Miss sold a horse - where do I stand with previous owner?

Kate88

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Apologies for the long post but its a long story, and would be grateful for any advice or even to hear anyone's story of a similar situation.

Here goes.. I started up horse riding again last summer after a 12 year break. Really enjoyed it and decided I was ready to buy my own horse. Was having regular private lessons & hacking out on a horse at a livery yard that the owner didnt ride with my friend and her horse and gaining experience looking after them etc.
On same yard the owners daughter brought 2 horses back from UK with her (we live on iom) saying that her friend had given them to her for her to bring on for her and sell on her behalf. (Looking back now I think she had already purchased them on leaving the UK for a minimal sum)
They knew it was my first horse and said That one of them would be suitable. It was a 5 yr old TB mare (knowing what i know now I realise this is not a suitable first horse for anyone really) who they said would be perfect for me.
I tried her twice and hacked her out although was told not to canter her on hacking out as she'd always presume she could do this.
I was inexperienced and believed (naively) everything they said about said horse as the girl who brought her Over was a very experienced rider, taking her exams to become an instructor and did a lot of competing in UK. I stupidly did not have the horse vetted as was told for the price I paid it wasn't worth it as she wasn't "expensive". I was massively over charged (I paid £3,000) for a horse that had been left in a field for the previous two years after being trained to race and was too slow, came with no tack, and had only been schooled and lunged again for a month.
Within two weeks they called me up telling me she had started weaving and I must have done something to cause this! They had her stabled in old stables (not the main ones where her other horses were) and I've since realised they must have known she did this and didnt want other horses copying her behaviour and also kept her well hidden so I wouldn't know about her vice. 2nd time I hacked her she bolted and I came off and hurt myself. She was very rushy and I noticed she had poor balance. They (girl and her interfering mother) made out that her balance was very good and there was no issue. I lost my confidence riding the horse and refused to hack her out as became apparent she had no brakes. The girl agreed with me we were not a match and I put her up for sale. Her mother went ballistic at me saying "how dare I advertise her as not a novice ride! You will give that horse a bad reputation!". I was only being honest in my advert saying she was not for a novice as was forward going.
I noticed when tacking her up she would throw her head in the air. I mentioned this as was concerned she had a sore back and was told no she was fine.
I had her back checked by a lady who uses the Bowen technique who noted she drags her feet, has poor balance and was definitely tender and uncomfortable in her withers (this was 2 months after owning her). She treated the areas said to give her a month off and would see the horse again in a month. The horse showed improvement and was told to long rein her to improve muscle tone and help her balance. After more check ups and eventually given the go ahead to ride her again I had an instructor ride her gently and she seemed to be ok. Within a week she went downhill again and was uncomfortable again, I consulted my vet. He examined her and said she was in acute pain, give her bute and said to ride her again. She was ok but once coming off painkillers could not be ridden and went lame also. I told the girl who sold her to me about back problems and the mother was extremely rude to me said her daughter would have known and rubbished my back specialist as someone who likes to con money out of people. My vet referred her to Leahurst which horrified the mother who said before I go to the expense of sending her I should have their back specialist come look at her. I said no as had two opinions already with my back specialist & vet agreeing to send her. In the end I caved just to humour them and was told to rest her (she'd been rested for months on and off!) and then hack her and also that her flexions were fine & she highly doubted the horse has kissing spines.
I sent the horse to Leahurst and she was diagnosed with Severe kissing spines, navicular in both front legs and stifle pain in her hind quarters. As soon as my horse left that yard to go to UK they turned nasty, asking me to completely clear her paddock and my stable so that another livery could use it whilst I was away (even though I had paid in advance for another 3 weeks!). My local vet since told mr they have tried to interfere with her referral saying she was fine and didnt need to go and my vet told them I was the owner and he was acting for the owner. I'm disgusted they would do this. I have since had to put my horse to sleep (yesterday) which was heart breaking and very distressing. I now want compensation for this horse and want my money back, the expenses I've endured with trainers/vets/livery costs whilst in UK etc.
they conned me on price and I have a text which states if the girl continued to ride the horse for another month she would be worth £6,000 and that I needed to decide quickly. I also have emails from the mother saved saying I shouldn't send her and that she doesn't need to go. Taking all this into consideration I really think they need to do the right thing and would appreciate any thoughts on this. I only owned the horse for 10 months and was unable to ride her by 2 months in. They have a lot of money and think very highly of themselves, trying to make a reputation bringing on and selling horses. It's a very small community where we are and I really think if this gets out their reputation is ruined. Not only did they sell me a horse that wasn't fit for purpose, they sold me a weaver and did not disclose this information. If she was working I know now shed be worth about £1,000.
Your thoughts on this would be most appreciated and thanks for bearing with me reading this long winded post. I am sending them a full vets report with invoices and if I do not receive a response they will be receiving a lawyers letter.
 
