Owner wanting me to buy back pony or going to court!!!

B

Ballerina

Well-Known Member
Joined
17 March 2014
Messages
96
Visit site
Hi, I sold a pony to a lady 2months ago , had the pony for 5 years backed and produced myself for my son but he prefers football so decided to sell her as wanted kids to enjoy her and go to a loving family . The lady who brought the pony came to try her, pony was ridden by a child in walk, Troy, canter and jumped then their child got on and walked , trotted about . They where happy and purchased pony. After a few days she said that pony was bucking a little and dangerous but this was not my ponies behaviour at home.after a few days they said she's much calmer and going nicely, haven't heard nothing for the past 1month then yesterday I'm hearing that the pony is rearing being led and that she's going backwards in the school and rearing !! This is so heartbreaking to hear as this little pony had been amazing and when I had to sell her everyone at my yard was so upset . I've asked if they are whipping her or anything that could be making her be so scared and they won't tell me nothing apart from that I have to buy her back or she will take me to court.

I haven't got the money to buy her back and she's 3 hours away . The receipt was seen as sold. I'm so upset as this pony was amazing.

What can I do or where do I stand with this ?
 
What a nightmare! Happy to be corrected but I don't think sold as seen stands up legally, but unless the new owner can prove that you were aware of the current behaviour and knowingly misled/withheld that information I wouldn't expect they'll get very far assuming you're a private seller.

In your shoes though I'd want to see first hand what's occurring so would probably pay them a visit to see if there's anything obvious causing the behaviour.

ETA - was this the pony you described as incredibly strong with a load of bad habits? If so it might just be easier to find the cash and put an end to this before they try to take it to court.
 
Last edited:
The new laws regarding sales have been tightened up and comes down much more for the purchaser now, even with private sales: Must be fit for purpose is something that will be cited at you if they seek legal opinion.
You need to ensure that you have proof of the ponies safety in all respects right up to the point of sale.

I would phone the BHS legal line for assistance if you are a member, also be careful how much you post on the internet as anything could be used in a case.

Edited to add: to put on a receipt 'sold as seen and tried without professional opinion' is still not 'legal' but can help cover ones backside a little if a case goes to court, to add to 'proof' file
 
Last edited:
My first step would be to go and view the pony in its new home.
Id want to see how it's being managed and ridden to see if there is an easy fix for the alleged behaviour
 
I'm with FestiveFuzz - it's documented on here that the pony was incredibly strong and tanking with even an adult on board, so was in no way suitable for a child. To be honest I'm surprised you sold it as a child's pony when you described it yourself as dangerous; you could have killed someone's child :(
 
EQUIDAE said:
I'm with FestiveFuzz - it's documented on here that the pony was incredibly strong and tanking with even an adult on board, so was in no way suitable for a child. To be honest I'm surprised you sold it as a child's pony when you described it yourself as dangerous; you could have killed someone's child :(
Click to expand...

I think from reading the op and then the thread you are referring to that is not the same pony. In the op it is stated that her son prefers football and gives the impression that new owners have pony on the lead rein. In the old thread about a strong pony op says she has competed and won etc on the strong pony so I'm guessing it is a bit bigger than a lead rein?
 
EQUIDAE said:
I'm with FestiveFuzz - it's documented on here that the pony was incredibly strong and tanking with even an adult on board, so was in no way suitable for a child. To be honest I'm surprised you sold it as a child's pony when you described it yourself as dangerous; you could have killed someone's child :(
Click to expand...

Ballerina said:
Long story short my pony is very strong and has loads of bad habits like runs to the jump with head in the air constantly trying to get tongue over the bit, I've tried Wilkie, Pelham, etc with martingale and grackle.

He's always done this with any riders that have had him in the past. He does it when schooling, hacking beach rides and cross country. It gets dangerous.

He is a very hot headed pony he's has teeth, back and saddle checked and he still does it.
Peoples options please on 2 ring Dutch gag, roundings, martingale, flash. I know it sounds a lot.
Click to expand...

To be fair in the OP she refers to the pony as "she", in the post I have quoted she has refered to the pony as a "he" so I am presuming the pony she is talking about in the quote is not the one she has sold.
 
I would just buy it back. Less hassle, you won't damage your reputation, and at least pony is in safe hands, not shuffled off to the sales. Could they transport her back?

I think it may go in the buyer's favour if it went to court - there is a child involved and that will probably affect the verdict.
 
Think you have the wrong pony the pony I'm on about has not ever ever bombed off or done anything like that the whole time I've owned her, the pony wouldn't know how to. I've asked for videos and they are never helpful.
 
