Opinions please!!!!!!!!!!!!!!!!!!

[poppynurse]

I am in dispute with a dealer who I bought a pony off, turned out to be completely unsuitable so I asked for refund, now they have offered to take pony back and sell it for me.........any thoughts on this please!!!

 

[Weezy]

Which dealership is it?

Did you have a contract stating that the horse should be fit for the use it was being sold for?

How many times did you try the pony?

Are you being charged for the resale?

Are there any other ponies you could swop for?

 

[poppynurse]

Probably shouldn't comment on which dealers, we tried it once and they were aware it was for a novice child, no written contract - all verbal.
They have no other ponies in just horses. They say they won't charge me for resale but declined to put it in writing....

 

[PiebaldHorse]

Didnt you post before about this? Sorry its just I remember ones saying not to go for this as you may never see the money or horse again.

 

[PiebaldHorse]

http://www.horseandhound.co.uk/forums/showflat.php/Cat/0/Number/1355970/an/0/page/1/gonew/1#UNREAD

 

[poppynurse]

The offer to take pony back and sell on only happened today - must have missed that bit in the previous post.

Are problems like this with dealers widespread? I'm going to be looking for a 13.2 when this is all over.............

 

[Happy Bird]

I'm no legal expert, but I would think seriously before letting them sell on your behalf. They do not sound trustworthy to me. Did you have a probation / trial period arranged with the dealer ??

I would get some legal advice if I were you. You could try the Citizens Bureau as surely the dealer is in breach of the trade descriptions act ?

 

[PiebaldHorse]

From your last post, you worked hard to get this far, how can you guarantee this man will even try to sell this horse again? Cant you sell it on yourself? You may end up losing money but this poor horse is going to end up being past from pillar to post

 

[poppynurse]

The difficulty is my children are scared of it now and I'm too fat to get on it - I'd squash it! Plus I don't see why I should loose out financially....I've still got to find son a suitable pony. The more I've spoken to folk round here the more I'm hearing negative things about the dealers - but I thought they had a really good reputation, they certainly sell enough horses all over the country.

 

[Dovorian]

If they are dealers that means legal obligations to seel an item (pony) which is fit for purpose. I guess you made you needs and expectations known at the time - how 'unsuitable' is the pony? Maybe Trading STandards can help if you have a clear issue.

 

[PiebaldHorse]

The dealer could resell it, but then resell it well below what you paid for it, and as you agreed for them to resell it, there is nothing you can do about it.

Cant you find a trainer in your area that can train it up for you?

I really feel for your situation, but poor horsie

 

[WishfulThinker]

If the dealer re sells it on your behalf, then and it gets passed to another family unfortunately if they end up in the same situation as you they will have no come back as it will be a private sale as it will not be the dealer they are buying it off of.

I would press for a refund. Go to local Citizens advice beaureau, speak to trading standards, and get a solicitor to send out a nice letter to the dealer!
I know in Scotland Verbal contracts are binding, dont know about down there.

 

[PiebaldHorse]

Did you get receipt etc?

If you paid via credit card then speak to them and they should be able to issue a refund.

Also i would go to my solictor and get them to send out a nice letter.

On your last posting, you got good advise, threaten them with bad publicity

 

[poppynurse]

Unfortunately credit card company are not very helpful, looks like I will have to take them to court, when I said this on the phone he said you can try but you won't win and you'll have to pay my costs - that's whats happened in the past according to him. And they are being careful not to put anything in writing. He even said that the sale of goods act doesn't apply.....trouble is it will be my word against theirs.

 

[FMM]

If the pony was sold as suitable for a novice child and it is not, then you will be able to successfully sue the dealer. Make sure he knows that you are prepared to do this. The law still treats ponies as if they are washing machines, and at the moment this means that the buyer has a lot more protection than the seller! Speak to your CAB if you do not have a friendly lawyer.

 

[poppynurse]

Unfortunately my friendly lawyer can't help as her firm is acting for 'them' on another matter so there is a technical conflict!!! Looks like it'll be me v them in the small claims court, only trouble is they are between addresses so I've got nowhere to serve the papers

Why is my life so complex???

 

[the watcher]

there are other lawyers..and it may be that papers can be served on their legal representative on their behalf, or usually their last known address is used. don't be put off, there are some great dealers out there but the bad ones should be named and shamed (after they have lost in Court, of course)

For local support, try your county BHS committee (you will need an expert opinion on the pony in any case) or local Horsewatch group, they may already have had dealing with these people...

 

[poppynurse]

Their solicitor has declined to accept papers on their behalf - I'll have to look into the validity of serving them on their previous address, not sure that would count?

 

[the watcher]

if you pm I can give you further advice or contacts locally who can help

 

[S_N]

Write to the press and shop the B4ST4RDS!!! That'll make 'em change their tune!

 

[PiebaldHorse]

Hope all ends well