Please help!

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hooflove

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This is not a ''troll'' post, I was a member on here but I can't remember my username or password as last time I used this was around 2011!!

I wondered if anyone could help me and give me an idea as too where I stand, I am going to be completely honest about the situation, so bare with me.


Last year I purchased a cob youngster, a colt, his name is Patch so I am going to refer to him as Patch throughout the rest of this.

Patch was a good 2 hours from me, and being a youngster I decided not too view, I had seen alot of pictures and 1) fell in love straight away and 2) knew I had to pick him up because he was skinny, and in dior need of some TLC.
I didn't have the money to purchase him outright at the time albeit he was only cheap, but because this was an ''impulse'' buy and I knew how badly I wanted to get him up to weight and love him, I decided to go ahead by paying a deposit and then installments. I also requested for the current owner to geld him (at my expense not theirs).

She had him gelded and I went to pick him up as soon as he was fit enough for travel. I got there and I couldn't believe my eyes, the poor horse was in a back garden, that had no grass whatsoever, and the fencing was appalling, especially given the fact he was a youngster, and the house was ON A MAIN ROAD where arctic lorries travel reguarly!! He was skinyn enough for me too see his ribs and had wind knots that I could tell had been there for a while, he looked as if he had never seen a brush infact! Touching him was a no go until I had caught him, once I had managed to catch him he succumbed to the comfort.
A couple of weeks on after I had him, he was looking healthy, had weight gained nicely, and was coming to call and generally just enjoying being with another horse as he shared the field with my other horse.

After a couple of months of owning him and he had settled I arranged for a vet to do his vaccinations and microchip, but I also wanted him checked over because he was starting to look a little bloated, but I had put it down to the fact we had moved him into the fresh summer fields.

Turns out that actually Patch was coming up for 4 years old, and not infact 2 years old as was told to me when I bought him, and infact wasn't due to grow much more up, was standing at 13.3 and I was told he would make a good 15hh if not 15.2. And just to top it off he was very wormy, vet said looks like he hasn't been wormed for a long time!

At this point I was still paying installments, all in all he was going to cost me a total of £700. At the moment I have £285 outstanding, now here is where the problem lies....

I lost my job and I gave my mare away to a friend, but Patch I tried to find temporary grazing for or someone to loan him (even tho he technically wasn't mine yet), but I couldn't and it go to the point where I had literally no money left and I had no choice but to sell him because I didn't want too see him back with the people I got him from.

I KNOW I made the wrong decision, I should have sent him back but I couldn't do that too him and part of me was in denial and thought it was fine, because I had offered her the chance to come and see him (under supervision) countless times and everytime she had an excuse, and I was selling him to a friend who specializes in breaking cobs, they are the only breed he has, he rarely sells them, and he wanted one Patch's size for his little girl to ride. I sold him for a mere £200, nothing even close to what I had already paid for him, and I have more than that left to pay.

Any how I couldn't keep up my installments with the lady and I offered her £10 a week as thats all I could do , she is now threatening to take me too court for selling him whilst on loan, which in black and white yes I did, but I did it for the right reasons not the wrong! I knew the home he was going too and I knew he was going to be loved and adored which he is!
I know the courts don't take this into account but just wondered what anyones opinion was on this matter?

All in all, the horse stated on our agreement wasn't the horse I was paying for, but I loved him to bits none the less and I did as much as I could to try and do the best by him and he is being loved and adored by a family who dote on him. Not stuck in a back garden.

If I had sold him for a profit I could understand anger and her wanting to take this further but as it stands it was nothing to do with profit, it was about making sure that this 1 in a million cob was going to get the love he deserves.

I am not expecting sympathy messages or anything of the sort, just some actual experience would be great or some helpful advice.
 
Sorry to read about the situation you find yourself in. I have no experience of your situation but did not want to pass by without bumping so someone else may be able to advise you.

