Small claims court

[Jl123]

Hi all,
Hoping to get some guidance as a private seller please.
We sold our lovely little pony last week who we had owned for 2 years. I sent buyer a range of videos but also advised he hadn't been handled or ridden in a few months due to me struggling withearly pregnancy. She was happy to just come with her trailer and take him. I also have texts from her stating she didn't wish to get him vetted. She bought her 3 yo to pick him up and her 3yo was stroking him everywhere and he was good as gold. We don't have any stables so all of this was done in the field. Im not sure if he had ever been stabled. She transferred me some of the money and advised that she'd pay me the remaining £700 the next day - I was happy with that as didnt want my daughter having to say her goodbyes again and getting upset.

Within minutes of getting him home, she rings me and says hes tried to kick her daughter in the stable. Of course, I had no explanation for this and just advised that he hasn't been in a stable in the 2 years he'd been with me and that he'd only just arrived at theirs.

An hour later and she sends me a video of him tacked up and what looks as thought she is trying to grab his man bits. He is kicking out but definitely not aggressive, more get the hell off me!

She asked to return the pony for a full refund. I refused as I dont believe that I have done anything wrong.

I have now had a letter from her solicitor stating I need to refund and accept pony back or they will take this to court.

As I understand it, she will lose at court. I havent once misrepresented the pony. He wasn't even advertised as for sale, it was a word of mouth thing through a friend. She has also spoken to at least 2 people that I'm aware of and they've both vouched for the pony.

Any advise? Sorry its a very long post, I just wanted to get as much information across as possible.

 

[View]

Are you a BHS Gold member? If so ring their legal helpline and get good advice. Do you have legal expenses cover with home insurance? If so, ring the helpline.

I appreciate the position with your young daughter, but never let the pony go without full payment.

Please get good advice.

 

[Red-1]

I'm afraid that I would have him back, for his sake.

Besides, I doubt you will get paid the rest of the money.

It would likely be quicker and far less hassle to simply have him back and re-advertise.

 

[meleeka]

I think it may have been easier just to take the pony back tbh especially as she had him for such a short amount of time. I agree, you didn’t do anything wrong (apart from not getting full payment), but it’s not as if you’d be out of pocket by taking him back, whereas you are now £700 out of pocket, plus any legal fees.

 

[YorksG]

I would take him back, but ensure that he is back on your yard before any money is sent back! Also ensure that your yard is secure and no horse can be removed by anyone other than the legitimate owner

 

[AmyMay]

Just take him back.

 

[Polos Mum]

This will be much more quickly and cheaply resolved by taking him back and re-advertising.

It also means the pony has a chance of ending up in a nice home.

 

[Lou27]

I agree with the advice above, take him back. It sounds like a nightmare scenario already and this would be a very unhappy life for him. If true about trying to grab him there then his welfare is at stake. Please have him back.

 

[Flyermc]

If they havent paid for the pony completely, then im assuming that the buyer doesnt 'legally' own the pony yet anyway and you might struggle to get your £700

id get the pony back, poor thing

 

[Arzada]

She asked to return the pony for a full refund. I refused as I dont believe that I have done anything wrong.

You might not have done anything wrong but it's about your lovely little pony not you. He hasn't done anything wrong either but he doesn't deserve to be with the 'buyer' Please just take him back.

 

[ILuvCowparsely]

Hi all,
Hoping to get some guidance as a private seller please.
We sold our lovely little pony last week who we had owned for 2 years. I sent buyer a range of videos but also advised he hadn't been handled or ridden in a few months due to me struggling withearly pregnancy. She was happy to just come with her trailer and take him. I also have texts from her stating she didn't wish to get him vetted. She bought her 3 yo to pick him up and her 3yo was stroking him everywhere and he was good as gold. We don't have any stables so all of this was done in the field. Im not sure if he had ever been stabled. She transferred me some of the money and advised that she'd pay me the remaining £700 the next day - I was happy with that as didnt want my daughter having to say her goodbyes again and getting upset.

Within minutes of getting him home, she rings me and says hes tried to kick her daughter in the stable. Of course, I had no explanation for this and just advised that he hasn't been in a stable in the 2 years he'd been with me and that he'd only just arrived at theirs.

An hour later and she sends me a video of him tacked up and what looks as thought she is trying to grab his man bits. He is kicking out but definitely not aggressive, more get the hell off me!

She asked to return the pony for a full refund. I refused as I dont believe that I have done anything wrong.

I have now had a letter from her solicitor stating I need to refund and accept pony back or they will take this to court.

As I understand it, she will lose at court. I havent once misrepresented the pony. He wasn't even advertised as for sale, it was a word of mouth thing through a friend. She has also spoken to at least 2 people that I'm aware of and they've both vouched for the pony.

Any advise? Sorry its a very long post, I just wanted to get as much information across as possible.

If it were me, I would go get him back, asap before he disappears or she try's to sell him on. she sounds like a scammer deliberately trying to cause trouble. Specially not getting him vetted and spending time grooming at your place. Also NEVER Ever let your pony go unless you have full payment in your hand. good luck getting him back.

