Some opinions please

Wimbles

Wimbles

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I'm trying to get as many peoples thoughts on this as I can before I act so please feel free to give me your honest opinions whether it goes in my favour or not.

At the start of the week I went to collect my new horse who was an unbacked rising 4 yr old. Three days before I had left a 10 % deposit.

Horse was described as well handled, bitted and good to load.........

We got there and the woman had made no provisions for the loading process, it was straight out the field onto a track with open fields surrounding. Myself and my driver are both competent so on the say so that he was good to lead we proceeded.

As soon as the horse came out of the gate he went vertical. Not in a terrified quick reaction rear but a magnificent controlled one. He proceeded to throw himself around, once coming down on my leg which is now black and very painful, but we were patient and calm and tried not to rush him. Next thing we see is the horse chucking himself over backwards, getting loose, cantering round fields and then going through 3 strands of barbed wire (luckily only minor cuts).

We tried unsuccessfully a couple more times to get him back out of the field before I decided that it was only going to end in disaster and enough was enough.

So..........now comes the question of the deposit. I asked for it back as bascially the horse was not as described and I didn't think I had done anything wrong. The woman said that she didn't have the money and I would have to wait until she got payed (today). I luckily made up receipts for the deposit so have all her contact details.

I have since received a text message saying that she thinks I didn't try for long enough (it wasn't very nicely worded) which I haven't replied to as I didn't want to get into a silly battle of words. The horse has also been re-advertised, in which she states he has had very little handling. I have kept copies of both adverts.

What do you guys think my chances are of getting the deposit back and how best to go about it?

Thanks so much for reading
 
I'd ask politely but firm state again (in writing) why you expect your deposit back and when you expect it by.

If she refuses then send a recorded delivery letter threatening legal action (CCJ) if you still don't get a response to that then you should be perfectly within your rights to go through the small claims but that will cost you and even if they find against her she may still not give you your money back. A lot of times though the threat is enough because a CCJ will affect her credit rating.
 
I am so sorry you find yourself in this situation and though you have done all the right things I would be very doubtful of getting your deposit back unless she is a genuine person which it seems very probably she may not be. I would persevere if I was you but at the end of the day though she should return it as we all know from experience horse buying is an utter minefield. Best of luck though and let us know how you get on.
 
I think you should call her rather than texting. I think you had a lucky escape financially and if the 10% deposit is not a lot of money I'd probably write it off to experience myself. I am willing to bet you will have a hard time getting it off this woman.
 
If she got paid today, I'd be round knocking at door tomorrow morning with your OH and in a polite way asking/arranging for the depsoit back with your receipts/adverts etc for proof, that's what I'd do anyway, you need to talk it it through with her, on the other hand people like this need to be stood up to if they are taking the mick. Hope you get it sorted. :)
 
Issue was mainly that we couldn't get the damn thing anywhere near the lorry and that it seemed to have no self preservation. I've been around horses too long to think that they'll do exactly what their owner tells you they will but this horse just wasn't going on the lorry and was a danger to itself and others, I didn't want to risk it doing the barbed wire trick again and not being so lucky second time around.
 
Wimbles said:
Issue was mainly that we couldn't get the damn thing anywhere near the lorry and that it seemed to have no self preservation. I've been around horses too long to think that they'll do exactly what their owner tells you they will but this horse just wasn't going on the lorry and was a danger to itself and others, I didn't want to risk it doing the barbed wire trick again and not being so lucky second time around.
Click to expand...

Fair enough.

Round the house then with a friend to collect the deposit.
 
I think the chances of her actually handing your depsoit back are slim- she has obviously soent it/doesnt have it/is being evasive.

But, whether you'll get it back is another question.... :confused:

I personally cant stand rearers, dont mind the odd buck but i see rearing, especially in the way you described it as the intent to be bl**dy rude!
I would cut your losses and move on. I would be relieved it had done this before you got it home!

As for the difference in adverts, i wouldnt know what to do but get some advice.
 
I would go round with a couple of witnesses and ask for the deposit back if she refuses hand her a letter stating you intend to pursue it through the small claims court and leave it at that until you get to court you will win armed with the adds ect .other option is to turn up and tell her to load him for you and if she wont ask for money back .
 
Unfortunately I don't think you will end up getting your money back unless you just happen to catch her when she sells the horse. I think she is one of those people who just don't have the money! I know plenty like that who buy and sell horses in just the same way, and if you were to ask them the next day, no money. pay day is no good it is always spent
 
i tend to agree... a deposit is usually not refundable. a deposit is a security for the seller in case the buyer doesn't come through with the full payment.

i run a hotel and ask for deposits. if guests book and come, and don't like the room/the view/etc. they can leave, but they can't have their deposit back.

I think this lady was perhaps being a bit generous telling you that you could have it back,

However, it's always worth asking, and if you're polite, she might comply. You could get her on a legal technicality of the advert... but these things are so subjective... your well handled horse could be my fire-breathing dragon.
 
roshah said:
i tend to agree... a deposit is usually not refundable. a deposit is a security for the seller in case the buyer doesn't come through with the full payment.
Click to expand...

I disagree - a deposit is security for both the seller and the buyer. If the buyer had simply changed their mind, then the seller would be within their rights to keep the deposit.

If, however, as in this case, it turns out the goods being sold were not as advertised, then the seller is required to return the deposit. OP - do you still have the original advert where it stated the horse was good to load?

I had this a few years ago with a lorry - we put down a deposit, had it "vetted", and the mechanic told us not to touch it with a barge-pole, and that it wasn't road-worthy. The seller refused to give us our deposit back, so our solicitor wrote him a letter, and the money was returned. As our solicitor is also one of our best friends, it didn't cost us anything though!
 
goods not as described in advert, and in fact dangerous = entitlement to deposit back. Does the receipt say the deposit is non-returnable :confused:

tell the seller you have contacted a solicitor/ trading standards, and tell her you want the deposit back immediately. You have enough evidence to proceed.
 
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