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

Ask for video evidence. If the horse is stressed out and unhappy, I would go get her back. I'd feel pity for her and obligated, and, more so, having backed her myself. I would find the money from somewhere. If you lose in court, which is probable as a child is involved, you will pay solicitors fees also.
 
Last edited:
Achinghips said:
Ask for video evidence. If the horse is stressed out and unhappy, I would go get her back. I'd feel pity for her and obligated, and, more so, having backed her myself. I would find the money from somewhere. If you lose in court, which is probable as a child is involved, you will pay solicitors fees also.
Click to expand...

There is nothing to lose in court the problem has clearly occurred recently why under the buyers control and why should a child being involved change the application of law ,there are to many assumptions being made here.
For what its worth I would just ignore them and shut it out of your mind and if they keep harassing you warn them to stop and then go to the police if not. There is a legal system in place to deal with it if they want to try and use it which I doubt they will ,dont be afraid of losing as I very much doubt they will.
They are trying to bully you most likely because theres been a change of heart. From experience those who shout about it very rarely go to court as they know they dont have a leg to stand on.Put simply in two words Ignore them!!!!

If you feel you owe the horse anything thats a different matter but only you know that! Sounds like they have screwed it up not sure id want to risk taking it back for sentimental reasons.
 
I think they are trying it on to be honest. You didn't baulk straight away when the said take her back or go to court so now they are just trying to break you down by harassment. If they were serious I don't think they'd be trying to negotiate. As soon as you said no they would've instructed lawyers or sent a letter from their solicitor. They haven't provided video evidence as you requested.

I would assume the behaviour is a result of something they are doing/have done and they should get professional help with the pony. I think I would take the hard line and say you won't take pony back and they need to seek help with her. Only reply to correspondence that warrants a reply and if it gets too much direct her to your solicitor.
 
Lots of advice on here, but OP has to decide if they want to find the money to buy pony back. As far as i can see the only other alternative is to find a good equine lawyer (there are a few around) and get some professional advice. Must be worth a couple of hundred pounds to sort it out. Stressful going down the legal route - yes, but worth it in the end.
 
supagran said:
Lots of advice on here, but OP has to decide if they want to find the money to buy pony back. As far as i can see the only other alternative is to find a good equine lawyer (there are a few around) and get some professional advice. Must be worth a couple of hundred pounds to sort it out. Stressful going down the legal route - yes, but worth it in the end.
Click to expand...

why waste money now on a solicitor ,they are only threats at the moment that rarely come to fruition. . The quickest way to bring it to a head is to ignore them and force their hand which is what they are trying to bully the OP into.
 
Thank u all for advice as really appreciate it , the rearing being led has by started from the beginning as they didint mention it at the start ( they said they where doing loads of ground work with her before they wanted to get on ) then 6 weeks later I'm hearing that she's planting and rearing whilst being led!! They have some one thing to this pony for her to acted scared as this pony is no way in hell nasty or naughty . I feel so angry as I've asked what are they doing and they don't say what they are doing, if they are whipping her or being aggressive then any horse will try and defend there self before giving in . If she wins because a child is involved then I wouldn't be able to pay her in one lump sun it would have to be monthly do do I get pony back and pay monthly or don't get pony back untill I've paid it all off ?
In that time she could of sold all what I gave her with the pony i.e fitted saddle bridle loads of rugs ect.
 
If the pony was as sold I do not see you have an issue. You seem to be panicking a lot over this. It could go to court but will cost a lot of money and take a lot of commitment to do so. Even if it goes small claims it costs. You seem to be going around in circles with what ifs. To be honest I don't think that have a leg to stand on. However, stop going around in circles and ring and get some advice from the BHS and see where you stand. Otherwise you are just winding yourself up, going over things you really don't know would or could happen. People talk the talk but rarely back it up.
 
