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

Exacactly ..
fatpiggy said:
You and Wagtail will put your hands in your pockets then to rescue the animal? No? Thought not.[/QUOTE
Its only a pony that has been bought by someone who now doesnt want him, for whatever reason. It isnt a rescue case, its a scenario that happens time and time again. The buyer should just sell him on, hopefully to a more suitable home, not threaten the seller.
Click to expand...
 
fatpiggy said:
Indeed they are - but that doesn't include telling the OP that IF she thought anything about the pony she would just buy it back. A nice little stab in the back there.
Click to expand...

Very good point, it does seem like some posters have the same emotional blackmail reasoning as the people complaining in this case. the OP cannot afford the pony, neither is it her problem to deal with.
 
OP - Seek an hours legal advice. CAB or most solicitors places will have a half hour or hours free consultation.

You cannot afford the pony so you will not be buying it back. That does not make you heartless, or cruel or anything else. They had pleanty of time by law to return the pony but have not done so. Going to visit the pony could be seen as accepting liability, I personally would not.

You sold the pony, and as much as I know you probably still care deeply for the pony, sometimes you have to be hard hearted.
 
Ponies can change very quickly! Our SecA was always a bit sharp, but he went well for a wee rider and off on loan he went. He went reasonably calm. What I got back after 8 months was a performance pony who was on performance feed and was a bit of a live wire. He still has his moments and with 1 rider he is an angel, but with my daughter he still makes a sharp exit and will test her. She has electric knickers, as do I and I can turn the deadest horse into a raging psychopath. That's is MY issue not the horses!

Seek legal advice as it sounds like they have changed the routine for the pony far to much. I would bet that it is stabled, well fed above what it requires and is just bursting with energy! As for the buying it back. Don't feel bad that you cannot. You didn't sell it off in an instant to the first person who walked up and waved cash at you. It was a responsible sale....but you cannot judge jsut how nutty some people are! If I sold mine no way would I be able to buy it back. Nor would I be taking out a loan to.
Also what I have learnt is that a Lead Rein pony is NOT a first ridden! The elderly one we recently had PTS was a lead rein - fab when led. Little devil off the lead rein and would buck, run sideways and spin as he felt he had freedom.
So if you sold as a lead rein and it is still ok on teh lead but a devil off then that is NOT your fault. They are very different requirements. Lead Rein don't think for themselves.
 
Sorry haven't replied but with some coments that the pony could be very unhappy and in a bad way upset me . I blocked her number and the girl down my yard who new owner msged on Facebook to said that a letter will be getting sent to me and that she is not allowed to send her any pics to me or contact with her anymore. So I suppose, it's a waiting game untill I receive the letter. I love the pony to bits but just can't afford to buy her back and the way the pony is acting was not and never has acting badly in my care .
 
fatpiggy said:
Indeed they are - but that doesn't include telling the OP that IF she thought anything about the pony she would just buy it back. A nice little stab in the back there.
Click to expand...
Fat piggy, try practising a little generosity of spirit in your interpretations of others motivations. People are entitled to their opinions, no one is trying to hurt the original poster, but are instead trying to help her consider from all angles. It is kind of people to do so, not devious. There is no need for you to take unnecessary offense on someone else's behalf where none is meant.
 
As a private seller you are not subject to the Sale of Goods Act and providing you can provide evidence if required that the pony was safe and sane you are not in any way liable.
Do not offer to buy it back, come to an agreement or otherwise mollify the person.
If you hand on heart feel that you sold a sensible pony for a very small amount of money then you are not at fault. It will cost them considerably more than the cost of the pony to pursue you for the money.
Any offers to them must be made 'without prejudice' or if it ever did come to court, which I very much doubt it will, it will be considered against you.
The only thing they may do is to bring a small claims court case against you. This will still cost them yet more money.
When and if you receive the letter do not be scared by the language in it. Reply with no emotion that you are not prepared to purchase the pony;
Good luck. I'm sorry if you were genuinely fond of the pony because it's a horrible thing when things go wrong, but if you are convinced you are not at fault, I suggest you aren't and shouldn't feel guilty.
 
