New horse naps!.Any advice on how to return it and get money back?

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Magister

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Friend bought new potential competition horse a week ago which was not cheap by any means. On trying horse previous owner assured friend it hacks out alone(important quality for friend). Horse does not hack out alone as it 'plants' and naps badly. This is not a baby insecure nap either it seems well practised. New rider is competent too so that is not the problem. Horse was sold on behalf of owner through a professional yard (comp.rider/dealer?) but money was paid direct to owner. Does anyone have any experience of the best way to try to return the horse and get the money back?. Horse was lied about and misdescribed.Sellers unhelpful and unpleasant. Help please!.Thankyou.
 
Maybe horse is unsettled by moving and so napping because insecure? Not saying it never napped before but maybe it just needs more time to settle in, especially if its young. A week is no time at all. If everything else is ok then maybe just persevere a bit more and give it a chance?

If it really is an issue then i think its trading standards you need to contact.
 
Speak to the owners first, it sounds quite likely they will offer you less than you paid for it but if they are happy to give you all your money back then it would seem fair to give them a chance and if I were them I would rather I got given the chance before trading standards were contacted - if they won't give you the full amount of money back then approach trading standards.
 
give it a chance!

People like this are nightmare customers, esp with competition horses who are highly strung ad often insecure. Get your leg on it and build hacking out alone very slowly, don't rush it. The chances are it didn't nap with its last home and is just testing to see what it can get away with, maybe try and speak to the last owner and find out how she rode it.
 
Take copies/print out the adverts esp if they say about hacking out alone etc.

Did the dealer have a refund/exchange policy? (not sure if this applies if horse sold for someone else).

Are you able to say which county the horse was sold in? Just asking as I was asked to ride one the other day (nice horse just a bit bewildered and nappy) that ended up in a dealer and when I saw the ad I nearly died - def. not as described.
 
This horse has come to an experienced
home not a novice.This is NOT a baby,insecure,scared or badly ridden nap.It is clearly expert at it and well practised. If we wait and see the chances of sending the horse back are minimal so we need to act now. Trading standards sound like a good idea.Thankyou to those with that constructive idea
 
Horse may just need to settle in.But can you ask about area you got from to see if anyone knows it and if it is known for this behaviour.
I once bought a mare who was fine when tried but once moved reared without warning and randomly -would be walking round then suddenly go up also when tied up it would rear.
Spoke to previous owners who where denying this was a habit until a girl on yard recognised horse and said it was doing that 6 months ago when they had looked at another horse.Apparently was known for it.Needless to say got all my money back.
 
Youre not going to like me saying this but if hacking alone is very important to your friend then she should have taken it out alone before buying it, not just take a sellers word for it. That doesnt help you now but maybe for the next horse she tries? Sorry but I just feel sorry for the horse getting pushed around.
 
I would agree with giving it a chance. I allow at least 2 years to get a new horse 100% when hacking out on the roads etc. They need to get their bearings and get used to the local smells, sounds and sights.

However " It is important to remember that the Sale of Goods act only applies to a sale where the seller is acting in the cours eof business. The majority of one-off sales by owners who have outgrown their horse or are selling them for some other non-business reason, wil not be covered by the act. For the sale to be in a course of business it does not mean that the seller must be a dealer.. A person that sells with some degree of professionalism and regularity can be acting in the course of a business. A horse bought to bring on to sell could be described as in the course of business. Unfortunately, the answer will turn on the facts of each case.
Obviously a stud selling horses would be acting in the course of business, but somebody who bought a horse as a youngster competed it for a number of years themselves and then sold it on probably would not, as it would be difficult to show regularity and that the primary purpose was business other than training and competing the horse.

Once you have established the sale is in the course of a business then you can rely on the important aspects of the Sales of Goods Act - that the goods must be reasonably fit for the purpose for which they are intended provided that purpose is made known to the seller, must be of satisfactory quality and must comply with any description given of them to the buyer."

(From Ask Horse and Hounds) Russell Jones & Walker Solicitors Tel: 0800 9169015 www.rjw.co.uk
 
Not that this helps particularly and I know you said you friend is experienced. But I hacked both of my horses on their own before I bought them and both have napped when I first got them (youngster reared straight up three times on first ride out alone and older mare used to do bunny hop rears). Older mare has been hacking out alone with very little fuss (albeit a little spooky) for the last few years (had her 6yrs). Youngster is still only settling into new routines in my view but hopefully this spring/summer we'll crack hacking alone. Sometimes the move does just upset them - my youngster even napped in company at first.

x
 
Although you paid the owners direct .. what interaction did you have with the dealers? What did they say etc... all this may have a bearing but the Tradin Standards is definitely a good place to start .. they were very helpful when I had a similar problem
 
[ QUOTE ]
I would agree with giving it a chance. I allow at least 2 years to get a new horse 100% when hacking out on the roads etc. They need to get their bearings and get used to the local smells, sounds and sights.

However " It is important to remember that the Sale of Goods act only applies to a sale where the seller is acting in the cours eof business. The majority of one-off sales by owners who have outgrown their horse or are selling them for some other non-business reason, wil not be covered by the act. For the sale to be in a course of business it does not mean that the seller must be a dealer.. A person that sells with some degree of professionalism and regularity can be acting in the course of a business. A horse bought to bring on to sell could be described as in the course of business. Unfortunately, the answer will turn on the facts of each case.
Obviously a stud selling horses would be acting in the course of business, but somebody who bought a horse as a youngster competed it for a number of years themselves and then sold it on probably would not, as it would be difficult to show regularity and that the primary purpose was business other than training and competing the horse.

Once you have established the sale is in the course of a business then you can rely on the important aspects of the Sales of Goods Act - that the goods must be reasonably fit for the purpose for which they are intended provided that purpose is made known to the seller, must be of satisfactory quality and must comply with any description given of them to the buyer."

Two years - you must be barking!! Two months maybe, but even that would be a bit extreme. I agree with the person who says that the buyer should have hacked it out - but having said that she sounds experienced - the 3rd party is being hostile - so sounds like lots is amiss - so Trading Standards a good option!
(From Ask Horse and Hounds) Russell Jones & Walker Solicitors Tel: 0800 9169015 www.rjw.co.uk

[/ QUOTE ]
 
I think these sorts of situations are very tricky.

If the sellers are saying they have not had a problem before you to prove that they are lying which is difficult.

Horses are unpredictable animals and it maybe that this horse has had a problem in the past with previous owners but it got resolved and bringing it to the new yard has unsettled the horse and started it up again.

If your friend asked the sellers "Can you hack the horse out alone" and they said yes it does not mean that the horse has never napped before or that it is easy to hack out alone it could just mean that they have managed to hack it out alone but with great difficulty.

So are the sellers saying they never had a problem hacking it out alone? If so perhaps ask them to come down and get on the horse and prove it and quick before they say that your friend has done something to the horse to make it that way.

I think it will be hard to get the money back.

I would just say that my pony who is 100% easy to catch and lead and I did try this before I bought him, when I first got him for the first couple of weeks would plant and not move when I caught him, however once he got to know me he was fine and I never had a problem since even when I moved yards. Interestingly when I asked YO to catch him once for me he planted again as he did not know her but then he was fine after a few time when he realised she was catching him to feed him!

So the planting maybe because the horse does not know your friend and is either worried or trying it on. If this is the case if the previous owner or rider gets on the horse should return to normal.
 
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