contact the dealer as until now we had stayed in touch, swapping emails and texts about the horse. She contacted me the nxt day to say I had the wrong passport! So the horse I had was a completely different name, different breeding, different dob, and that meant she had the horse that my receipt, passport, dob and breeding belonged to! I have the horse I viewed but I paid for the horse who's passport I have and the one named on the receipt. To her this isn't a problem, she thinks swapping passports will be enough, but I paid for a horse called ....... And it's breeding and have emails, texts, receipts for that horse! She has the horse named on my passport who I find out is u rideable and a broodmare, who's foals don't have the breeding buyers thought. I am absolutely amazed that someone who calls themselves highly thought of could not notice or realise this huge cock up. I now have a horse I can't sell because I have no passport and I don't in fact own! I'm raging mad. I have asked for a refund and for the horse to be taken back but it's been refused so I'm taking advice. The horse I have is not insured now because the horse I own is not the one I paid for.
 

AceAmara

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wow, hope you get sorted out. hindsight is a wonderful thing but others can learn from this - the passport should have been with the horse from day 1 and it’s wise to have a vet do even a basic vetting to ascertain the passport (microchip etc) matches the horse you are buying. Good luck with sorting it all out.
 

Goldenstar

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I think you have a good case to return the horse and get your money back seek specialist advice straight away .
If you are a BHS member use the legal helpline as a start .
 

Puzzled

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Did you specifically set out to purchase a mare with the particular bloodlines of the horse who's passport you don't have? If not I'd just swap the passport and move on. If you bought the mare as a riding horse rather than a broodmare then I assume you liked it enough to buy it anyway and this point may be argued in court. If however you can prove you wanted specific bloodlines then I think you will have a good case and in the very least may get a part refund for the difference in value if the other mare is worth substantially more on her bloodlines alone.
Remember having a passport is NOT proof of ownership and finally when purchasing I would always compare markings on the passport or scan the microchip especially if purchasing a horse with a particular bloodline that has very little markings eg socks etc. I hope you can find a solution.
 

Deedar

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I'm aware the passport is not proof of ownership but two signed receipts are. Plus mentioning time after time the name of the horse in texts and emails. This person also had advertised both horses one below the other with the others name and each other's breeding. Of course before purchasing I looked into her breeding and I now have a horse not with the breeding I paid for. The other mare which has the horses name I paid for is unrideable due to a broken pelvis. I've been told it comes under the misrepresentation act.
 

Exploding Chestnuts

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You will win your case easily if it comes to court.
This has happened before, legally, the horse can be sent to a public auction, having advised vendor etc etc.
First of all add up all costs up to date and ongoing.
Ask vendor to pay them and then to remove horse.
If you have to send it to public auction it will fetch next to nothing. It is worth next to nothing by the sounds of it.
Its really unfortunate.
The only thing that makes me suspicious is that you were able to remove it without full payment AND that they have not now accepted fault.
I know sh@@@ happens, but I am very suspicious.
 

Deedar

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There was a credit agreement set up and signed saying the passport would be sent when the balance was paid and she provided a print off of the passport. I'm not willing to loose the 4.5k that was paid! I've now written a letter as advised stating the facts and a day the refund should be by and the horse collected.
 

Goldenstar

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There was a credit agreement set up and signed saying the passport would be sent when the balance was paid and she provided a print off of the passport. I'm not willing to loose the 4.5k that was paid! I've now written a letter as advised stating the facts and a day the refund should be by and the horse collected.

Good for you they don't have a leg to stand on and if they are sensible they will return your money and pick up the ASAP .
 

tallyho!

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Is she a PRE? You might get some good advice from the breed society. I seriously hope you get resolution... how awful!!
 

ester

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I can't understand why she withheld the passport when you collected the horse given that legally it has to stay with the horse and it means nothing.

I would use bhs for advice if you are a member and there are a few posts on here with lists of equine solicitors in case you need one (the search function should bring them up)
 

Deedar

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She said it's illegal. So it's not just a case of swapping passports and cutting my losses, receipts are not valid, my insurance on her dosent stand, which I've been paying months as well as vet visits, dentist,farrier etc. if people don't make a stand it will just carry on and I'm not about to let it go. If someone runs a buisness selling horses they should want everything right and legal to ensure their reputation stays highly thought of and value there customers. If they make mistakes it's upto them to ensure its put right. It's all about money at the end of the day. Nice when she took my cash!
 

Exploding Chestnuts

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Absolutely, if you send her a formal letter with a brief account, understandable if read in court.
Ask for the moneys to be returned and the horse removed. That s it.
Ask for the name of her insurance company and name and address of her legal representative.
 

tallyho!

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Dealers like this deserve to be named and shamed. Absolutely awful. Poor you Deedar. I really hope you get justice.
 
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