I feel sorry for the pony as as she is so sweet and loving and they convinced me she would be going to a lovely caring home, I was in no rush to sell her and even put people off is I didn't think they was a suitable home for her. I just feel that I'm stuck in a corner as they haven't shown me no proof of this behaviour but threatening me with court , new owner will do this as she is very pushy .
 
Ballerina said:
I feel sorry for the pony as as she is so sweet and loving and they convinced me she would be going to a lovely caring home, I was in no rush to sell her and even put people off is I didn't think they was a suitable home for her. I just feel that I'm stuck in a corner as they haven't shown me no proof of this behaviour but threatening me with court , new owner will do this as she is very pushy .
Click to expand...

Of course you feel sorry for the pony, none of this is your fault and it's a really upsetting situation for you. Other people can disagree, but If it were me, I would try my very best to avoid a court case as it could be even more costly in terms of your stress and finances. I won't risk it.
 
Ballerina said:
I feel sorry for the pony as as she is so sweet and loving and they convinced me she would be going to a lovely caring home, I was in no rush to sell her and even put people off is I didn't think they was a suitable home for her. I just feel that I'm stuck in a corner as they haven't shown me no proof of this behaviour but threatening me with court , new owner will do this as she is very pushy .
Click to expand...

There you go then. This woman has clearly gotten through life bullying people into giving her what she wants and is now using these tactics on you. just get legal advise, and wait it out. also if you have anyone who can testify to the temperament of the pony get those written down/recorded just in case.

Have a swatchy at this:

http://www.horseandrideruk.com/article.php?id=200
 
Put the situation into perspective.

Op is not a dealer and has no reputation to protect or uphold. The pony was sold with a truthful advert and has a provable CV which others are able to clarify. Assume it was vetted or the purchaser chose to proceed without vetting. The pony has been gone for 2 months with no contact to vendor so the assumption would be all was fine. Out of the blue the new owner decides all is not fine and contacts the vendor but refuses to provide proof that all is not fine, but insists on returning the pony and recouping the purchase price.

It is not rocket science to see what is going on. The purchaser's child may have had a confidence issue or tumble off her new pony, or may not be interested in riding anymore, or may not like the colour of the creature etc etc. Purchaser wants out of the pony so decides it is a bad one and gives the vendor grief. If the purchaser was to market the pony herself suspicion would arise as to why the pony is being moved on so quickly, I would bet they haven't even updated the passport yet, potential new purchasers would automatically think there is an issue when viewing a pony that had only been in ownership a matter of weeks and was being moved on.

The quick way out is for the purchaser to create merry hell with the vendor in the hope bullying will intimidate the vendor. If I was the OP and 100% happy that I had sold a genuine, fit for purpose pony to what was thought to be an ideal home I would simply keep the sales receipt safe, perhaps speak to the BHS and tell the purchaser that all future contact is to be done in writing as I will not take threatening phone calls and then just wait to see if the purchaser wants to put her threats in writing. Remember what is put in writing needs to be provable and the purchaser seems to be unable/unwilling to provide that proof.
 
I would assume that due to the fact that the buyers have not given specific reasons as to why the pony is un suitable, nor given the OP a chance to rectify any issues that the buyer is having will work against the buyers if it does go to court.
 
I can speak with absolute experience having been taken to court by the purchaser of an event horse that my daughter used to compete. After six months during which time we had had no inkling that there was anything wrong, in fact the purchaser's facebook page was full of how good the horse was, he napped at the start of a one day event.
This was a reasonably high value horse sold because daughter was going off to live and work abroad.
I had a hideous year of threats, solicitors letters, refusal on purchaser's part to have any help from me or to go to mediation. I offered a 'without prejudice' amount to buy the horse back which was refused.
I discovered that our house insurance covered legal fees and the insurance company (Thank you NFU Mutual) stood by me.
The case went to court, it took six and a half hours of court time, and I produced several witnesses (and also had many witness statements legally prepared) and my daughter flew back from abroad to appear. None appeared from the other side.
The case was thrown out by the judge as I had not misrepresented the horse in any way.
It gave me excema and high blood pressure and an ulcer.
The best part was we found the horse in a dealer's yard some time later, bought him back for considerably less than I'd offered before and he is now competing with a teenager at PC and BE activities with great success.
It transpires that the same person had attempted to sue all sorts of other people and applied her bully tactics to many of them. If what you say is true your person does not have a leg to stand on.
 
