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

Alec Swan said:
From your posts, I and perhaps others assumed that the conversation with the buyer was on going. Has there been any dialogue with the buyer and within the last 8 days?

Alec.
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Ballerina said:
No nothing
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I would STRONGLY suspect that the buyer has sought legal advice and it's been broadly of the opinion which has been voiced on here.

Setting the well-being of the pony on one side for a moment, there can only be one winner in this and it's sad but compromise is rarely the answer. With compromise you will either partially reimburse the buyer to compensate for their unhappiness, or you will take the pony back and reimburse the buyer in total. In this scenario, you are the loser and from what I read of the events, you are certainly NOT responsible. It also sounds as though the buyer, as others have pointed out, is trying it on, or was.

Good luck, there's no question in my mind that you're on firm ground. :)

Alec.
 
Alec Swan said:
I would STRONGLY suspect that the buyer has sought legal advice and it's been broadly of the opinion which has been voiced on here.

Setting the well-being of the pony on one side for a moment, there can only be one winner in this and it's sad but compromise is rarely the answer. With compromise you will either partially reimburse the buyer to compensate for their unhappiness, or you will take the pony back and reimburse the buyer in total. In this scenario, you are the loser and from what I read of the events, you are certainly NOT responsible. It also sounds as though the buyer, as others have pointed out, is trying it on, or was.

Good luck, there's no question in my mind that you're on firm ground. :)

Alec.
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OR, the buyer has been or is on here and has realised they are a total fruitcake and have no chance .
 
Years ago I bought a child's pony. I paid a lot of money for him as I knew him, had seen him at his yard and at pony club and he was a lovely sensible all rounder. In 24 hrs at my yard he turned into evil pony from hell. He was a nightmare to do anything at all either in hand or ridden, even flew across the yard and attacked my dog. I spoke to previous owners straight away, tried to work through the issues but couldn't. They took him back and gave me my money back. They tried to sell him again and again he ended up being sent back. No one had done anything wrong, he was just a pony that had been with the owners for a long time and was horribly unsettled at moving anywhere.
If you had this pony for five years, it could well be the same issue. No one needs to have done anything wrong.
 
smiggy said:
Years ago I bought a child's pony. I paid a lot of money for him as I knew him, had seen him at his yard and at pony club and he was a lovely sensible all rounder. In 24 hrs at my yard he turned into evil pony from hell. He was a nightmare to do anything at all either in hand or ridden, even flew across the yard and attacked my dog. I spoke to previous owners straight away, tried to work through the issues but couldn't. They took him back and gave me my money back. They tried to sell him again and again he ended up being sent back. No one had done anything wrong, he was just a pony that had been with the owners for a long time and was horribly unsettled at moving anywhere.
If you had this pony for five years, it could well be the same issue. No one needs to have done anything wrong.
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this was fine for two months then they want the money back, not the same.
 
Had a letter through from a company that deal with breach of contract, can't really say to much in here but it roughly says I have to give new owner full refund and livery costs as pony was not how she was described ect. The company is for people who have car, house insurance with. Really basic letter. Have 14 days to reply. What do I reply with and roughy say in my letter ?
 
Go to the CAB, it will cost you money if you get it wrong. Or contact your house contents insurer, they will have a legal advice team. Do not enter in to correpsondence based on things you are told on a public gorum, free legal advice is available, take it.
 
Ballerina said:
Had a letter through from a company that deal with breach of contract, can't really say to much in here but it roughly says I have to give new owner full refund and livery costs as pony was not how she was described ect. The company is for people who have car, house insurance with. Really basic letter. Have 14 days to reply. What do I reply with and roughy say in my letter ?
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This is the first step and needs to be handled carefully by you advice given on here is useful but to get it right and not add to your problems this is the time for you to get proper advice from your legal representative, I am surprised they are starting procedures and think if you get a well worded response with legal help they may back off, get the reply wrong and you risk dropping yourself in deeper. You may have done nothing wrong in selling the pony but they have decided you have so they are now in control of what happens next, go and get legal advice, use the BHS helpline if you don't have any one else but ensure the reply is very carefully worded it may be a basic letter but your reply will be evidence if it does get taken further.
 