2 years ago i was mis sold a horse, i took the guy to court and successfully won. HOWEVER it took 1 year to get to court as he was a complete !!***!!!! judge ruled in my favour as the guy tripped himself up several times in court (it was actually hilarious the crap he came out with to judge )

the BAD news is that i am still fighting for my money as he reufses to pay and has put his yard etc in sons name and will have to take him back to court which will be happening very soon- or get some nice people to pay him a visit lol

p.s. the guy is still dealing but uses sons girlfriend to advertise !
 
I don't have any advise but can offer you some solidarity cause I have been there and done that also. You wern't the first and sure won't be the last. Good luck in finding some genuine, nice people and a lovely horse in the future.
 
I'm not sure if you would get a result or not legally,but if you are up to the challenge I would certainly give it a shot.

They sound like a couple of witches out for what they can get no matter what the cost to horse or buyer,and have no doubt from what you've said they will try it with other people in the future.

If I were you I would at the very least be spreading the word.Like you said small community,their name would be mud I suspect if your story were known.

Good luck with recovering some of your costs,and do keep us updated:)
 
Its a sad story, and I feel very sorry for you and the horse, but you did everything wrong when it comes to buying a horse.:( I don't think you stand much chance with the time that passed and recovering any money. You deserve some.

ps. they do sound a rotten pair, and I wouldn't be holding back from telling people your story locally.
 
If you don't get your money back i would defiantly get a lawyer involved. i am not sure but you could maybe contact trading standards and see if they could help, as you have all the evidence that she was miss sold.
 
Awful as it seems I seriously doubt you will ever see a penny from them. They took advantage of your inexperience and even though it's clear that's what they did, unfortunately it really is buyer beware.

If they sell more than 3 horses a year (I think!) then they could be considered traders and you could perhaps involve trading standards and/or report them to the Inland Revenue as I'd doubt they're declaring the income, but in all honesty it isn't gong to do you any good money wise. :(

I'm so sorry for your loss, but glad you persevered with the vets to find out what was wrong rather than the poor horse being worked whilst in pain.

It might be worth you reading the thread entitled 'I think I've been had' by Mrs B, and having a look at the Epona Stars Facebook page as they might be more helpful in terms of practical advice.
 
I feel sorry for you in this situation but most of this is down to your inexperience, you were taken for a ride by these people, the horse was possibly miss sold , almost definitely not as described but with no vetting, no written evidence such as an advert, it will be their word against yours, taking them to court will be expensive and with little chance of recompense.
 
I'm hoping that these people will pay up as they have a lot of money and will want to protect their reputation. I didn't give them the option of having her back once she was diagnosed as if they are that callous to try and stop me finding out the truth of her condition, then quite frankly I do not trust them to look after her. My insurance won't be paying out for her death but my vet and vets at leahurst agreed it was in her best interests to PTS.
I hope you get your case sorted soon :)
 
Sorry, but I don't think you have any come back with this one and I would suggest just putting it down to experience I'm afraid. You never had the horse vetted prior to purchase (I would if I was about to part with £3K!). You tried the horse from the sounds of it more than once and you were happy with it.

Noone is mis-sold a horse in my opinion unless that horse was drugged when you tried it (something you can't prove if you didn't have it vetted and have bloods taken). It may well be the vendors didn't know there was anything wrong with the horse so you'd struggle to prove they did. Sorry, this is the risk you take with buying a horse I'm afraid. Unfortunately you've found out the hard way.
 
