taking dealers to court

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lovnuggs

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has any one ever taken a dealer who missold them a horse to court,if so would be very interested to hear your expearences as it looks like i shall be taking that route
 
Was going to - went down the route, solicitors etc - then 2 weeks before the court date, they decided to take the horse back and give us our money back. Suppose they didnt want want the bad publicity.
 
I've taken someone to small claims court before. It was very simple and straightforward but quite stressful at the time. I didn't need anybody from the legal profession to help me so it was all very low key. My 'opponent' had apparently employed barristers but I still won my case.
Good luck.

*edited to add - it wasn't a horse dealer I took to court although the same principles should apply*
 
Maybe give your local CAB a call - or, there are often adverts in the H&H for equine solicitors - may be worth seeing if they do a free first consultation and could let you know if you have a good case, and what action to take.
 
Trading standards are helping my friend who was sold a 20 year old advertised as 10 year old.They have offered to do most of the work on her behalf and it looks like it will be resolved soon.
 
I have someone trying to return a pony to me. I am not a dealer. Problem is I have no where for it to live or I would have tried to have it.

I sold it in good faith as possible pc/rc. They had it a full month before mentioning a problem. They now say it has a back problem, but don't appear to have had any medical person out to it, and claim I knew about this.

Problem is, I had no incling of a problem, pony was fine (bit green) and in work when it left here. They also rode it out for mad hacks with us and really had a chance to test it before they bought it. We also offered them a full vetting.

I'd be careful before you go the court route. I've taken legal advice and as they left it so long to mention a problem, can't prove a problem (ie no medic) and had ample chance to find a problem prior to purchase, they cannot claim under any existing uk law, statute or common law!!

I've sent a polite letter back to them explaining this but I feel dreadful as I liked the pony and I thought they were a nice home. Gutted that it appears to have injured itself and not had a back person or vet called to attend it.
 
Yes they can, but you will probably be OK providing you have not sold other horses this year. If you have sold (I think) 4, then you are classed as a dealer in which case you will have to have the pony back, refund the money etc as the pony is not fit for purpose. It doesn't matter what they say the problem is, it is exactly the same as returning a fridge or freezer to a shop if it is not what you want. If you have sold no other ponies, then you will be fine. You have up to 6 months to return goods which are not fit for purpose.
 
Thanks, point is pony had it's back checked while with us, no problems, They have had it for over a month. when it left us it had no back problem.

In the intervening month something may well have happened at turn out or ridden. Either way it was fit for purpose when it left here!!

And no we're not dealers, we've sold 1 other horse (between us) in the last 12 months and neither of us has changed horses for about 2 or 3 years prior to that.

I took 3 different legal advice on the issue as I wanted to be sure before I risked incurring expense!! They all match!!

good luck Lovnuggs but I would really do as someone else said and get legal advice 1st. Be open with your legal advisor, give them all the facts. 1st consult is often free.
 
Yes, i have. Trading standards took the case up for me and did everything. I was sold a 14hh pony, who they had advertised as being 15.2! big difference. i won my case, but it was all down to trading standards. i'd try them first.
 
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