sale of goods act 1979 HORSES

horseandhound

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HI,

Just wondering out of personal interest, peoples stories regarding court action over horse being,'not as advertised.'And as is often stated under sale of goods act 1979. Has anyone sued or been sued themselves? Is solicitor action expensive path to take and is it worth while to do?
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rockinghorse

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I had to attend small claims court hearing recently as a defendant, having new owner of 6 months claim I had miss sold pony under sale of good act. The case was dismissed by the district judge. It was an experience that I would not wish upon anyone. In the small claims track (under £5000) you do not require solicitors and no solicitor fees can claimed back, however I did take legal advice and submitted written statements from "expert" witness'es.
 

horseandhound

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Have just read that post, im glad you won your case
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but what heart ache and stress, oh, why are people so dumb and selfish, some people should never buy horses, they would be better with a tin of peas,
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Thinking along the lines of,'does exactly what is said on the tin.'
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charmaine

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I am going to the small claims court next week over being sold a horse that was incorrectly described and had to be p.t.s. The evidence is very much in our favour and should result in winning our case but everything we have had to go through so far has been very stressful and apparently it's not just a case of winning, you have to then try and get the money which is a different ball game altogether. At the end of the day there is nothing much in place to enforce payment from someone hell bent on not paying up.

Is your interest due to having a problem with a dealer?
 

rockinghorse

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My experience was as a private seller but even so both dealers & private sellers have to be responsible for the accuracy of adverts and description. Most purchasers have more comeback with a "dealer" in terms of fit for purpose. I wish you good luck with your case. If I can offer any advice it is that you remain calm throughout the hearing (often difficult as it can be very emotive). My biggest fear was that the district judge wouldn't have a clue about horses, however in his summing up he disclosed that he was a judge for british eventing teams!
 
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