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

[wingedhorse]

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.

I used to around 2001, keep an ex-racehorse on an event yard. I had plans to travel for a bit. I sold him via a SJ dealer who was personally recommended. He loved to jump (I didn't) and had his jumping polished and was sold to a low level eventing home, fully vetted etc.

A few months later the new owner (more experienced than I was, BE eventer etc), phone up that horse was taking off out hacking and bolting. And had done it with her experienced yard owner.

I couldn't really help, nor could I buy horse back (I had paid half the sale price in training and selling fees), and had left my job re the travelling.

They phoned my yard owner (named eventer) and the large breaking yard next door. Both testified that I had successfully hacked the horse extensively, mostly solo, as a relative novice, all across the miles of Downs and Ridgeways that were local.

The owner dropped the case. And kept the horse, he then had secondary physically issues, surgery, and was eventually PTS.

Point to my rambling, do you have a series of respected professionals willing to testify to the pony's good handling and ridden behaviour?

I would be inclined to reply:

You experienced the pony as easy handle and as a kind children's pony. You have the following professional witnesses who are willing to support this statement, as witnesses on a number of occasions.

You will not accept the pony as mis-sold.

However you will accept that the pony is currently not happy and it is not unheard of for ponies to change their behaviour when they change home.

Your suggestion is that the pony needs to be sold, and you recommend X professional who knows the pony, and should be able to sell the pony on for them.

 

[Ballerina]

One of the girls down the yard who rode this pony for the girls first ever show last year where places 4th in a showing class of 15+ and qualified for sunshine tour , they went to hickstead and done well . The girl has contacted them telling them that she had never experienced any behaviour that they are describing and the lady is still not happy with that.

 

[be positive]

It sounds as if the pony is very unhappy for some reason, a change of home can sometimes make even the best pony behave out of character, she was obviously unsettled initially then became better so for a few weeks they were happy, it is now summer holidays so they are probably doing more and something has set her off again, it could be numerous things from the tack being on wrong, her gaining or losing weight so the saddle no longer fits, rough handling, unsympathetic instructors, teeth needing doing, the list goes on, none of which mean she was mis sold it just happens sometimes, I have seen it often enough and at times it can be easily fixed if the new owner is willing and able to try, other times they are not so willing or able and it will never work out.

If it were mine I would always take the pony back but after 2 months it would be to sell on their behalf, I think they will find the costs of actually taking you to court will be far more than they stand to gain, if you can meet them halfway by offering to have it back and give them whatever is left after expenses, any sensible legal adviser would tell them to take that offer rather than waste money trying to chase you, the other option would be for them to send it to a professional yard to be assessed and sold if suitable, they will need a professional assessment if they did decide to take further action against you and I guess they haven't done that yet otherwise they should have sent you the damning video evidence.

 

[Exploding Chestnuts]

I am sorry for pony, to be unwanted by owners, but it IS the owners responsibility, all you can do is to advise/take him back at no expense,

 

[Ballerina]

Thank u all for the advice and a bit of reassurance as one msg she sent was for me to give her half the money back and she tries to sell her for the rest of the money to get her money back. I have constantly tried to reason with this lady but all she keeps saying is the pony is dangerous and wants her money back.

 

[stormox]

The buyers have
1) seen and tried the pony.
2) phoned to say the pony is going nicely.
3) kept the pony for 2 months with no complaints.
4) are refusing to send videos or give any other evidence the pony is misbehaving.
I see absolutely no reason why the seller should take the pony back and refund the money (ie buy it back). The seller sold the pony in good faith, she cant afford to buy it back, neither does she want the pony as her son doesnt want to ride.

My guess is they have just got fed up with the realities of horse owning. Let them threaten court action- I doubt they will go through with it.

 

[Ballerina]

The buyers have
1) seen and tried the pony.
2) phoned to say the pony is going nicely.
3) kept the pony for 2 months with no complaints.
4) are refusing to send videos or give any other evidence the pony is misbehaving.
I see absolutely no reason why the seller should take the pony back and refund the money (ie buy it back). The seller sold the pony in good faith, she cant afford to buy it back, neither does she want the pony as her son doesnt want to ride.

My guess is they have just got fed up with the realities of horse owning. Let them threaten court action- I doubt they will go through with it.

Thank u, as when someone is harassing me till midnight and I have to get up to go to work at 4.30 am it makes me think omg she's taking me to court in then goin to have a ccj against my name and the poor pony is so unhappy to be acting this way , what have they done to her poor thing. It's not like I can ring someone and ask them if she's being badly treated as she's so far away, it's made me so upset and stressing about the whole situation.

 

[oldie48]

Poor pony, it won't be the first time that changing homes changed a pony's behaviour. If your son did PC it would be worth getting your DC to comment on her behaviour at rally's etc. I wouldn't be taking the pony back and I doubt it will come to court. Has she posted anything on FB about the pony, might be worth looking.

 

[Ballerina]

Poor pony, it won't be the first time that changing homes changed a pony's behaviour. If your son did PC it would be worth getting your DC to comment on her behaviour at rally's etc. I wouldn't be taking the pony back and I doubt it will come to court. Has she posted anything on FB about the pony, might be worth looking.

