Stolen horse bought from a dealer

1

(145165)

New User
Joined
7 May 2020
Messages
5
Visit site
Advice please, bought a horse and have spoken to the owner who had put him on loan to find out the owner didn't even know he'd been sold. The loaner simply gave the horse and good quality tack free to a dealer (who does that). So, this lady legally owns the horse but the dealer is still refusing to refund me. Tried to return due to mis sale but refused and to now find out I've been spending a fortune on a horse not even legally mine! Will phone the BHS on Monday as was issuing legal action based on his behaviour but as he's not legally mine, should I add his legal owner to the proceedings? It's been a farce since day bloody 1!
 
Why would you add the legal owner to proceedings?
Are you also trying to return the horse to the dealer because of the horses’s behaviour or just because the horse was stolen.
Sorry not clear from your post.
 
If the owner had the horse out on loan, do they want him/her back?
They may want paying for them which is difficult as you've already done that in good faith.
I'd imagine you need to reach an agreement with the owner on what happens with/who keeps the horse and go after the dealer for costs.
However the dealer, presumably, took the horse on in good faith not realising that the loaner was not the owner?
But most of all I would be seeing an equine solicitor as this sounds messy!
 
There are two issues here, the first that the horse has behaviour or physical reasons that means you want to return to the dealer and get a refund, they have refused, the second that it is technically not your horse to do anything with, I guess it was put on loan possibly because of whatever you are now having issues with, the loaner for unknown reasons gave it away rather than send it back to the owner, very odd as they gained nothing by giving it away.
I think you require an equine solicitor to help unravel it all, the BHS will probably advise the same as it is certainly not a straightforward situation, poor horse is probably a bit of a crock and is being passed around rather than being helped.
 
So, to be clear, you have two issues with the horse:
Behaviour not as described - under normal circumstances you would return to the dealer for refund under the sales of goods act; and
Horse is stolen - the horse must be returned to the rightful owner and you seek to recover your costs from the person you bought it from (the dealer).

Either way, as I would see it, your action will be against the dealer.

The legal owner will be the one to pursue action against the person who had the horse on loan and gave it to the dealer. If the horse’s behaviour is causing issues, it might be easier for both of you if you just return it to them immediately.
 
I thought if you bought something stolen you have no rights to it and you have to return it to it owner and you don’t get a refund. . Why would you return to the dealer I would be returning the horse to owner and taking the dealer to court . It rotten luck but I now people who happen to .
 
As Dusty says, sadly its a police matter of theft & you have no right to the horse. However, I would work together with the owner in this as you have both been wronged and take the matter further with the law
 
ester said:
Though the many times this has happened before the police have classed it as a civil matter.
Click to expand...


Well yes, they do try to but if it was a car that OP had bought in good faith, they wouldn't call that a civil matter. Police should definitely be notified.

OP, posts on here remain here for ever, it's not like FB where yo can change your mind. I hope for your and the rightful owner's sake that you get it sorted out. I found bhs legal helpline very good when I had a completely different legal problem.
 
Pearlsasinger said:
Well yes, they do try to but if it was a car that OP had bought in good faith, they wouldn't call that a civil matter. Police should definitely be notified.

OP, posts on here remain here for ever, it's not like FB where yo can change your mind. I hope for your and the rightful owner's sake that you get it sorted out. I found bhs legal helpline very good when I had a completely different legal problem.
Click to expand...

Op needs to present paper evidence to police and trading standards if there is any. Loan documents, adverts receipt, advertising etc. The lawful owner is the key witness. What a mess.
 
SatansLittleHelper said:
This is Raven off FB at a guess.
Have a look and make your own minds up folks.
HHO won't remove it.
Click to expand...

This is a new twist. He has to go back to his owner. Then you need to go after the dealer for the cost of him and all associated costs. Hes behaved pretty unfairly throughout all of this, so I would go after the full wack from him. I'd have been a lot more lenient if he had behaved fairly. He hasn't. So get off social media, drop the horse with the owner and lodge a court claim. Then remove every single post you have made about this situation. When you win your court case, then you make a factual post with all the details and results of the case. Now is NOT the time for all this to be splashed across the internet.
 
It appears the horse was put on sales livery via the loaner or his business partner. Horse was missold to me and the owners never received a penny from the sale and were never informed he was sold. Legal proceedings are in place. No one gives a safe and quirk free horse with good quality tack for free unless there's a reason.
 
You must log in or register to reply here.
Top