Tricky situation - any advice?

[MizElz]

A friend of mine is in a real spot of bother at the moment, and I just wondered if anyone here has had a similar experience, and therefore any advice?
Last year, she had to sell her young horse who she had owned since a foal. The horse is lovely - well bred and beautifully put together, and my friend brought him on very slowly so as not to rush him. She had high hopes for him - she kept him for a while at an eventing yard while she worked there and was told that the horse had a lot of potential as an eventer, and in an ideal world she would have kept him and competed him. But then her circumstances changed - job, finances etc - and she decided to sell him on so that he could really be appreciated and taken further. She really didnt want to sell him, but it was the age old thing that so many people seem to face - not enough time, money etc
She found a lovely home quite quickly (albeit a couple of hundred miles north so not local) - a Pony Club family with a 16 year old who was ready to take on her first proper horse. My friend was a bit reserved at first because the horse was only 5, but as I myself reminded her, I was only 12 when I took my 5 year old on (and she was only 13 when she did likewise!). She felt the rider was capable and had plenty of support, and they were very keen so everything went pretty smoothly. My friend went to see the horse a couple of times in the first two months and was content that everything was going well - the new owners were also very good about emailing updates so communication was, in general, very good.

About a month ago, they rang her and said that the horse had started to misbehave, and that they wanted her to go and 'straighten him out'. My friend did so, and found that he had started to stop at fences and also to buck. She went to school him a couple of times and got him going nicely again, and the owners seemed happy. Then a couple of weeks ago she had another phone call to say that the horse had started to buck/rear/bolt and that he was dangerous, and that, having had a 'horse whisperer' out who told them that the horse was mentally disturbed, they wanted to sell him for meat. My friend was shocked (understandably!) and instantly offered to have the horse back to try to re-school and sell him on for them. They refused, telling her that they wanted a full refund for the horse (nearly £6k) or else they would be taking her to court. She tried to negotiate with them - she offered to buy the horse back for half the price, which they refused. They are now adamant that they want to take her to court, and she is really worried, both about what might happen to her and, more importantly, the welfare of the horse, who she loves desperately and really did not want to sell in the first place.

Does anyone have any advice? I feel so sorry for my friend; she isnt a dealer, this is the first horse she has ever sold and as far as I can see, she has done everything right. I personally dont feel that the owners have a leg to stand on in court - they have had the horse for nearly 8 months now and so surely they cannot seriously expect a court to say that my friend was out of order?

Any advice appreciated

 

[Maisy]

I would very much doubt that they have a leg to stand on.....is she a member of the BHS? She could give their legal helpline a call......

I would say she has done more than should have been expected of her.....

 

[_daisy_]

i agree with you, i doubt theyd have a leg to stand on after 8 months of owning him. Also its not like she hasnt been there to offer help when theyve needed it. I think what they are doing is uncalled for. they should accept that they are the ones thats caused the problems with this horse and learn from their mistakes.
It might be useful for her to ring a solicitior up and get a one off free consultation for their advice. Or does she have insurance with BHS?

 

[Toby_Zaphod]

There are 2 issues here. One is the possible court case & the second is the welfare of the horse.
Its unlikely that a court case would be successful as over 2 months has passed since the sale & your friend will have emails etc praising how the horse has been performing. For the horse to start having problems now would most likely be down to the way he is being ridden/schooled/treated & any court would understand that although it is unikely it would ever get that far. As for the welfare, that is in the hands of the current owner. The horse belongs to them & they can do what they like with him & you as a previous owner have no say whatsoever. The only way you could guarantee the welfare the horse's future would be to buy him back.

 

[PaintboxEDT]

i would say new owners are having a laugh,its obviously them that has messed up the horse ?? its to late now for them to want to take your friend to court,i take it back,teeth ect have been properly looked at ?

 

[Liesel]

18 months ago I purchased a rising 5 (only 4 1/2 yrs at the time of purchase) 16.1hh mare for my just turned 13 year old daughter who at 5'10" was out of her 14.2hh. Making the next 'step' to horses and a 15.2hh was not an option due to her length of leg. Although we were looking for a 'been there done that' type she (ok I) fell in love with a mare who had been recommended to us and after only seeing her once and trying her for about an hour we decided she was the one. She was homebred and had been professionaly backed with a lovely nature but she was green and hadnt been competed at all. We had had a flight and trek up the motorway to view her and we didnt have an option of a second try etc to confirm our decision.

We got her home and she was everything we wanted her to be. We hunted her after only 6 weeks of having her but she was a star and well behaved. She then started to mess around out hacking after about 3 months of having her home - planting and napping, nothing dangerous but if you are only 13 its not the best feeling in the world. She also started not to load. We have tackled every little hiccup with time and patience and she now loads beautifully. We have just managed to nip the napping in the bud after asking a local instructor to help out.

My daughter is a confident rider, with support from myself, helping her to do the things she wants to do with her horse. I am at the stables every day with her and help her all I can (Im not qualified just a mum who used to have horses and ride until she came along), although I think she would rather I took a back seat more often. But I still have to remind myself she is still just 14 and to ride a young 16.1hh cant be easy.

Gosh .....Im starting to ramble. Really mustnt have a glass of white before responding....

What I am trying to say is I dont think the new owners have a leg to stand on. They have had your friend's horse for 8 months and only now is it starting misbehave. Your friend has gone back to re-school and even offered to buy it back albeit at a lower price and they have refused. Perhaps we have been lucky to iron out most of the problems we have had with our mare. It has taken time but I have NEVER ever thought of contacting the previous owner for a refund or for that matter complain. I believe that our mare has just been trying it on as she has grown in confidence and started pushing the boundaries. Likewise it is more than likely what your friends horse has been doing. I think the youngster is trying it on with its young rider and perhaps the she isnt as able as made out to be to your friend when they first purchased the horse.

To me it seems like they have taken on more than they can cope with. If they were that desperate to get rid, what your friend has offered is a lot more than the meat man, they would have jumped at the chance. I think they are trying it on.

Sorry for such a rambling post but if I were your friend I would have a clear conscious that she has acted correctly throughout and to be honest has done a lot more than a lot of people would have done.

You will be pleased that the battery is now going on the laptop this post has taken so long !

I apologise profusely for the ramble x