Returning a horse not fit for purpose

W

wakijaki

Well-Known Member
Joined
29 August 2013
Messages
110
Visit site
I bought a haflinger mare 6 weeks ago from a trekking center. She was described as quiet to ride and 100% in all ways. I went to view and ride her and she was fine although they tacked her up for me and we hacked out and she followed behind almost the whole time. The seller assured me she would be a great first pony as I explained I was coming back after a long break and wanted something quiet and safe to have fun hacks and beach rides with.
She has been difficult to handle from day one. Bolshy bargey throwing her weight around. Naps very badly and I'm unable to ride her alone as she won't go and then tries spinning backing up and bolting for the gate home. She has also bucked with me in the field and also on the road and also while I have been leading her. I tried lunging her once and she kept charging for me and spinning and bucking inwards at me.
The seller did say she would buck in the school as she was easily bored.
Have been in touch with the seller several times over the 6 weeks saying I wasn't happy and she was being a nightmare and dangerous to handle. She offered to have her back for two weeks training free of charge if I took her there... An 80 mile round trip... but has refused to accept there are these problems or to take her back for a refund.
It's got to the point now where I'm scared of getting hurt around her and am a bag of nerves getting on her even in company. She happily hacks in company as long as she is behind.
Should day I have had her checked all over... Back tack feet teeth and all are fine. Back lady said she had very bad behaviour issues and wanted to fight first. She has been difficult for everyone to handle not just me. Every day everything is just a big fight with her. I have tried being soft and gentle and have tried being firm and strict... Either way she reacts the same.
Where do I stand about getting her sent back legally? Receipt says sold as seen but I have copies of the adverts where she claims she is quiet and 100%... She is anything but.
Thanks
 
I've never been in this situation but I think its very hard for you to get a full refund!

just wondering, her backs okay, but did her tack come with her? does he saddle fit? have you had any lessons on her? might be worth getting the saddle checked and then getting someone more experienced/confident to hack her out alone for you! I have friend who was in a similar situation with her pony and she has a lady hack in and school him a few times a week and he's a different horse now he has a confident rider on him, which in turn has made my friend more confident when she rides him, so has 2 confident people riding him, rather than one nervous person!

Good luck, I hope you get something sorted, and sorry you have found yourself in this situation
 
From what I can make out you stand a better chance having bought from a business
I would seek legal advice ASAP as this is going to be your only way of being sure of doing thing correctly in order to take it further

However not sure if you have any experience of small claims courts. But if that's where it ends up, even if you win you may not get money back as some people just don't care about court orders

I wish you well. In fairness as so called professionals they should have known that there was a risk she would play up once taken from the
Security of the other horses. Some horses can't handle it!
 
Edited to add. Very experiences friends had a mare that was an utter cow both to handle and ride. However they realised she was fine if there were always several other horses around both in her field and when she was ridden. So she is now on loan to a very respected college and they love her. She is perfect in that environment
She had never been in a riding school before but it's just what she needed
I guess I'm saying even with the best re training she may always be the same
 
This is always the risk of buying riding school/trail riding horses if the business owners have not spent time rehabilitating the horse to becoming a privately owned horse again. I'm not sure where you stand legally though.
 
Pony sounds as if it cpuld be cracking. But unfortunately the environment you've bought it from means you'll have to put in some hard work. These horses are not used to doing anything alone.

Is the horse out 24/7?
 
As spring feather says horses from trekking centres are often very difficult to settle in private homes.
Not sure if you will be able to return her trading standards might help you as you bought from a buisness .
If you are a BHS member the legal helpline might teel you where you stand.
 
"Sold as Seen" means just that, and I don't think you have any comeback against it.

I bought my last horse from a Trekking Centre, and suffered exactly what you are struggling with now. Plus rearing and plungeing - because he had never been ridden on his own. they would have taken him back, but I saw it a challenge in the end.

I had to REALLY get tough - the longest spurs I could find, a sharp stick, and hubs wit a lungeing whip behind. Bucket of water thrown from behind got him moving forwards (eek!) and if he tried to turn round, I made him either stand for ages, or go backwards. It took months for him to get the idea, and tho he was never that forward going, he turned into a wonderful horse, who I miss terribly after six years.
 