So I take it it really was a genuine pony with no probs OP? And there were no complaint- there was even a phone call to say it was going nicely - till theyve had the pony 2 months? It surely must be something theyr doing, or not doing. I see no reason to just 'buy it back' - I would definately either get them to video the bad behaviour, or go and see it for yourself, they might have been doing ridiculous things, or actually just have changed their minds having found out the realities of horse ownership!
OP - do you mean the videos arent helpful, or the buyers about videoing? If its the buyers not showing you what the ponys doing, I wouldnt believe them at all.
 
Last edited:
If they have not contacted you for nearly two months, they have not been fair to you or pony. The threat of court action is just that, no one knows what action a court would take and if it is small claims, then it would have to be raised in your location, not theirs [I think]. Any other court action would be very expensive and just as risky.
I would suggest you try to compromise, this will probably be spurned, but in the court s eyes, you have been reasonable, and they have not.
You can suggest they get a vet report and also get a senior BHSII to examine it, they have taken on ownership, and really, it is their responsiblilty to sort it, however if you word your LETTER carefully, they may see a way forward, for ponies sake it would be best returned, but it no longer has the value it once had.
 
As others have said, go and see the pony. I know she is 3 hours away but you owe her that. Often there is a reason why horses start misbehaving and it is often due to maltreatment in their new home, or badly fitting tack etc. My friend sent a lovely 4 year old away to be produced (he'd been backed the previous summer and then came back here to rest). He was born here and came out of winter in beautiful condition. He started rearing at his training home and when my friend visited she found a dehydrated skinny (condition score 1.5 - 2) and withdrawn horse. She was heartbroken. He's now with someone else and looks majorly better after only 2 weeks. He has also stopped his rearing. We are visiting him every week. This person was a well respected trainer who was highly recommended to us. Just shows you can't trust anyone and have to visit. Go see your girl.
 
Wagtail said:
As others have said, go and see the pony. I know she is 3 hours away but you owe her that. Often there is a reason why horses start misbehaving and it is often due to maltreatment in their new home, or badly fitting tack etc. ............. Just shows you can't trust anyone and have to visit. Go see your girl.
Click to expand...

^^^ This. If you have to beg steal borrow or sell your body basically (LOL), then go and see and if you can then buy her back, otherwise she could end up anywhere.

If she was OK with you then there's got to be a reason for this.

Get the money together - somehow - take out a short term bank loan if you have to even; and go and see your girlie, she'll probably be hugely relieved to see you.

I know what I'd be doing if she'd ever passed through my hands.........
 
The buyer hasn't sent me anything videos or evidence that I have asked for. The pony suppose to not have beendoibg this behaviour at first but is now doing it.
 
I have to say I have owned one of mine for 4 years. I've had all sorts of riders on her including myself and she is a real gem of a pony who has never put a foot wrong in any situation (for instance I brought a Christmas tree in a plastic sack home tied to the back of the saddle without her blinking an eye). With novice riders she tends to be a slug so when my 7yr old daughter finally grew in to her my bigger worry was she wouldn't be able to get her going.

I was quite wrong. Not only did she get her going, the pony took off with her and bronked her off! She hung on the first time but the second time she was ditched. This was at home in the field I school the pony in after I had already ridden it for an hour.

So different rider, different pony! Had I just bought her I would definitely be thinking I had been done but as I say, 4 years of impeccable behaviour!

Therefore the pony could easily be behaving badly and if it is, they will naturally be thinking they have been done.

Do you have video evidence and or witnesses to back up the good behaviour of the pony?

If not I might be worried about going to court to defend myself.

I would insist they send you some video evidence of the pony misbehaving. This is completely reasonable for you to ask for. Stick to your guns.

If you get the videos and think you can sort the pony out, go over there and help them. Yes it's a faff but you've said the pony was a good one so personally I would want to do it.

Lastly check out the rights they have and what rights you have too. BHS gold membership is only about 60 quid so if you haven't got it I would get it now. They have a legal advice line which is extremely useful about telling you where you stand.

Re my pony I put her on the lunge and daughter is riding her successfully in controlled circumstances, I will leave it a while before she goes solo as I obviously don't want her to continue to take advantage. Presumably these people don't have the knowledge of how to handle a misbehaving pony and / or are panicking about what they have bought.
 
Panicking after two months ................. to me that is the issue, it takes about a week to ruin the trust of most animals, assuming they re not trying to do it, in which case it can take just a few hours of outright cruelty.

If the pony had been frightened by the new home, it/he /she would not wait two months.
 
stormox said:
I dont think ANYONE should be taking out bank loans to buy a horse- whether it was theirs before or not. What about all the subsequent costs??? vets keep etc?? BIG NO NO in my book.
Click to expand...