To me it would seem to be better that you pay the original owner a small amount each month, than everyone get involved in complicated legal situations.

Did you put the money you got for the sale to one side to help you pay off the final amount?
 
Thank you Adopter.


I used the money from his sale too pay his livery off as it had stacked up where I had tried to keep him on the field he was in so that I didnt have to get rid of him.

I have still offered to pay her the weekly amount of £10 but she is making a fuss of everything.
 
I'd hazard a guess and say that its highly unlikely that this woman will pursue you through the courts. Particularly because the courts will probably make an order for you to continue paying what you're already paying.
Even though the horse was over priced, the deal was done, so just carry on the payments and make sure everything is documented.
 
It doesn't matter how well you treated Patch or how badly his owner neglected him you he wasn't yours to sell.

I would suggest you borrow the remaining £285 from a family member or somewhere and use it to pay off the owner. I can't see it getting much further than a small claims court as £285 isn't a huge sum
 
From thr start you made huge mistakes.

Why buy a horse you couldn't afford?



Lots of other things won't mention!

Just tell previous owner you can't afford more
But you will continue to pay.
Writer a contract.
Sell things to help pay. Prove you are serious.

I doubt its worth solicitors fees for the small amount of money
 
Give her the 200 pounds from the sale. Then borrow the 85 off a family member and pay them back over 2 months (based on the 10 pounds a week you can afford).
Simple!
 
I won't get into rights and wrongs of this situation... I would suggest you beg or borrow the money and just pay the outstanding balance for the pony.
You could argue that he wasn't as described, you've been conned and all that jazz, but really, if you wanted to go down that route, you should have returned him.
So, all in all, to avoid hassle, borrow the £285, pay the ex-owner and be done with it.
 
amymay said:
The op has said this has been spent on an outstanding livery bill:o
Click to expand...

Ah missed that!

Well OP, beg or borrow the money. You owe it her, no amount of sob stories will wash in court!
This isn't picking or sarcasm, but what is wrong living next to a road that sometimes has artic lorries on it? I love it when different vehicles pass my lot in the field, it makes them well rounded and bombproof!
 
Wont get into the rights and wrongs of the situation as you probably feel pretty awful about it anyway.

But why or how did the old owners know you had sold on the horse if you kept it away from them and they didnt come to visit once?

Sounds awful but surely you could have kept this quiet due to personal circumstances and the old owners would have beeen non the wiser? Also who had the horses passport as it is illegal to sell without one??!

Edited - sorry rush read and i guess they found out due to you not paying the installments - agree with other that you are best trying to sort it out between yourselves....
 
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I didn't intend for a sob story!

I HAVE offered multiple times to pay her the outstanding but she is demanding it immediately, and I am currently doing an apprenticeship (I'm 22) earning £100 a week, so immediate isn't an option as I have to pay rent and utilities also.

At the time of "purchase", I COULD afford said horse! I had enough for him and I to live comfortably as I was working full time, losing the job was not on the cards atall and was a complete shock! I wasn't planning on buying a horse I was planning on loaning but I went with my heart and not my head when I saw him and knew I had to get him out of there.

It will never make sense to me why people put money and objects before the health and well being of an animal. I was not prepared to see him back there!
And also I hadn't told the owners, she had worked it out herself after speaking to someone who used to share my field and they told her!
 
Actually you couldn't afford the horse, you had to buy him in instalments:(

I can quite understand why the person you owe the money to wants it asap. Borrow it from friends and family and see if they will let you pay it back over 29 weeks.
 
If you can't borrow the money from a friend/ family member that is happy with £10 a week then you don't have much choice but to agree to meet her in court.

If she can be bothered with the time and hassle all the court will do is decide what you can reasonably afford (based on your income and committed outgoings) and then tell her that is what she can get.
I had someone without insurance run into me, we did this and the court awarded £5 a month (which he paid twice before disappearing!)