I'm afraid you are experiencing a very common result of buying A. a trekking horse, which very likely IS 100% easy and quiet in that environment, but not when asked to perform a totally alien set of behaviours, and B. a Haflinger, which tend to be bargy, opinionated so-and-so's unless handled, fed and worked in a businesslike way. Rather than trying to return the horse, which may very well not be possible, why don't you get some experienced, professional help and learn how to manage the horse? It is possible: she is not a monster, just needs proper handling and management. See it as a challenge and a learning opportunity and you might just end up with a wonderful little horse that you can be proud of.
 
Whilst it's all very well saying perservere but this could be dangerous for someone who is nervous with a strong, bargey pony. I would send a solicitors letter detailing the problems, ideally with a copy of the advert, and requesting a full refund. Then next time go with a more experienced instructor!
 
I agree with SusieT, in this instance. I really don't think that a nervous novice is the best person to reschool a strong, bargey Haflinger mare and the trekking centre should have been more careful about who they sold her to. I have a strong mare who ran away with the novice who bought her from a RS and almost bought another one from a trekking centre whose progress I followed as she was readvertised as too strong by the novice who bought her from the field.
OP, contact BHs for advice.
 
Listen to Cortez :) But if you want nothing more to do with the horse (which is understandable) then cut your losses and sell her back to a treking centre. Its the easiest way to resolve it, going through a solicitor is expensive and may not be successful
 
Well, everyone is right here. Yes, it is true, you go the way suggested by Cortez, but by now you feel that you don't like the pony much. I think you have a strong hand in having the advertisement stating that the pony is quiet.

You need to contact either an equine solicitor, or the local Trading Standards, plus the BHs may give you good advice.

I have heard both sides in this sort of situation, but it is definitely in your favour that you bought from a business and not a private individual.
 
Cortez is wise. You could learn a lot and have a lovely wee pony...with some hard work! I'd get an instructor out to assess you both and see what they think. Least then you will have a better idea of things.
Good luck
 
I am torn while I agree that working out issues and perservering when things are going wrong are things you must be prepared for with horses and I loath horses being described as not fit for purpose like a coat that leaks or something ,not living being with feeling removed from the enviroment it understands .
I feel heartily sorry for the horses and often think the buyers need to engage their brains a bit more.
It depends on the size of the issue I think OP needs good help quickly someone needs to assess the size of the issue and how easy it will be to to train OP to deal with it.
Then it's down to how much Op is prepared to spend on help and learning and if she has access to facilities that she needs to sort this horse.
But for lots of people horses are about uncomplicated fun they don't wish to to spend time in challenging situations and if you don't wish to deal with such an issue that's fine in my book they have to move the horse on and learn from what they did wrong and choose better next time.
 
The fact you told the treking centre what you wanted and they have sold you a horse that is 'Not fit for Purpose' means that under current consumer law you can return the horse and claim not only a full refund but any additional expenses incurred in keeping the horse after the date you rejected it. If you are Gold member of the BHS then you can ask for free legal advice, alternatively Citizen Advice may be able to assist you or contact a specialist equine solicitor.
 
kerrieberry2 said:
just wondering, her backs okay, but did her tack come with her? does he saddle fit?

saddle came with her and was told it fitted - surely if it was the saddle she would also play up in company and at other times when asked to go - she is only playing up when made to go alone. She will quite happily hack for a couple of hours in company - following behind and also hack alone if a friend walks in front of her or by her head .
Click to expand...
 
she was only kept there for 14 months and from what i can gather bucked in the school a lot - one of the children who rode there inboxed me on facebook and said that she had bucked her friend off twice in one ride so she wasn't happy there. She was turned out for 6 to 8 months while they tried to sell her on.
 