I am lucky I was granted a loan recently (before her diagnosis) to buy another horse. I am not looking right now but when I am ready I would like one and have the funds to do so. I was hoping my mare had something which could be treated and was going to bring her back on part livery whilst my stepdads sister was going to ride her for me and make her ready for sale. It has been a horrible experience but at least I have gained experience and wouldn't be so naive in future.
The mother said to me a while ago the daughter was reluctant to sell her to me but I insisted. I have texts showing the complete opposite and her daughter pushing me for an answer: I will be using those. I wouldn't go to the expense of taking them to court but I'm sure a lawyers letter (stepfathers friend) might put the frightners on them a bit.
The mother told me to keep in touch and updated about my mare as "she's so lovely". On learning she had kissing spines (before the rest was diagnosed) I haven't heard a peep.
I'm also wondering with what my vet told me, could I use that against them? I'm aware of client confidentiality but as it was my horse they were discussing (he told me mothers rang him several times!) does this stand? I wouldn't want to get him in any trouble
 
I'm really not sure how you could claim against them for anything to be honest, they did not force you to buy this horse, you chose to not have it vetted. Both navicular and kissing spines can be treated to a degree (if indeed 'navicular' was the actual diagnosis -it is a very wide term used for anything affecting the navicular bone in the foot). You elected to have the horse PTS when it wasn't necessary. Had you gone through the insurance and the vets advised that euthanasia was in line with BEVA guidelines the you would have had a valid claim. As it is you chose not to go down that route.

Sorry, it's a very sad story and I am sure you're angry and upset and I feel for you but I don't feel you can apportion blame here. You made a mistake (or several mistakes) in the purchase of this horse. I would put it down to experience and move on.
 
horrible situation.
At least you did the right thing for the horse.

But i dont think you have any come back.
You bought a horse invetted. Trusted the sellers instead of getting unbiased opinions.

it sounds as though the sellers suspected problems but even they probably didn't know the extent of them.
They should have help you and not tried to but in and brush it off as not serious.
 
I wouldn't have said it was unnecessary having her put to sleep. Leahurst said to me I would be prolonging the inevitable, she would be on painkillers for the rest of her life which would affect her kidneys and liver and couldn't guarantee she would ever be sound. It wasn't in the guidelines no as I could have prolonged her discomfort and kept her in a field. I chose not to do this after lengthy discussions with other horse owners, Leahurst and my vet and was not a decision I have taken lightly.
I totally agree I should have had her vetted but was too trusting as they were friends with my friend and had no reason to doubt them, it's a mistake I wouldn't be making again in the future.
 
I'm not going to be taking them to court, I'm going to appeal to their "better nature" and see if they are willing to compensate me in any way. Either that or they never trade again. Whether they knew or suspected her problems or not, they way they acted with my vet and trying to stop her getting treatment behind my back is immoral, and disgusts me they call themselves horse lovers.
 
It does sound like they took you for a ride re your inexperience and the horse not being suitable - that makes them bad people but not necessarily dishonest re the lameness. I doubt they had her vetted themselves and probably didn't know the extent of her problems - they may not have seen it if she was in very light work for a short period before you tried her. You kept her 10 months, you didn't want to return her (which I understand) but now you want your money returned. But no horse to give back. I can see why but that's not really how things work. Yes, you paid above the odds and they took advantage of you in a very nasty way but that's all really. Its a pretty standard daily occurence in the horse world :( :(

You can try some lawyers letters and letting your community know whats happened but you need to think what is going to be in your best interests emotionally and financially. Your word against theirs in a small community, backstabbing, unpleasantness all round - is that what you want? Horses are supposed to be fun. In some respects it may be easier to swallow your pride, admit you made a lot of mistakes yourself and were ripped off by some horrible people :( - then move on and find a horse you can enjoy and try and put this behind you.
 
You have been inexperienced about buying this poor horse but sound quite canny otherwise. They are obviously worried, the courts may not support you but for them, preserving their reputation in a small island community might mean you can apply some pressure.
 
Sorry I forgot to mention I did ask them to take her back before she was diagnosed and they laughed in my face and said I had no chance. They knew I wanted to sell within two months of owning and weren't prepared to help,
They even went to the extremes of demanding I came up urgently to the yard to see them ride my horse (in walk may I add) and then insisting she was going lovely and why send her away when it wasn't necessary,
 
Sorry I forgot to mention I did ask them to take her back before she was diagnosed and they laughed in my face and said I had no chance. They knew I wanted to sell within two months of owning and weren't prepared to help,
They even went to the extremes of demanding I came up urgently to the yard to see them ride my horse (in walk may I add) and then insisting she was going lovely and why send her away when it wasn't necessary,

Well at least they sound like they don't want hassle from you - so if you are determined and make out you are going to be the B***h from h*ll then they may cave and give you something. You never know. Worth a try if it doesn't upset you too much. Good luck and I hope you find a really nice horse and enjoy being a horse owner and riding again :)
 
You can try some lawyers letters and letting your community know whats happened but you need to think what is going to be in your best interests emotionally and financially. Your word against theirs in a small community, backstabbing, unpleasantness all round - is that what you want? Horses are supposed to be fun. In some respects it may be easier to swallow your pride, admit you made a lot of mistakes yourself and were ripped off by some horrible people :( - then move on and find a horse you can enjoy and try and put this behind you.