As I have always had ponies and horses since a young age so when I had my son and he was old enough [4years old] lol.I wanted him to ride m, he learnt how to ride on this pony, but he was never into it to start pony club so never joined but did go to shows. I don't have Facebook but the girl that rode her had and are friends with them so we could keep in contact with them and they supposedly have t put anything on it .

 

[fatpiggy]

I am sorry for pony, to be unwanted by owners, but it IS the owners responsibility, all you can do is to advise/take him back at no expense,

But she doesn't own the pony any more. The new owners are responsible for him. They should seek professional help from a riding instructor. I suspect the court route is pure threat.

 

[Roasted Chestnuts]

Say no and leave them to it. Pony was tried and bought based on that viewing. I would have no further contact with her. I would also speak to someone legal about this and have some professional advice. One she realises you are NOT entertaining this then she will either have to put her money where her mouth is and pay a solicitor to send you a letter or leave you alone.

 

[Snuffles]

She wants you to give her half the money back and "sell the horse herself" cynical moi ? Methinks they are trying it on

 

[smja]

Everything that you have seen with your own eyes says this pony is genuine. you have provided further references of pony's character.

New owner has not provided any evidence of 'dangerous' behaviour, and even reported good behaviour verbally.

Despite what emotions you have towards the pony, it is her problem and not yours. Do not have any contact with her. If she's calling you until midnight, switch off your phone/put it into airplane mode.

 

[AmyMay]

Well your best course of action now is to send her your solicitors details and tell her to refer all further correspondence through him.

 

[JillA]

If you care for the pony, find a way to get him back - he is clearly struggling and if she passes him on as not safe he will end up at a sale.
If you don't care for the pony, say "see you in court" and call her bluff. She has had the pony long enough to make a significant difference to his health and temperament - and he was sold as seen, they had ample time to try him, he was fit for purpose at that time. No court will find in her favour - especially if you (or someone you delegate to as if he was on loan) goes and can pinpoint what they are doing to make him defend himself so much.
Where is he and how much does he owe you - if he is that good someone on here might be prepared to either go and see what is going wrong, or even buy him and work to get him back to the good child's pony you say he was. Good ponies for kids are usually sought after

 

[The Fuzzy Furry]

OP, are you the one 'involved' on a v long facebook thread in the south on a high traffic horse group?
Very similar thing going on in local pages since weekend :confused3: If not, my apologies

 

[Ballerina]

OP, are you the one 'involved' on a v long facebook thread in the south on a high traffic horse group?
Very similar thing going on in local pages since weekend :confused3: If not, my apologies

Don't know as I haven't got Facebook

 

[Ballerina]

What was that about ?

 

[FestiveFuzz]

OP, are you the one 'involved' on a v long facebook thread in the south on a high traffic horse group?
Very similar thing going on in local pages since weekend :confused3: If not, my apologies

I thought that one was sold on behalf of the owner by a dealer, if it's the thread I'm thinking of?

 

[The Fuzzy Furry]

I thought that one was sold on behalf of the owner by a dealer, if it's the thread I'm thinking of?

Bit more to that one than meets the eye too.

op, not you in that one then

 

[Ballerina]

Bit more to that one than meets the eye too.

op, not you in that one then

Thank god I haven't got Facebook �� X

 

[FestiveFuzz]

Bit more to that one than meets the eye too.

Indeed! All sounds very odd.

 

[hairycob]

I think Sniffles is on the right track

 

[CleanShavings]

Another option is to ask if one member of HHO would go and access the pony for you if they are local to it now. It would need to be a professional riding instructor etc, but if all is well then you will have evidence, or on the other hand if pony is being difficult they can suggest a course of action that not involve going to court.

 

[Exploding Chestnuts]

I don't think they will go to court, and if they do it will be in OP s court, it is unlikely to "win" whatever that means, and if OP is skint she can pay back in small doses.

 

[Tapir]

They won't sent you videos of the bad behaviour, want half their money back and to keep the pony? They're trying it on.

 

[mytwofriends]

Everything that you have seen with your own eyes says this pony is genuine. you have provided further references of pony's character.

New owner has not provided any evidence of 'dangerous' behaviour, and even reported good behaviour verbally.

Despite what emotions you have towards the pony, it is her problem and not yours. Do not have any contact with her. If she's calling you until midnight, switch off your phone/put it into airplane mode.

This I'm sorry to say.

The new owners are taking the mickey. They need to put some time and effort into finding out what's wrong with THEIR pony.

 

[Southern]

I moved my horse to a new yard and she gradually became more and more unsettled there. I was there several months and my horses behaviour changed dramatically. She hated it and became dangerous to try to hack. I moved yards again and my horse reverted back to the saint she'd been before.
A yard change can make a huge difference to behaviour.

 

[Lanky Loll]

Can you not offer to go over and see what the problem is to work with them to sort it out? I wouldn't be offering to buy back as yes 2 months is long enough for them to have caused all sorts of issues; but working with them either to get the pony going for them to sell or getting the child and pony together again may be seen as a positive step?

 

[Roasted Chestnuts]

Chances are if the OP goes to them personally they will bully her into taking the pony back, I would stay clear.