sorry im not good on forums for being able to quote and reply properly so will try to add what i can about questions asked / points raised.
She misbehaved at trekking center - bucked children off in the school and was described as grumpy - when i asked what this meant i was told she got fed up with children fussing around her all the time and would put her ears back and move away but never did anything like bite or kick.
She has had 4 homes in 4 years and i managed to get in touch with her owner before the trekking center and she told me she bought her from 2 novices that couldnt do anything with her at all. It took her a while to settle her in but she worked fine, loved hacking but would buck after half hour or more in the school so wasn't suitable for her children. She said before that she was used as a brood mare and before that she was broken to drive first and ride afterwards.
So honestly dont think she has ever really done that much work.
I did 2 years of diplomas in equine studies and work experinece at hunting, racing yards, studs and trekking centers ect when i was younger. I then had a long break due to children and work and last year started helping a friend out on her yard. 3 ponies - 1 i rode all the time hacking out and leading the others from and also a 17.2 tb x ID. I was hacking out and looking after all these on a day to day basis - alone for 8 months before they said they were selling them all to buy two new ones so i thought it was time to get my own.
 
I'm using the term 'fit for purpose' loosely but the point is - i can't ride her unless i have someone to follow - everything is such a massive battle with her - she paws and kicks out while trying to pick her feet out - is a totally nightmare to shoe. Takes ages to tack up as she barges and pushes and squeals all over the place.
The back lady said she had massive behavioural issues and that her first instinct was just to have a fight with you and ask questions later. She advised me to send her away for 6 - 8 weeks minimum to have someone work on her and for me to go and see and ride her there after that time. This isnt an option i can afford. She also told me to only hack her out in company and also to lead her out in hand on the hacking routes as this would get her used to the area and build a bond between us. This again turns into another fight where she jogs along and pushes into me and walks over me while she tries to go back home. Then she stands and refuses to move. She also spins and bucks while i lead her.
I tried lunging her once and she bolted, came straight in towards me and spun and bucked just missing my face, she did this several times until i managed to get hold of her and take her back before i ended up dead.
I was not expecting a perfect pony - but when something is described as being used for beginners and novices - will go alone if firm with her - 100% in all ways - quiet to ride - was assured she would be an ideal first horse - easy to handle and keep...and she is anything but then im sorry i dont think its good enough that she wont take her back.
I would think her reputation should be valuable to her and that she wouldnt want something serious to go wrong and someone to really get hurt over the sake off the money i spent for her. She breaks, schools and sells horses for a living so if she couldnt do anything with her in the 14 months they had her then how can she expect me?
I have also since found out she sold another haflinger mare this year that was also very naughty and nappy and that was to a woman same as me - wanting something quiet to hack and to lead her childrens pony from - this horse ditched the woman on the road - terrified the children and she took the horse back.
 
should also add that yes - she lives out 24/7 (with 2 other mares) as she did with them and is only brought in for checks and work. She doesn't get any feed except a carrot or two a day mixed up with a magneszium oxide supplement which her owner before the trekking center said worked wonders with her. This she has been on for a month now at loading level and it hasn't made any difference at all.
I have a more experienced friend coming to ride her for me tomorrow but as it stands its hard to get help from friends as everyone is so busy and also i have already spent a small fortune on getting everything checked out on her when i was assured everything was fine with her so i was at a loss as to why she turned in to this monster pony and thought surely something must be physically wrong - however there is nothing wrong with her in that way.
I have gold membership with bhs so will phone them and see what they say.
I suspect that she probably didnt behave as badly there as she is here as she is stressed to the max to be on her own at any time and she would of be happy enough plodding along behind everyone else trekking. Thats also the reason why i dont think there is any point in her going back there for 2 weeks training that she so kindly offered me 'free of charge' if i hire a horse box at my expense to take her there - then she has my horse and my money and she has already proven i can't trust her at all!
 
My very first purchase was a riding school mare, and while she was great to handle she was dreadful to ride.

Nappy, reared and often planted herself. I battled for many months and got nowhere other than learnt to long rein.

I'd do my best to get them to take her back - I eventually sent mine to market.
 
Pearlsasinger said:
I agree with SusieT, in this instance. I really don't think that a nervous novice is the best person to reschool a strong, bargey Haflinger mare and the trekking centre should have been more careful about who they sold her to. I have a strong mare who ran away with the novice who bought her from a RS and almost bought another one from a trekking centre whose progress I followed as she was readvertised as too strong by the novice who bought her from the field.
OP, contact BHs for advice.
Click to expand...

Agree with this.
 
You must log in or register to reply here.
Top