Well, when I started with ponies, I had £10K in the bank, and it ended up with a lot of tears/and a lot more than £10K, in fact I had a man booked to shoot my last pony one Thrusday because no one would help me, and he was bought on the Tuesday, by means of BHS Welfare, and that took quite a lot of persuasion as the person who had pony was a biggish noise in the local BHS but made life difficult both for me and for Doolie. Who would opt to shoot a horse for no good reason? I do not know what these people think. They are not horse lovers, they are self lovers.
I know my boy is OK now, but really who the hell would refuse assistance and refuse care of a pony in distress? Preferring that they were shot.?

When I say I started with ponies, that was after 40 years or so of being a professional, starting age 12 breaking 50 Shetlands at ten bob a time. I progressed ................ looking after yards of 30 to 160 TBs , and private training for owners.
 
Last edited:
Change of environment and owner/rider can produce a dramatic change in a horses behaviour. (I had one that took 2 years to settle down)!
My advice would be so to minimise your costs (legal fees cost a fortune in money, time and anguish) would be to get them at their expense to bring back the pony and you to refund them the money they paid for it.
 
OWLIE185 said:
Change of environment and owner/rider can produce a dramatic change in a horses behaviour. (I had one that took 2 years to settle down)!
My advice would be so to minimise your costs (legal fees cost a fortune in money, time and anguish) would be to get them at their expense to bring back the pony and you to refund them the money they paid for it.
Click to expand...

I wouldn't be doing this - they are going to be returning a pony that is very difficult to sell and could take time and £££s to sort out.
 
That's what I mean, they have somehow created this behaviour, if I had the money I'd have her back but I had bills to pay , I just feel they are now taking the mic out of me as they know I love this pony to bits .
 
I think there are two issues here 1) what emotionally you feel for the pony and want to do for the pony and 2) legally what your obligations might be.
I don't pretend to know anything about the legal side but maybe you might want to point them in the direction of this case, might scare them off threating legal action and work with you on a solution.
http://www.bbc.com/news/uk-wales-34982843
 
The Fuzzy Furry said:
The new laws regarding sales have been tightened up and comes down much more for the purchaser now, even with private sales: Must be fit for purpose is something that will be cited at you if they seek legal opinion.
You need to ensure that you have proof of the ponies safety in all respects right up to the point of sale.

Edited to add: to put on a receipt 'sold as seen and tried without professional opinion' is still not 'legal' but can help cover ones backside a little if a case goes to court, to add to 'proof' file
Click to expand...

I think you are misinformed I have just checked the "Money Saving Expert" website regarding consumer rights in a sale and below is the excerpt regarding private sales.

The rules change with private sellers
If you're buying second-hand goods from a private seller (someone who doesn't sell goods for all or part of their living), your rights are nowhere near as strong as when buying from a shop.
The only protection is that it's correctly described and the owner has the right to sell it. Here, it really is a case of caveat emptor or "let the buyer beware".
So if the seller says nowt or little about the goods and you buy it, then that's it. Even if it's shoddy, you weren't mis-sold, so have no comeback.
Though if they lie to you – you do

So as the OP sold the pony as seen and tried and as long as she didn't lie about the pony then the sale would stand. Also when the law changed it amended reasonable time to a defined time of 30 days to reject goods for money back so even if OP was a dealer then the buyers rights would be reduced because of this.
 
Ballerina, OK, a midway approach;

if you are being sincere and truthful on here and if you were to the buyer (as I suspect that you are and were), I'd suggest that the change in the pony's behaviour is of the making of the new owners and so not your responsibility. All so often there are those who spoil decent horses and then threaten Court action to have the damaged goods returned and a reimbursement.

Here's the midway bit; how about writing to the new owner, pointing out that the change in behaviour has only come about post the sale and that whilst you aren't in any way responsible for their treatment of the pony, you will take her back, correct what's wrong and attempt to sell her, but on their behalf. There would need to be a clear understanding as to who's responsible for the keep and ancillary costs, and it would need to be the present owner, but it would be an indication that you're making an attempt to reach resolve.

How many times have we seen horses and their behaviour altered by ignorance or abuse, only to have the buyer attempt to rescind a contract and following their own inabilities? Were I in your shoes and were I certain that I was acting with a clear conscience then I wouldn't take back damaged goods, no matter who it was.

Alec.
 
She was sold for £1150 including full wardrobe, I'm and mum and wife, with only a part time job and a mortgage to pay and Bills, I backed and produced this pony for my son who loved this pony but prefered football so couldn't afford to keep her as pet and for everyone elses children to ride down the yard. I'm a little to big for her and look silly at shows as I'm 31 years on a 12.2hh pony.
 
Given it has taken 2 months for them to say he isn't right and they won't give you any videos of the behaviour, I would be suspicious.
I would write/email back saying sorry they are having issues the pony was fine when he was with you. If they want to bring the pony for you to look at, you would happily help/advise however your not in a position to buy back and its too far for you to travel to them.
 
You must log in or register to reply here.
Top