 

[ycbm]

Leaving out the morally right thing for a pony you only sold a week ago, I don't understand why you would let this go to court when you are owed £700 you'll never see again if you do ?

Take him back and if you can't cope with selling him again send him to a dealer to sell for you.
.

 

[Penny Less]

So she is up a pony and £700 is that right? Get him back, you would be in the right if it went to court but its not worth it for the ponies sake

 

[Upthecreek]

Another who would be on my way to collect the pony.

 

[Pearlsasinger]

I would take the pony back but make sure that the 'buyer', knows that this is for the pony's benefit and also because she still owes you £700.

 

[Ratface]

As above: It seems that both you and your pony have been "had over" by an unscrupulous person.
I hope you are able to get the pony home ASAP.
Good luck.

 

[Jl123]

Unfo

I'm afraid that I would have him back, for his sake.

Besides, I doubt you will get paid the rest of the money.

It would likely be quicker and far less hassle to simply have him back and re-advertise.

Unfortunately, having him back isnt an option now due to a number of reasons! I'd accepted the fact id lost £700 as that was just down to my stupidity and being too trusting!

 

[bonny]

Unfo


Unfortunately, having him back isnt an option now due to a number of reasons! I'd accepted the fact id lost £700 as that was just down to my stupidity and being too trusting!

If you take him back you don’t lose £700 but more importantly you can find the pony a decent home. They are selling so quickly you should only have to look after him for a few days.

 

[AmyMay]

If you take him back you don’t lose £700 but more importantly you can find the pony a decent home. They are selling so quickly you should only have to look after him for a few days.

Exactly. Not to vilify you op, but I hate it when people say they can’t take a pony/horse back after a couple of days of a sale. People have to be prepared for this eventuality- they’re living, breathing things that deserve having’right’ done by them.

 

[motherof2beasts!]

If he were mine I’d get him back now, Why can’t you take him back and resell to a decent home ?

 

[Jl123]

I wish it was just simple to take him back guys. I used the majority of the money to buy baby things. Maybe I shouldn't have done that but for me, that was a priority.
I have since developed SPD which is causing extreme pain and I'm not even sure I could manage to look after him through winter. I've decided with my daughter that we aren't even going to look for a new pony for her until baby is a few months old at least so effectively having a short break from horses altogether. Obviously full livery would be an option for him but I unfortunately definitely do not have the funds for that.

 

[AmyMay]

Fair enough. Good luck with the court case.

 

[Jl123]

Fair enough. Good luck with the court case.

Thank you. Feel stuck in the middle really as unable to physically have him back but also have the stress of a court case.
I just want to see what other people think in regards to if she has a leg to stand on or not.

 

[motherof2beasts!]

Did you do a receipt sold as seen ?

 

[Jl123]

Did you do a receipt sold as seen ?

I did but only I signed it and only she has a copy. I do have texts from her stating "i didnt really check anything, its my fault". I've also got proof of her saying he was absolutely fine at mine etc. She's also said in texts that she didn't want to get him vetted.

I sent her a ton of videos but also stated he hadn't been handled much due to my difficult few months of pregnancy. She was more than welcome to do what she pleased with him when she came to collect him but she chose to just glance over him and asked me to load him.

 

[ycbm]

I don't think she has a leg to stand on, in that case. In a private sale she has no right of return unless you lied about anything.

I hope she finds the pony a better owner. If you get notification from the court, then you should demand payment of, and then raise a claim against her for, the missing £700. It's an easy and fairly cheap online process. If you don't chase her for the remaining money then you will, I think, add weight to her claim for a return and refund.

Are you sure her letter actually came from a solicitor? It's easy enough to fake one.

 

[bonny]

What are you going to do if the court finds in her favour ? I rally would find a way to have him back and sell him on quickly, maybe tell her she will get her money back only after you sell him ?

 

[Jl123]

I wasn't sure what to do regarding the remaining £700. I wasn't sure whether to make a claim for that as I didn't have anything put in writing that she was going to transfer me the next morning once her daily limit on her bank had reset.
My mum said the same about the solicitor letter - it wasnt actually signed by a person, just the name of the actual company. My mum looked back on some legal letters which she had (selling a business etc) and each one had a proper signature by an actual person. So you could be right in thinking its a fake one!

 

[Sossigpoker]

I wasn't sure what to do regarding the remaining £700. I wasn't sure whether to make a claim for that as I didn't have anything put in writing that she was going to transfer me the next morning once her daily limit on her bank had reset.
My mum said the same about the solicitor letter - it wasnt actually signed by a person, just the name of the actual company. My mum looked back on some legal letters which she had (selling a business etc) and each one had a proper signature by an actual person. So you could be right in thinking its a fake one!

Who does the letter claim to be from? Is there a name at the end after the "yours sincerely " etc ?
If there is , a quick Google will reveal if that person exists. If there isn't, it's either a fake or from the pond life end of the legal occupation.

 

[silv]

Take him back, she sounds an idiot, otherwise you will be in for a great deal of stress and she doesn't sound a suitable person to have a pony so for his sake to.