Sukistokes2 said:
If the pony was as sold I do not see you have an issue. You seem to be panicking a lot over this. It could go to court but will cost a lot of money and take a lot of commitment to do so. Even if it goes small claims it costs. You seem to be going around in circles with what ifs. To be honest I don't think that have a leg to stand on. However, stop going around in circles and ring and get some advice from the BHS and see where you stand. Otherwise you are just winding yourself up, going over things you really don't know would or could happen. People talk the talk but rarely back it up.
Click to expand...

As above, you can offer to take pony and all kit back, at their expense.
There is no question of you paying them back the purchase price.
They have been unfair to you and to pony, and it could have some massive damage that in the worst case scenario requires it to be pts.

This, however is very unlikely, much more likely is that they have tired of pony, have messed it up and would like you to give them YOUR money
If you can get them to agree to return the pony, then you are halfway there. Do not agree to go and pick up pony, it may not be there.
Just tell them you will purchase pony for a nominal sum [say £300 cash on delivery, as this is all you can afford at the moment], and ONLY if it is returned to you in good condition and with passport, tack and rugs in the condition they received them, then keep quiet. Do not enter in to any agreement of staged payments or they may then take you to court as a debtor.

BHS legal helpline will advise now even though the problem is in the past.

Be perfectly clear, they own the pony. What they want is your money.
Courts are not interested in ponies, they will look at legal aspects of the sale, which is all in your favour.
 
Last edited:
I've been in a similar situation. Sold a super gentle loving loyal pony to a what I thought were a knowledgeable family. They handled him badly and he got very stressed and started really playing up. Because he's a super little chap who I have a massive soft spot for, I bought him back. However I gave them considerably less than they paid because they had turned a well schooled hunting pony into a feral bag of nerves. I've got him right again am loaning him rather than selling him.

ETA They never threatened me legally; I did purely on welfare grounds.
 
Not a pony but an expensive gundog that the purchaser claimed was gunshy. He demanded a replacement. In fact, he had caused the problem.

I sent a polite reply stating that I'd be pleased to discuss the matter with his solicitor but not with him. I heard no more about it.

My solcitor said that if I sent him another dog, he would just ruin that too! I think he was right.

Do not communicate with the purchaser directly or it will just get emotional. At least a solicitor will be professional and it will cost them money.
 
Dry Rot said:
Not a pony but an expensive gundog that the purchaser claimed was gunshy. He demanded a replacement. In fact, he had caused the problem.

I sent a polite reply stating that I'd be pleased to discuss the matter with his solicitor but not with him. I heard no more about it.

My solcitor said that if I sent him another dog, he would just ruin that too! I think he was right.

Do not communicate with the purchaser directly or it will just get emotional. At least a solicitor will be professional and it will cost them money.
Click to expand...

Best advice so far. The threat of a solicitor often backs off these type of bullies.
 
Agreed. Similar happened to me, many years ago. Parents bought pony for teenager. Known to rear and demonstrated it on the viewing. All seemed happy (sold for peanuts as ongoing project). Had emails to say all was great, loved pony blah blah. Then out of blue I get an email from angry Dad, threatening court action or all money back as he bolted and was dangerous (he was neither). Devastated I arranged within a hour for transport and emailed back to say I was was going to collect him. Silence. I made further contact later in the day and said I would collect the next day and leave money with their YO if they were not around. Then a third party contacted me to say that the family had already sold him to a dealer. I was devastated. They made a vast profit and still tried to screw me over to boot. I managed to trace him but the dealer was hours away and wanted her money back plus transport costs, which were 4x what I sold him for. Never saw him again. Beware they haven't done the same, OP.
 
Black Beastie said:
Chances are if the OP goes to them personally they will bully her into taking the pony back, I would stay clear.
Click to expand...