Clodagh said:
Go to the CAB, it will cost you money if you get it wrong. Or contact your house contents insurer, they will have a legal advice team. Do not enter in to correpsondence based on things you are told on a public gorum, free legal advice is available, take it.
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This in spades.

BHS legal helpline (if you are a member), home insurance legal cover, CAB, or one of the lawyers specialising in equine matters (several postings of a list on the forum).

Do not panic and rush into responding.

Respond when you have taken advice, and if it were me, I would prefer the reply to be sent by my lawyer.
 
Clodagh said:
Go to the CAB, it will cost you money if you get it wrong. Or contact your house contents insurer, they will have a legal advice team. Do not enter in to correpsondence based on things you are told on a public gorum, free legal advice is available, take it.
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Ok thank u , will do this on Monday
 
Ballerina said:
Had a letter through from a company that deal with breach of contract, can't really say to much in here but it roughly says I have to give new owner full refund and livery costs as pony was not how she was described ect. The company is for people who have car, house insurance with. Really basic letter. Have 14 days to reply. What do I reply with and roughy say in my letter ?
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Check your house insurance to see if you have legal cover, failing that if you are a BHS use them or go to CAB.

In the meantime collate statements from as many people as you can with regard to the ponies behaviour and temperament whilst you had it and also ensure you have a copy of the advert and the bill of sale stating sold as seen.
 
Ballerina,

Contrary to popular belief, the Courts are not about Right & Wrong, but about Winning & Losing. The best advice which anyone can give you, I feel certain, is that you don't respond to any legal letters yourself.

How much use the CAB are I wouldn't know because I have a rather jaundiced view of anything which is free, but I'm probably wrong! It's vital that you seek sound legal opinion and from someone who is practised in the art of 'Win or Lose'.

Just a question for others; Does the free 30 minute advice window still operate with solicitors under the Green-form LA Scheme?

Alec.
 
Do not be panicked into giving the new owners what they want. Take legal advice, pretty sure if what you have said on here is correct they will not have a leg to stand on. These letters are often sent out as a tester to see if you will be bounced into paying up
 
Ballerina said:
Had a letter through from a company that deal with breach of contract, can't really say to much in here but it roughly says I have to give new owner full refund and livery costs as pony was not how she was described ect. The company is for people who have car, house insurance with. Really basic letter. Have 14 days to reply. What do I reply with and roughy say in my letter ?
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Either ignore or ask for a copy of the Contract.
You have no contract with any third party, tell them to pisshoff.
There is no breach of contract, its all rubbish.
Poor pony has probably been sold on.
You can ask for a photo with today's newspaper with pony if you want to, but to be frank, just hope he has found a nice place.
Make it clear you will take pony back, fit and sound, at their expense, and will purchase him for £1.00 if this is agreeable, and you can offer no other outcome.
 
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Bonkers2 said:
Ask for a copy of the Contract.
[There is no breach of contract,its all rubbish.]
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and do remember the company will very likely be a no win no fee company. Have a google of the name and reviews. There are thousands of companies out there that 'ambulance chase' and make money doing it.
 
Or refer them to the BHS , and shut up. Or refer them to Fraud Squad.
I could set up a company and send out 1000 letters demanding payment of £2000, one might send me a cheque for £2000.
Its a scam, do not feed the trolls.
 
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Ballerina said:
Had a letter through from a company that deal with breach of contract, can't really say to much in here but it roughly says I have to give new owner full refund and livery costs as pony was not how she was described ect. The company is for people who have car, house insurance with. Really basic letter. Have 14 days to reply. What do I reply with and roughy say in my letter ?
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Check if you have cover on your house insurance if not seek legal advice from a horsey solicitor a search on here will bring up threads with names .
The BHS legal helpline will give advice if you are not a member I would consider joining you need the gold membership I think to access the legal helpine.
Don't reply to the letter without advice from a suitable lawyer - one that deals in equine cases .
Also it's time to take this Away from th forum until it's resolved .
Good luck .
 
