Small claims court

[Gloi]

They've probably done this before to other people. If you care at all about the pony pick it up asap

 

[sunnyone]

The pony needs to be rehomed asap. Do you not have a friend anywhere who could take him in for a while? If you spread the word around about his availability it might only be for a couple of weeks.

I too think the solicitors letter is a fake as it's not been signed. I would expect a solicitor to have advised her " buyer beware" rules apply.

If you can't take him to safety please pursue this woman for the £700 outstanding, otherwise she'll continue to do the same to others.

As a final touch I'd refund the money she gave you by taking every baby item you bought with that money, together with the receipts, to her and let her have the hassle of getting refunds, or not.

 

[sunnyone]

Deleted as duplicate.

 

[Cowpony]

I'd be getting him back ASAP, and the petty side of me would be paying her back what I could afford and saying I'd give her the rest later.. and letting her wait for it!

 

[hollyandivy123]

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!

on this letter must a phone number and company name, look them up and try to ring them

 

[Goldenstar]

You need to take him back , your responsibilities to a horse does not end when you wave goodbye .
I would not be so sure you will win if it gets or the small claims court .
Poor pony .

 

[Flyermc]

Could she not just say that you still own the pony as full payment has not yet been made?

 

[Muddywellies]

Poor pony. I'd refund what she's paid and get the pony back without hesitation. He deserves far better than that.

 

[DressageCob]

Small claims are very straightforward to fight. I would, however, issue a counterclaim.

First thing would be to respond to her solicitor's letter with a denial (stating horse was sold from the field, no previous behaviour issues, videos provided etc). Then in the same letter I would say that £700 payment is outstanding, pursuant to the contract of sale. If that balance is not paid and court proceedings are issued then you put them on notice of the intention to raise a counterclaim.

 

[Jl123]

Small claims are very straightforward to fight. I would, however, issue a counterclaim.

First thing would be to respond to her solicitor's letter with a denial (stating horse was sold from the field, no previous behaviour issues, videos provided etc). Then in the same letter I would say that £700 payment is outstanding, pursuant to the contract of sale. If that balance is not paid and court proceedings are issued then you put them on notice of the intention to raise a counterclaim.

Thank you so so much!! Should I keep the reply back quite simple? Definitely going to input about the remaining outstanding too!

 

[Slightly Foxed]

You really need to find a way to take the pony back and, as others have said, refund the money when you‘ve re-sold the pony. The court route will take months and months, there’s such a backlog. Even before the pandemic, when I had an issue, I was looking at 9 months before the case could be heard. And during this time the pony will be in this person’s ’care’...

 

[Slightly Foxed]

And during that time the pony will be in this person’s ’care’. I know it’s hard.

 

[MagicMelon]

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

This. Id have left the second they said they didnt want it.

 

[Jl123]

Just to advise everyone, I have been informed by a close friend that he is okay and not being badly treated or anything like that.
I'm not in a position to accept him back, it would be impractical on me and on the pony himself.

 

[DressageCob]

Thank you so so much!! Should I keep the reply back quite simple? Definitely going to input about the remaining outstanding too!

Yes, just answer saying you deny liability. And explain why, such as that they bought without a vetting or assessment, no prior history, provided videos etc. I'd also include that you were a private seller (since the Consumer Rights Act 2015 doesn't then apply, and that's the main Act which gives a right to return), if they have alleged otherwise.

Then inform them that the £700 is outstanding and invite them to pay within 14 days, otherwise you reserve the right to issue proceedings, or in the alternative, issue a counterclaim in the event they bring a claim against you.