I would go and see the pony, however far it is. I would also take an experienced child with you who was used to handling and riding the pony. I would ask the other party to led it and ride it so you can see what is going on. Video it if possible. Then get your own rider to handle it and ride it. Video it again. Then explain, if you think it is the case, that the damage has been done by themselves, it was perfect to ride when they tried it and it left you. You cannot be responsible for putting right their mistakes. I would separate the sale price between the pony and it's wardrobe, explain you cannot offer the sale price back as it is going to cost you to put right their mistakes. Offer say half the sale price providing you feel the pony can be turned around and you are willing to take it back. Advise that is all you can offer in an attempt to be helpful. Otherwise suggest they take professional advice from an instructor to have the pony reschooled. If you don't want the wardrobe back tell them to sell it, otherwise negotiate for it. After you have done that tell them take it or leave it and if they want to pursue further you will look forward to hearing from their solicitor. Then leave. By the time you have reached your car they may well have taken up your offer.
 
I really dont understand why people are saying OP should 'go and see the pony'. Its over 2 months down the line, Itd be a wholeday taken up, the expense of 6 hours travelling, hassle for the OP, and the new owners haven't even provided proof that it is doing anything wrong.
If the new owners were nice, and had asked for help, and advice, yes then see what you can do. But they havent been nice, first thing theyve said (after first saying its going well) is ''buy this pony back or we'l take you to court'.
Rude, bullying behaviour, IMHO. A threat, thats all, and one I doubt they will go through with. But if OP plays into their hands by being intimidated into going to their place, the bullying will get worse, OP will be even more upset.
Theres only one thing to be one with these kind of people- block them from your phone and ignore, or as DryRot sensibly says, tell them to contact you via solicitor.
 
Last edited:
stormox said:
I really dont understand why people are saying OP should 'go and see the pony'. Its over 2 months down the line, Itd be a wholeday taken up, the expense of 6 hours travelling, hassle for the OP, and the new owners haven't even provided proof that it is doing anything wrong.
If the new owners were nice, and had asked for help, and advice, yes then see what you can do. But they havent been nice, first thing theyve said (after first saying its going well) is ''buy this pony back or we'l take you to court'.
Rude, bullying behaviour, IMHO. A threat, thats all, and one I doubt they will go through with. But if OP plays into their hands by being intimidated into going to their place, the bullying will get worse, OP will be even more upset.
Theres only one thing to be one with these kind of people- block them from your phone and ignore, or as DryRot sensibly says, tell them to contact you via solicitor.
Click to expand...

Because it's a living, breathing animal and not a car, and because presumably the OP had some affection for the poor animal. It's not all about money and hassle.
 
These people are playing on the obvious affection the OP has for the pony. Sometime you have to just be hard, yes it's an animal but at the end of the day why should the OP put herself in debt for someone else's problems.

She sold the pony with the best intentions, the pony was fit for purpose and as far as the seller goes that's it. Some people are disgraceful on the lengths they will go to including emotional blackmail to get what they want. You have to harden your heart sometimes to show these people they cannot always get what they want.
 
Wagtail said:
Because it's a living, breathing animal and not a car, and because presumably the OP had some affection for the poor animal. It's not all about money and hassle.
Click to expand...

Yep. I'm confused though, how can they have ruined this animal in two months? why would it's behaviour be so different now? I can't quite believe that their treatment of him could have turned this pony around so much ....
 
popsdosh said:
why waste money now on a solicitor ,they are only threats at the moment that rarely come to fruition. . The quickest way to bring it to a head is to ignore them and force their hand which is what they are trying to bully the OP into.
Click to expand...

I know from experience that a good lawyer takes a lot of the stress out of a situation like this. Much less stressful than the bullying of a purchaser trying it on!
 
Achinghips said:
Yep. I'm confused though, how can they have ruined this animal in two months? why would it's behaviour be so different now? I can't quite believe that their treatment of him could have turned this pony around so much ....
Click to expand...