Have you checked the credentials of said "company"? There has been no breach of contract, any first year law student would know that, so I'd ignore it. Smacks of the purchaser trying to make their complaint "official" but it has no basis in law as far as I can tell. Check up on the writer of the letter - anyone can do a posh letterhead on a laptop these days.
 
Oh know what the pony was like. So don't be afraid of these scam letters and bullying. Get your own solicitor to reply - never reply to anything yourself.
 
As I've posted before, these letters ratchet up the claims probably three times. The only thing you can be taken to court for is misrepresentation which you are adamant you didn't do.
It's worth you joining the BHS if you haven't already so you can have their free legal advice.
It's bully boy tactics aiming to frighten you.
She may have sold the pony on already, as did the person who took me to court. Don't get involved in any other communication other than basic facts. CAB should give you a free visit. Good luck. Don't panic.
 
My reply would be, "See you in court".

If they thought they have a good case, they'd have gone to court already.

Maybe post the name of the "company" on here? Maybe someone knows something. Just stick to the provable facts and don't say anything rude abut them! :)
 
conniegirl said:
but you dont see rugs on cobs in summer? I certainly dont! It would be easy to refute by stating that a rug on a cob in summer is a welfare issue as it is likely to cause the poor horse to overheat and horses die from over heating. Would have made the "expert" look like the fool they were!
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And a layman would know what constitutes a cob because ,......
 
What contract was there exactly? I don't understand where in this sale a contract has been agreed or breached. Especially when you have a signed slip of paper saying sold as seen.

I would ask for a copy of this contract you have breached, but if you haven't already please get in touch with CAB or BHS as really this has gone on long enough IMO.
 
Black Beastie said:
What contract was there exactly? I don't understand where in this sale a contract has been agreed or breached. Especially when you have a signed slip of paper saying sold as seen.

I would ask for a copy of this contract you have breached, but if you haven't already please get in touch with CAB or BHS as really this has gone on long enough IMO.
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This is a common misconception. A contract does not have to be in writing. The seller contracted to sell a pony. The buyer contracted to buy it. A contract was struck. Money exchanged hands. In this verbal contract, the pony has to be as described by the seller.
 
ycbm said:
This is a common misconception. A contract does not have to be in writing. The seller contracted to sell a pony. The buyer contracted to buy it. A contract was struck. Money exchanged hands. In this verbal contract, the pony has to be as described by the seller.
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Not so. The pony does not have to be as described by the seller in a private sale. It has to be described to the honest belief of the seller. A small but rather significant point. A dealer is required to have professional knowledge ,and therefore their description must be capable of a higher degree of proof. The definition of a car dealer is someone who sells more than 3 cars a year and I would expect the same test to be applied to a horse dealer.
 
Talk about splitting hairs! In this contract, the seller owned the pony and kept it for several years, having broken it in herself. Therefore, in this case, (and I did say in this contract), the honest belief of the seller is going to be exactly the same as the actual behaviour of the pony.

I take your point, but it's actually quite difficult to imagine any private sale where the owner says 'he has never cribbed/bucked/reared/whatever' and genuinely not know that the horse/pony has done exactly that, but the new owner can find out that it has and bring a court case and lose because the owner was telling the truth as far as they knew. It's easy to see a car gear box failing and the owner not know, but a pony rearing and bucking?
 
No ,its not splitting hares or even hairs . Someone said earlier that the courts are not about right or wrong ,they are about winning and loosing . I do agree ,though I have found over many years ,that the Law is not "an ass" merely those who misuse it are. I have fought some fairly bloody battles through the civil legal system (in one case ,all the way up to the master of the rolls) .My experience is that the further up the chain one goes , the saner the judges are. The best advice I can give anyone is ,no phone calls, everything by letter. Write a letter the way you would like to hear it read out in court. ( a skillful letter writer can write a letter that means one thing to the recipient and entirely another to a judge).Keep a file of all correspondence .and always try to be seen as having been reasonable (even when you arnt)
 
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