It will be loads of hassle and you'll have to go there and talk to the court but you'll, likely as not, end up back where you are now paying £10 a week
 
A friend told me the ladies name and said I should take a look at the cob she is selling.

Also as for main roads yes your right, he was as bombproof as they come, nothing wrong with that, but my point is a YOUNG horse was NOT securely fenced and had easy access to a main road that could have not only killed him but caused a pileup which could have killed many!!! That's my point! That's like putting a 8 month old toddler in a room full of electricals and a fire and expecting them to not go near it!
 
Yes but that doesn't work as an excuse for why you HAD to buy him when you have already said that you had decided from photos that you wanted him. Heck, you'd even got her to get him gelded at your cost before you went and saw him!
 
It's the threats about how she has friends in the force and they have advised her its theft etc etc. I am more than happy to pay her the outstanding but she wants £285 immediately which I don't have to spare right now as I'm trying to get proper qualifications so sacrificing a good paid job for experience.
 
i can appreciate the whys and wherefores of why you didnt want to return the horse to previous owner, however in my opinion ( and i maybe wrong, and no doubt there are far more knowledgeable people on here)

i would assume you selling what wasnt yours to sell would be theft and the origional owner would be within her right to take you to court- i appreciate you have offered a repayement plan-but she is within her rights to refuse this.

if it went to court then you prob could agree upon repayment plan but you will have court costs too to pay.


I would also wonder if the origional owner could actually have to horse returned to them as it was sold on without there knowledge- a buyer beware kinda thing??



i would think bottom line is you sold what you have no right to ( legally) and therefore the only quick way to make this disappear would be to repay the £280 in one payment and quickly
 
hooflove said:
It's the threats about how she has friends in the force and they have advised her its theft etc etc. I am more than happy to pay her the outstanding but she wants £285 immediately which I don't have to spare right now as I'm trying to get proper qualifications so sacrificing a good paid job for experience.
Click to expand...

It is theft, effectively, unfortunately for you.
 
I've already admitted I made a mistake! Lump sums I didn't have but instalments I did, no good pointing out what I have already stated. Said horse is in a much better position now, and I am trying to make right the wrongs but they were not wrongs because I'm selfish, unlike most people who sell horses on loan!
 
I agree, selling on leaves you in a very tricky situation, and while you were wanting to do the best for the horse, sadly I fear the legalities would be against you.

I'd try borrowing the money from a relative, but I'd be paying as quickly as I could in your shoes.
 
hooflove said:
I've already admitted I made a mistake! Lump sums I didn't have but instalments I did, no good pointing out what I have already stated. Said horse is in a much better position now, and I am trying to make right the wrongs but they were not wrongs because I'm selfish, unlike most people who sell horses on loan!
Click to expand...

You sold a horse that didn't belong to you, which is theft, and the owner quite rightly wants the remainder of her money.

In the spirit of making right your wrongs you need to pay this woman very quickly. I would be looking to beg or borrow the money as soon as possible from a friend or family member and pay them back as quickly as you can afford to. That would be the right thing to do.
 
Well you owe £285, it is effectively theft but the person you owe to won't press charges provided you pay her back asap. If you can't borrow from friends and family then you'd better get a part-time job. Or go back to the friend you sold him cheap to and ask for a better price.
 
Trading Standards wont be interestedf if the sale was privatte - they only deal with Dealers and business sales?
Also did you have passport? This doesnt prove ownership however. Were there any written contractes, receipts given? Do you have documentary evedience?

I had a similar problem. ALTHOUGH I DIDNT SELL THE HORSE ON, BUT i MAY BE ABLE TO OFFER SOME MORE ADVISE....
 
A court would probably agree it is theft (hence why best avoided) but they can't force you to pay what you haven't got so let her have her day in court and then you'll still be on £10 a week.

Do your parents not have £280 they could lend you?
 
But where is the horses passport?

Dont think theres much point in getting angry and defending yourself now - whats done is done and you just need to sort it out asap.
 
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