Seriously? You can change an animal in two days if you really try, or two weeks if you aren't trying that hard, especially if it is in a stressful environment
 
Achinghips said:
Yep. I'm confused though, how can they have ruined this animal in two months? why would it's behaviour be so different now? I can't quite believe that their treatment of him could have turned this pony around so much ....
Click to expand...
I sent off my beautiful traditional gypsy cob on loan three months ago. Three weeks ago I picked up a hat rack. I'd even seen him twice in the interim, he not only came back thin, he is also head shy and afraid for his head collar to be put on. In THREE months !!!!
Recovering well now.
 
JillA said:
Seriously? You can change an animal in two days if you really try, or two weeks if you aren't trying that hard, especially if it is in a stressful environment
Click to expand...
In fairness, any horse will take time to settle and this one was in one environment before and after backing so it will take time in a new environment as it will be context specific bound, however, to be turned into a nutcase? I can't quite believe it
 
Sukistokes2 said:
I sent off my beautiful traditional gypsy cob on loan three months ago. Three weeks ago I picked up a hat rack. I'd even seen him twice in the interim, he not only came back thin, he is also head shy and afraid for his head collar to be put on. In THREE months !!!!
Recovering well now.
Click to expand...

That's so awful, what the f did they do to him, glad he's on the mend. As you can see by my pic I have a penchant for cobs !
 
Achinghips said:
Yep. I'm confused though, how can they have ruined this animal in two months? why would it's behaviour be so different now? I can't quite believe that their treatment of him could have turned this pony around so much ....
Click to expand...

JillA said:
Seriously? You can change an animal in two days if you really try, or two weeks if you aren't trying that hard, especially if it is in a stressful environment
Click to expand...

A friend had a pony ruined by the loaners in 5 weeks, left the yard a saint and came back thin, riddled with lice and bronking. Still to this day have no idea what the hell happened as we both saw the pony at the loaners yard to try and help them (I went as friend was too big for the pony so I rode). It happens :(
 
supagran said:
I know from experience that a good lawyer takes a lot of the stress out of a situation like this. Much less stressful than the bullying of a purchaser trying it on!
Click to expand...

The OP has already stated that they are hard up ,why add extra cost ?
I used a very experienced litigation solicitor last year, they turned a situation which was winnable into a 18k judgement against us because of a mistake they dont always save you the cost or indeed the stress. In the OPs case if they felt they needed a solicitor they would be better off just taking the pony back as it would be cheaper in the long run.
Plus do not forget in most cases heard in small claims your costs are not recoverable from the other side.
 
Last edited:
Achinghips said:
Well, if this is the case, let's hope for the sake of this poor pony, the OP buys him back ASAP.
Click to expand...
She cant afford to buy him back, and has no rider for him. Have you read her first post? She sold in good faith and the buyers are using threats to try and make her buy him.
The pony is the buyers responsibility, they saw and tried him and have owned him for over 2 months. They should just sell him if they arent getting on with him. Someones nightmare is another riders dream horse....
 
popsdosh said:
The OP has already stated that they are hard up ,why add extra cost ?
I used a very experienced litigation solicitor last year, they turned a situation which was winnable into a 18k judgement against us because of a mistake they dont always save you the cost .
Plus do not forget in most cases heard in small claims your costs are not recoverable from the other side.
Click to expand...
Correct, but that works both ways, it is just a nonsense to think that the purchaser is likely to get her money back on this pony, nor should they.
I have only found one solicitor who helped me, and represented me in court , this was all done and dusted at court, on the day, after obfuscation by the local practising solicitors who were not interested, as legal aid was not certain. Well, they wrongly advised me it was not available.
I have also had one solicitor who lost my credibility , when he "translated" nappy horse into lame horse, in spite of the fact that I asked him if he was clear what nappy means.
Another told me to forget about taking Lord Tiddleypush to court, when in fact it transpired that I had a good case, most particularly that he had blatently contravened the terms of his RS Licence, among many other things.
OP does not need a solicitor, she just needs to make an offer acceptable to her.
 
Last edited:
You must log in or register to reply here.
Top