Unsuitable horse

Contact your local Trading Standards office tomorrow, they enforce the Sale of Goods Act and are the best people to advise you, if the lawyers are taking their time getting back to you.
Goods have to be as described and fit for purpose and live animals are generally included as 'goods'.
Trading Standards consumer advice is free and they will let you know all of your options :)

"Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller’s skill or judgment, and the goods are of a description which it is in the course of the seller’s business to supply (whether he is the manufacturer or not), there is an implied condition that the goods will be reasonably fit for such purpose..."
 
Hmm, when I typed my reply I was assuming the vets were genuine and not part of any attempt to defraud.

If we assume the vets are genuine...

Is there a case for negligence based on the the vet knowing that the horse was wanted for jumping by a heavy rider, but had recently had a course of bute? I thought a vetting was only supposed to be an assessment of the horse on the day, rather than taking previous history into account?

If the vets think the earlier bute would have been likely to affect the vetting, then would the OP have a case against the vet for a refund of the vetting price, simply because they should have known from their own records that it was a waste of time doing it?
 
Hi, when I sold a horse with a 5 stage vetting I had to sign the release form so new vets could see his medical history. I had the choice of either signing it so they could see everything (couldn't hide anything even if I wanted to) or refuse to sign and therefore imply I was hiding something. With my next horse I had him vetted by my favourite vet at the practice which happened to be the practice that treated the owners yard which HAD to be disclosed on the vetting form and she also had to sign release of his medical records so again there was no room to hide anything. As I knew the vendor we discussed this as it was a relatively new addition to the form. Something to discuss with vet?
 
I'd still be looking at the vet who did the vetting, the bute was well out of the horses system by the time the vetting took place so why was this major condition not spotted and reported to you?
The seller could still be behing honest and not have known and just assumed Bute left the system after 24 hours (I would assume that as when prescribed you give it once a day, if it lasted four 3/4 days I would assume the vet would only ask me to give it every 3/4 days)
As someone else mentioned the seller may not have the money to give you, the vets will have professional indemity insurance - so if they are proved to be to blame their insurance will pay up.
 
I think trading standards only cover businesses not private sales.

What is a "client information sheet"? Is this something that the vendor has given permission for the vets to give you ? If not they are breaking the data protection act.

If the vetting vet is the vendors vet, there should be a box somewhere on the vetting form that says something like "does your previous knowledge of this horse inhibit what the vendor wants it for"
 
Polos Mum said:
I'd still be looking at the vet who did the vetting, the bute was well out of the horses system by the time the vetting took place so why was this major condition not spotted and reported to you?
The seller could still be behing honest and not have known and just assumed Bute left the system after 24 hours (I would assume that as when prescribed you give it once a day, if it lasted four 3/4 days I would assume the vet would only ask me to give it every 3/4 days)
As someone else mentioned the seller may not have the money to give you, the vets will have professional indemity insurance - so if they are proved to be to blame their insurance will pay up.
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I agree with what you say but no professional person wants a claim on their indemnity insurance. It would bring their professional expertise into question.
 
Agreed, they may not want to claim but if a court decides they have been negligent (or even if a senior partner decides a claim is better than a big public court case) then they have the ability to make a claim.
Jo public horse seller may well have spent the cash. If the seller is really dodgy they will do all sorts to get out of paying (declairing themselves bankrupt at the extreme)
I had a car accident where the insurance company decided the other person should make payments to me of £2 a week (all he could afford!) - which he did for about a month before disappearing.
Just trying to clarify that winning a court case against an individual does not necessarily get you the £'s that the court awards you!

As I said right at the begining I'd spend all this time and effort on sorting out some sort of future for the horse and move on - but it's clear that the OP doesn't want to do that.
 
With grateful thanks for all the constructive advice we've received on the forum, we are pleased to let you know that the Seller has now agreed to accept the return of the horse and to refund all monies paid.
 
Polos Mum said:
As I said right at the begining I'd spend all this time and effort on sorting out some sort of future for the horse and move on - but it's clear that the OP doesn't want to do that.
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Somewhat unfair. They have paid for a competition horse and have had a horse with issues. At this stage I don't feel they owe the horse anything and I would have done exactly what they did. Luckily it seems it has all been sorted out.
 
Luci07 said:
Somewhat unfair. They have paid for a competition horse and have had a horse with issues. At this stage I don't feel they owe the horse anything and I would have done exactly what they did. Luckily it seems it has all been sorted out.
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I agree I would have done exactly what Op has done , at that sort of stage it's just not OP's problem to sort out.
I am so glad she been able to get her money returned without a huge hassle and cost , I do however feel sorry for the horse.
 
Well done for coming to a sensible agreement with the sellers without having to get lawyers involved.
Hopefully they won't just bute it up and sell it on to someone unsuspecting again.
Can you write clearly in it's passport the vets findings so the next person isn't put in that situation?
A painful and expensive (given you've had his livery costs and vet costs) to find out it's not a great idea to use the sellers vet when purchasing.
 
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