Small claims court

[onemoretime]

It wasn't a private sale, as the seller is a business: the breeder (horse is 6 yrs). The yard I bought from is also a business. I want a refund because I want to return the horse, she is not suitable for me, I've had two bad falls in the first week of her being with me and currently am not prepared to get back on. So I have a horse I cannot ride.

. Go on Facebook Dodgy Dealers and Sellers and PM Sharon Webb she will give you all the advice you need.

 

[MagicMelon]

I dont know if its different down south but the "small claims" court is a joke. I took a builder through it earlier this year for £4,500. He didnt argue it so I automatically won (I would have done anyway as I had so much clear evidence). However, thats it. The court then do absolutely NOTHING to MAKE him pay me back. They only do if its a high court judgement I believe. Ive been told I have to organise and pay for bayliffs to try and recoup it which is now a total waste of time as during all of this the horrid builder fled the country and is now living it up with a building company in Spain which thus means I basically have to give up. He's got away with it, just like he has down with about 4 other cases brought against him. So yeah, you may well not get anything back unless you throw more money at it and even then these sorts of "dodgy" people know the system and have all their stuff in the names of members of their family so bayliffs cant take anything.

 

[jaquelin]

Small claims court will take months & months. Suggest you raise a stink on social media which may get a much quicker response. The dealer may offer a trade, which might be worth considering.
Buying a horse can be a nightmare.

 

[stormox]

Small claims court will take months & months. Suggest you raise a stink on social media which may get a much quicker response. The dealer may offer a trade, which might be worth considering.
Buying a horse can be a nightmare.

Why should she 'raise a stink' ? As far as I can see she bought a green recently backed 6 year old, which it was what she was told it was by the seller. The horse passed a vetting. She got it home and it has bucked/reared/whatever her off twice. We dont know the circumstances. Unless the horse was proven mis-sold, ie drugged, buyer was told lies, horse unsound, i think it would be extremely bad form to start dragging the seller or breeders name through the mud!!

 

[Hack4fun]

I dont know if its different down south but the "small claims" court is a joke. I took a builder through it earlier this year for £4,500. He didnt argue it so I automatically won (I would have done anyway as I had so much clear evidence). However, thats it. The court then do absolutely NOTHING to MAKE him pay me back. They only do if its a high court judgement I believe. Ive been told I have to organise and pay for bayliffs to try and recoup it which is now a total waste of time as during all of this the horrid builder fled the country and is now living it up with a building company in Spain which thus means I basically have to give up. He's got away with it, just like he has down with about 4 other cases brought against him. So yeah, you may well not get anything back unless you throw more money at it and even then these sorts of "dodgy" people know the system and have all their stuff in the names of members of their family so bayliffs cant take anything.

This is the risk with the court process. Winning in court is one thing, collecting is another. High Court Enforcement Agents have more powers to enforce than trying to collect from a lower court, and the debt can be escalated to the high court fairly easily.

 

[Hack4fun]

Duplicate post for some reason - sorry

 

[Nettiefluff]

Sorry for the silence, so I've decided to not bother with small claims court, because like a few people have said, it could take months, and if I don't win then it's the middle of winter and I have a horse that hasn't been sat on for 6 months! Also I'm not sure I'd win anyway, young horse, and I think numerous contributing factors have caused her to react like this. I was just expecting to get a nicely schooled, albeit young horse, that hadn't seen much but which I'd be able to get out about. When I was asked by the 'agent' what i was looking for was a 'not too green' pony that I could out and at least do a prelim test on. As she'd had months of schooling with a professional dressage rider, I thought we'd be able to do that. Schooling wise she is quite capable of doing a prelim, but I think she's going to be too nervous at the moment with going out to compete, if I can get on and not get bucked off!

I've got someone coming out on Saturday to help me with the ground work initially, and then at some point I'm going to have to get back on. She has been ridden twice since I fell off, and she didn't buck, but ridden by a professional dressage/event rider who said she didn't feel safe, who is used to riding sharp young much bigger horses! I'm just going to have to see how it goes, it's not what I envisaged or what I was looking for but I haven't got much choice now. I'd taken advice from professional riders right from when I came off the second time, who all said send her back, which is why I was asking about small claims court as I'd not got anywhere with communicating with the seller. I just hope we can get somewhere, as she is a sweet pony, who is lovely to handle, and has lovely paces, is well bred and is sure to do very well competitively in the future although not necessarily with me!

I do think she would've been better if left to settle at her new yard for a week or so. I started working her the day after she arrived, riding the day after that when I had my saddle fitted, mainly due to what the 'agent' had advised. Would anyone else have left a young horse to settle in for a week or so before riding?

 

[Nettiefluff]

I dont know if its different down south but the "small claims" court is a joke. I took a builder through it earlier this year for £4,500. He didnt argue it so I automatically won (I would have done anyway as I had so much clear evidence). However, thats it. The court then do absolutely NOTHING to MAKE him pay me back. They only do if its a high court judgement I believe. Ive been told I have to organise and pay for bayliffs to try and recoup it which is now a total waste of time as during all of this the horrid builder fled the country and is now living it up with a building company in Spain which thus means I basically have to give up. He's got away with it, just like he has down with about 4 other cases brought against him. So yeah, you may well not get anything back unless you throw more money at it and even then these sorts of "dodgy" people know the system and have all their stuff in the names of members of their family so bayliffs cant take anything.

That's my worry as well, if the court did decide in my favour, and I returned the horse, who's to say I'd get all my money back in one go, if at all.

 

[Chuffy99]

Would I be correct in thinking you bought this pony unseen and untried?

 

[Fred66]

Fingers crossed for you that she settles down, let us know how she progresses.

This hot weather might help as none of have energy for anything never mind bucking !!

 

[Nettiefluff]

Would I be correct in thinking you bought this pony unseen and untried?

No, I drove 3 hours to view her and another pony. Me and my friend rode them both.

 

[stormox]

. Would anyone else have left a young horse to settle in for a week or so before riding?

I wouldnt have 'left' her entirely but I would have spent at least 2 weeks running through the breaking process - lunging, laying over, sitting up, being led etc letting us get acquainted with each other, then another week of gentle riding before starting to ask questions or expect anything more than meeting her half way.

 

[Nettiefluff]

Fingers crossed for you that she settles down, let us know how she progresses.

This hot weather might help as none of have energy for anything never mind bucking !!

Thank you, yes I will. If anything I think the heat has helped kill the grass, as it seemed the increase in grass may have been one of the contributing factors.

 

[Nettiefluff]

I wouldnt have 'left' her entirely but I would have spent at least 2 weeks running through the breaking process - lunging, laying over, sitting up, being led etc letting us get acquainted with each other, then another week of gentle riding before starting to ask questions or expect anything more than meeting her half way.

See I wouldn't have thought of doing that as she'd broken in end of last year and has been schooled, hacked and jumped since then. But I guess it would've helped, and I'm now having to do this anyway!

 

[flying_high]

I do think she would've been better if left to settle at her new yard for a week or so. I started working her the day after she arrived, riding the day after that when I had my saddle fitted, mainly due to what the 'agent' had advised. Would anyone else have left a young horse to settle in for a week or so before riding?

I think it just depends, I generally move to a new yard, and hack out straight away from new yard (both horses together) and tire them out a bit before turning out.
New horse, depending on time of day, I'd work same day next day, I prefer to keep in a routine and keep busy.
But I'd look at reading the horse, and how was settling, and not ask anything challenging. I might lead round school / lunge / hack in quiet company initially with a young green horse in a strange place, I probably would check calm and settled and seen the frights before getting on.