Probably the best advice so far..
 
I doubt that you will actually get anything back from them as you have no advert to prove they mis sold her and no vetting was done, however if you get it taken into account how they harassed you and your vet and tried to block you from getting treatment for her and the general way they have treated you who knows. I'd definitely be taking some form of legal advice to get a professional opinion and certainly spread the word about the service you've received. Next time I'd be asking a lot of specific questions about vices and if a seller ever asks you not to do something / to do something in a certain way demand to know why. I'd also get a vetting done or at the very least an experienced person to look the horse over for you.
 
Boulty - 100% agree re vices. Any horse I purchase in the future will be 5* vetted.
I don't want to name & shame them/bad mouth them just yet. Although I was harassed constantly over anything/everything up there, if they were to compensate me at all it wouldn't be fair of me to then slag them off if they apologised, owned up and did the right thing.
It has been traumatic and very disheartening to say the least.. And has very nearly put me off riding altogether.
I am only grateful that my horse ended up with me, and not someone else who would have just ridden her on & damaged her further etc. Leahurst have asked permission to use her tissues for research to help other horses in similar conditions, I've said yes. Hopefully something good can come out of such an awful experience.
 
Thats such a sad story, RIP your girl, I hope you have more luck next time.

I have no idea on the legalities, but one thing struck me from your story, are you sure they have plenty of money.

They may appear to have, but their behaviour hardly suggests it.

Dealing in bin end horses and passing them onto novice owners isn't usually a hobby of the rich.

They possibly have financial troubles and are finding it hard to maintain what they have. If that is the case you are unlikely to get anything back from them, even if you name and shame.
 
It sounds like a terrible situation but I don't think you have any comeback.

They sound like horrible people but that doesn't mean they legally did anything wrong, unfortunately.
 
Legally I dont think you were mis sold the horse more mis bought it

Still they have behaved very badly especially given that they are professionals!

I suspect they simply don't have the money to give you much back but I would try a face to face meeting (take a friend) first, not texts, emails or phonecalls which simply give them excuses to brush you off

Don't threaten them but do make hints as to how their local reputation could be damaged if word got out etc

Then perhaps try the legal route and if that doesn't work bring them down by reporting it to local press etc!
 
When I studied law at uni (yonks ago now!!) I was told if you buy goods from a trader that deem themselves to be a specialist in that trade and purchase based on their advice as a layman then you can be recompensed from their poor advice. So in this situation you would need to show that they do trade in horses and also that they state somewhere that they are experienced or skilled or trained in horses in some way. Do they have an advert somewhere? You would then explain that as a layman only based your decision upon that experienced advice. I have seen in it equine law in the past when I lived in Essex and one of the dodgy dealers down there got taken to court and lost but I think the girl who sued never managed to get a penny out of him sadly. I feel sorry for the way you were taken advantage of and it reminds me what an awful place the equine world can be. Whatever you decide to do just consider the long term consequences either way and good luck! Oh and remember that that horse was lucky she had time with you and you saw to her every need during those 10 months!
 
Take some legal advice.

Given the lack of vetting, you may well be advised that you are stuffed. However, if these 2 are technically dealers the situation may be different.

The vendors financial situation is critical. A solicitor can check to see if they have any CCJ (county court judgements) outstanding. I was thoroughly stitched up 10 years ago (got expert advice proving I had done everything right at purchase - turned out horse had a "history") and was warned that legal fees then would be £10,000 for each side, with the loser picking up the other sides bill. We eventually were advised to drop the case as the other side conceded that the horse was known to be dangerous, but was a reformed character. Solicitor warned that could go 50/50 in court and too risky, especially as I had heard gossip regarding their ability to pay.

Good Luck

Just remembered, given the cost of your horse, you could take action via the small claims court which is inexpensive. Nevertheless, worth taking legal advice first.
 
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