Ballerina said:
Sorry haven't replied but with some coments that the pony could be very unhappy and in a bad way upset me . I blocked her number and the girl down my yard who new owner msged on Facebook to said that a letter will be getting sent to me and that she is not allowed to send her any pics to me or contact with her anymore. So I suppose, it's a waiting game untill I receive the letter. I love the pony to bits but just can't afford to buy her back and the way the pony is acting was not and never has acting badly in my care .
Click to expand...

Not allowed by whom? Alarm bells would be seriously ringing - can you not tell us which part of the country and see if someone on here would visit and report back to you.
 
JillA said:
Not allowed by whom? Alarm bells would be seriously ringing - can you not tell us which part of the country and see if someone on here would visit and report back to you.
Click to expand...

If I do this , will the new owner not use it against me if it does go to court ? I an get written evidence from the child's parents that have rode her and even from parents the children that have rode her from my school where I work . Hat annoys me is that they came and tried her with two different kids and I had jockey that rode her first,I told them everything I knew about the pony and they was happy to purchase but now they are having issues its somehow my fault and satin things like how can I put a child in danger???? Why the hell would I do that , I work at a school and have a child of my own. Like I've said this pony was with me for 4 years and backed and produced myself and never had a problem, she's only ever been in my care untill 2 months ago.they knew this so how is it my fault that the pony is acting different and needs to trust them as it sounds like she doesn't. This has put me off ever buyin. Another horse or pony and I've owned ponies/horses since I was 5 (now 31).
 
Achinghips said:
Fat piggy, try practising a little generosity of spirit in your interpretations of others motivations. People are entitled to their opinions, no one is trying to hurt the original poster, but are instead trying to help her consider from all angles. It is kind of people to do so, not devious. There is no need for you to take unnecessary offense on someone else's behalf where none is meant.
Click to expand...

The regular bitches on here could all take that advice. I never said they were being devious. Just plain nasty to someone who is in a quandry. So much for supporting each other through thick and thin. Thank god I don't have a horse anymore, because I heard and saw plenty of exactly the same attitudes in my own area. But hey, that's women I suppose.
 
Mooseontheloose said:
I can speak with absolute experience having been taken to court by the purchaser of an event horse that my daughter used to compete. After six months during which time we had had no inkling that there was anything wrong, in fact the purchaser's facebook page was full of how good the horse was, he napped at the start of a one day event.
This was a reasonably high value horse sold because daughter was going off to live and work abroad.
I had a hideous year of threats, solicitors letters, refusal on purchaser's part to have any help from me or to go to mediation. I offered a 'without prejudice' amount to buy the horse back which was refused.
I discovered that our house insurance covered legal fees and the insurance company (Thank you NFU Mutual) stood by me.
The case went to court, it took six and a half hours of court time, and I produced several witnesses (and also had many witness statements legally prepared) and my daughter flew back from abroad to appear. None appeared from the other side.
The case was thrown out by the judge as I had not misrepresented the horse in any way.
It gave me excema and high blood pressure and an ulcer.
The best part was we found the horse in a dealer's yard some time later, bought him back for considerably less than I'd offered before and he is now competing with a teenager at PC and BE activities with great success.
It transpires that the same person had attempted to sue all sorts of other people and applied her bully tactics to many of them. If what you say is true your person does not have a leg to stand on.
Click to expand...

I would have been tempted to go for a no-win no-fee personal damages and counter-sue them. Failing that a few phone calls...
 
To be honest, by the time it was all over we were exhausted though very happy to be completely exonerated.
The cherry on the cake was getting the horse back and seeing him go to further successes with his new rider.
What was interesting was that the purchaser had gone to one of these equine lawyers who advertise in H and H. Obviously there is some sort of deal whereby they agree, for a fee, to write three increasingly aggressive and demanding letters. These I received.
By the time the third letter came I was being sued for not only the purchase price, but the cost of the tack and the keep of the horse for six months.
This was well into five figures. However my legal advice was to sit tight. I agreed to mediation, but the purchaser wouldn't.
Just before the original court hearing the purchaser dropped the amount she was suing me for to just under the maximum amount allowed at the small claims court. It was patently obvious that she had no case and would lose and if it went to county court she would be liable for costs. (It transpires that this is what she did in other non horse related cases).
This meant she had her day in court, her chance to say what she liked, but no opportunity for me to get my costs back. However my legal fees, which would have amounted to £12K were covered by my insurance company.
Apart from anything, it makes me mad that the court system, which is so busy, was taken up for an entire day but this completely time wasting case.
The BHS were also extremely helpful.
If the woman in the OP's case gets a solicitor to write a letter she will have already spent about a third of the cost of the pony. The fees wrack up very quickly. It's a horrid situation to be found in but sit tight.
 
