return to dealer

landyandy

landyandy

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24 February 2008
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i recently put a post on here explaining my new cob did not like tractors, over the last few weeks he as got no better and don't think he ever will, i have had him 3 months even tho the dealer was aware of my problem, i told her i would give him a chance. can i now demand a refund or exchange after this length of time. i still have the advert which says he is good in traffic ( he does not like buses either)
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she did say she would sort it for me but that was a few weeks ago now.
 
I guess it really depends on the dealer and their T&Cs, do you have any proof of coversations with them - was it done by letter or email? Unfortunately a lot of dealers have no idea what these horses are like to hack out, expecially if they are based where most of it is off road hacking.
 
apparantly she knew the horse as sold it previous (last year) to a friend. i have only had phone conversations with her so no real proof. i have spoke to previous owner who confirms he does not like tractors, so hard for me as he is kept in a small farming village, everything else about him is perfect.
 
If the advert said he was good in traffic and he isn't then he has been falsely described and is in contravention of the Sales of Goods Act.
If you really want to return the horse I would contact your local Trading Standards and they will help you.
Keep records of everything which has been said with dates and it would be useful if you still had the advert which can be used as evidence.
I had a similar problem and Trading Standards were very helpful.
Good luck!
 
You may have to prove that the horse has been bad in traffic since you had it as in 3 months, they could argue that your riding / handling has resulted in it becoming bad in traffic. But otherwise, totally agree with sunnymane.
 
Sounds like he has been falsely described, I'd contact dealers and request that they take horse back and refund your money in full - don't leave horse there without payment. If they refuse then contact trading standards and make dealer aware of what you're doing - sometimes a bit of pressure is all you need.....
 
is it literally just tractors but hes perfect in every other way - now i really could be missing something but is it not worth trying to sort it out, what does he do when he sees one or by the sounds of it you havent really taken to him anyway? just a thought?
 
he does not like them full stop, he does everything possible to run away from them, my other problem is that he was bought for a novice to ride, to which the dealer knew. i love the horse to bits, you can do anything else with him. he jumps, does dressage too. i don't really want to let him go. but the amount of tractors i come across is not good. also he is 12 so don't think he will overcome his fear of them
 
thats naughty of the dealer then really, just wouldnt want you to end up with somethign worse from the dealer as no doubt they will try to replace rather than refund.... it might be wirth speaking to richard maxwell (google him) as if you really want to keep him me might be able to help. might be worth a try, otherwise i hope you get it sorted, sounds like you must worry on every hack what is going to happen.
 
that is my fear that he would get replaced with something worse, i have been hacking early morning to avoid traffic, i'm shattered. other than that he just gets rode in paddock.
 
If the horse is perfect in every other way I would be tempted to try to crack the problem rather than send it back. After all no horse is truly perfect and the next one may have other issues. Maybe you could enlist the help of a local farmer and have a few sessions to see if you can reduce the level of the problem? It may be that the horse never truly likes tractors but if you can get it a bit more accepting it might be OK? However, at the end of the day you have to do what you think is right.
 
could you get an instructor out and see what she thinks - might be worth filming it too so you would evidence if you do decide on court..
 
I dont see why you should have to try and rectify the problem, when you went to buy him you obviousley stated it was for a novice and had to be good in traffic, so because they are dealers then you can demand a full refund as he is "Not fit for purpose" after all if his advert stated bad with tractors you wouldnt of even entertained him, but I agree get video evidence of him playing up with tractors, also if he was under £5000 you could take them to small claims. you will need an "expert whitness" to back up what you say about tractors. Good luck
 
thankyou very much, i will get in touch with dealer as soon as i can. OH and other people think he is wonderful, but they don't ride him, the last thing i want is for anyone to get hurt
 
I think you will be very lucky to get your money back after 3 months TBH - from reading stories on here, a lot of people find it hard to get their money back after a week, even though by law they are entitled to. Dealers with mobile phone numbers mysteriously disappear, go out of business, move etc. 3 months is not that long a time for a horse to settle and if he is perfect in every other way, it might be worth trying to persevere. Did the dealer ever see him ridden round tractors, was he specifically advertised as being good in all traffic, including tractors, buses etc. There are a lot of horses who have never seen a tractor before.
 
he was described as good in heavy traffic, i have tried with him, and as stated earlier he was purchased for a novice to ride. i want to keep trying,but how long do you try for before throwing the towel in
 
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