What a horrible situation to be in, especially as it involves children! You've had loads of great advice already, hope it all works out well.
 
AdorableAlice said:
Put the situation into perspective.

Op is not a dealer and has no reputation to protect or uphold. The pony was sold with a truthful advert and has a provable CV which others are able to clarify. Assume it was vetted or the purchaser chose to proceed without vetting. The pony has been gone for 2 months with no contact to vendor so the assumption would be all was fine. Out of the blue the new owner decides all is not fine and contacts the vendor but refuses to provide proof that all is not fine, but insists on returning the pony and recouping the purchase price.

It is not rocket science to see what is going on. The purchaser's child may have had a confidence issue or tumble off her new pony, or may not be interested in riding anymore, or may not like the colour of the creature etc etc. Purchaser wants out of the pony so decides it is a bad one and gives the vendor grief. If the purchaser was to market the pony herself suspicion would arise as to why the pony is being moved on so quickly, I would bet they haven't even updated the passport yet, potential new purchasers would automatically think there is an issue when viewing a pony that had only been in ownership a matter of weeks and was being moved on.

The quick way out is for the purchaser to create merry hell with the vendor in the hope bullying will intimidate the vendor. If I was the OP and 100% happy that I had sold a genuine, fit for purpose pony to what was thought to be an ideal home I would simply keep the sales receipt safe, perhaps speak to the BHS and tell the purchaser that all future contact is to be done in writing as I will not take threatening phone calls and then just wait to see if the purchaser wants to put her threats in writing. Remember what is put in writing needs to be provable and the purchaser seems to be unable/unwilling to provide that proof.
Click to expand...

Very sound advice here.

OP - where abouts in the country are you? :)
 
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...

Achinghips said:
Fat piggy, try practising a little generosity of spirit in your interpretations of others motivations. People are entitled to their opinions, no one is trying to hurt the original poster, but are instead trying to help her consider from all angles. It is kind of people to do so, not devious. There is no need for you to take unnecessary offense on someone else's behalf where none is meant.
Click to expand...

Or you could show a little generosity in spirit towards the OP, particularly as you initially suggested it couldn't be even possible that a pony could change in 2 months!
The OP was/is clearly very upset about the situation, I am sure in an ideal world she would like to buy the pony back but the world isn't always ideal is it.

OP I am sorry you are having to go through this and do hope you get it sorted. The current owner has done nothing right as far as the law is concerned.
 
It would be great if you could get some written statements from people who knew the pony before it was sold and would vouch for it being safe and reliable. With those in your hand you could accuse the buyer of ruining the pony and then offer her a small sum of money to take it off her hands - if the pony is genuinely being a problem now she should be glad to sell it back to you, you'd be in control of what happened to it and with some re-schooling if necessary you could sell it again or maybe loan it out to a good home
 
ester said:
Or you could show a little generosity in spirit towards the OP, particularly as you initially suggested it couldn't be even possible that a pony could change in 2 months!
The OP was/is clearly very upset about the situation, I am sure in an ideal world she would like to buy the pony back but the world isn't always ideal is it.

OP I am sorry you are having to go through this and do hope you get it sorted. The current owner has done nothing right as far as the law is concerned.
Click to expand...

Again an odd lack of generosity in spirit interpretation of your own, you will see I asked how that could happen as I couldn't believe i based on my own experience, not suggested it couldn't and then accepted that it could, once I was educated by other members examples. My opinions change as I learn. As should everyone's instead of rigidly holding to beliefs in light of new information. Now, let's stop bickering and try and get on with helping the OP.
 
Last edited:
You must log in or register to reply here.
Top