Update on mouldy haylage...

JackDaniels1

JackDaniels1

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Just wrote out a big post and lost my connection!!

I tried to contact them yest, they rejected my calls/voicemails then I called a bit later off a witheld number and they answered - I got abuse shouted at me down the phone, f*ing this and f*ing that, ''there were no holes in it when it came to you'' (what are all the patches you've stuck on then?! and bare holes you've left without patching up!) they told me to P off and put the phone down on me. I then phoned a few hours later, left a nice polite voicemail asking if we could talk about this sensibly and that they are welcome to come and have a look at the bales etc etc'. No reply.

I phoned 4 or 5 times today, kept getting my call rejected. Then I rec a text message to say that I am harassing and stalking them and if I continue they will call the police. It also said 'bales were sold as seen' (they delivered them 2.5 hours late so it was pitch dark when they eventually turned up with them hence i couldn't see them hardly - No where on the advert does/did it state that there are holes all over them!)

Then I got in contact with a couple who know them (does business with them) and they kindly gave me the partner's mobile number and their address. I phone the partner's mobile number, I say 'Hello, is that X?' , they say 'Yes, how can i help?' I then start to mention the haylage problem, they then say 'Actually, this isn't X' and puts the phone down. I then phoned back the couple who gave me the mob number and they confirmed that it is the correct number. I try and ring the partner back again and they just reject the call.

I have seeked professional advice to which I am to write them a letter giving them 14 days to refund me. I don't know how I stand with them taking them back though?!

Many people I have spoken to about this say 'go round to their house' - would you?
 
Be brave, and go to their house - take photos of the haylage and if they shut the door on you - post the photos. Tell them, unless they refund you will be contacting CAB /solicitor. Video them to, if they agree to a refund, thats fine, if not -then why not if they refuse to see the stuff they gave you. People often back down when you have clear evidence how badly they behave!
Good luck.

Ps, where are you -can someone not come with you to back you up?
 
JackDaniels1 said:
Just wrote out a big post and lost my connection!!

I tried to contact them yest, they rejected my calls/voicemails then I called a bit later off a witheld number and they answered - I got abuse shouted at me down the phone, f*ing this and f*ing that, ''there were no holes in it when it came to you'' (what are all the patches you've stuck on then?! and bare holes you've left without patching up!) they told me to P off and put the phone down on me. I then phoned a few hours later, left a nice polite voicemail asking if we could talk about this sensibly and that they are welcome to come and have a look at the bales etc etc'. No reply.

I phoned 4 or 5 times today, kept getting my call rejected. Then I rec a text message to say that I am harassing and stalking them and if I continue they will call the police. It also said 'bales were sold as seen' (they delivered them 2.5 hours late so it was pitch dark when they eventually turned up with them hence i couldn't see them hardly - No where on the advert does/did it state that there are holes all over them!)

Then I got in contact with a couple who know them (does business with them) and they kindly gave me the partner's mobile number and their address. I phone the partner's mobile number, I say 'Hello, is that X?' , they say 'Yes, how can i help?' I then start to mention the haylage problem, they then say 'Actually, this isn't X' and puts the phone down. I then phoned back the couple who gave me the mob number and they confirmed that it is the correct number. I try and ring the partner back again and they just reject the call.

I have seeked professional advice to which I am to write them a letter giving them 14 days to refund me. I don't know how I stand with them taking them back though?!

Many people I have spoken to about this say 'go round to their house' - would you?
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Yes but only with a couple of burly blokes who will just stand there expresionless, not say anything and look straight at them in a slighty sinister way as you ask for your money back !!!
 
I tried to explain nicely yest that I couldn't afford not to take it further after they told me they wouldnt give me a refund. They then said 'f'*ing take me to court'.
 
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JackDaniels1 said:
I tried to explain nicely yest that I couldn't afford not to take it further after they told me they wouldnt give me a refund. They then said 'f'*ing take me to court'.
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They sound like lovely people ...not anyway like i said you need to make them think you will be realy nasty or you need to do a small claim after sending them a letter (recorded) asking for your money back within 14 days
 
definitely pursue it but dont put yourself at risk.

Ive had 60 bales of haylage delivered and about a third were no good, but I didnt get round to complaining as my bales were sealed and no holes and last year was a hard one weather wise to get the stuff made, and the good bales got me over the 2 foot of snow for 3 months nightmare (and I had to store then outdoors in -20 which may have been too much for them! But if its patched then thats different, they already know its likely to be no good, especially for horses....

I know a lot of farmers wont sell stuff to horsey types as they think we are pains, and haylage is a nightmare as you cant see whats going on in the bales, but in this case it really really does look like they were trying to palm off the spoiled bales.

Critical to get the photos, I would send them by recorded delivery rather than by hand, so you have proof it was posted and that they received it. Also contact trading standards.

You may in the end have to swallow the loss. if so then getting the haylage thru local agric merchant (even if from the same supplier) does give you easier comeback, if you reject it they reject it back to the farmer (if they agree its cack) and then cos they are big customer for the farmer he does give a damn and will replace it.

The odd bale being off is I think one of those things, but the trouble is sometimes its a whole load or portion of load, and that is £££. At our local place its about 50p a bale more expensive, but worth it for peace of mind. Ive stopped buying it in bulk, so at least if I get it home and its no good, I can reject the little, or if I dont, havent lost so much.
 
I didn't see your first post but I just wanted to add that I have had a fair bit of mouldy and dusty hay & haylege this winter, it has been a nightmare winter for everyone, although the suppliers/hay makers have swapped some of mine for me if has been really bad.

But some of it I have just burned.

I think the only stuff you can guarantee will be ok is those little bales that are about £6 or £7 a tiny bale :(

How much have you lost?
 
Why would you go round to their house when they have already complained you are harassing them and will contact the police? Do things in writing, so you have a record of it. Use recorded delivery. If no response, issue a small claim - it won't cost you much and is easy to do. Also claim for disposal costs and any excess costs in replacing it.

Granted horsy people can be a nightmare to sell to but any agricultural delivery that is uselss would be subject to a similar complaint. I don't see how they can be sold as seen if this was not specifically made part of the contract - you cannot see the condition of the haylage anyway as its wrapped up. Its not fit for its purpose. It is, in effect, useless.
 
i say you do everything in writing and keep copies of letters that you send them, they have no reason to be so rude, especially if their haylage is that bad
 
How much are we talking about here, as you know you will not be entertained at their door so why put yourself through it and confrontation can go so wrong, write a letter with picture evidence saying you would like a refund or can you let it go and put it down to a very costly experience and warn others not to buy from them.
 
If you go round thier house - or even keep pestering them - you risk them reporting you to the police for harassment. That would really put you on the back foot. Or beating you up I suppose!

If the person you bought them from was just a private seller then you have no legal recourse. The old "buyer beware" applies.

However if the haylage was sold as part of a buisness then they have various obligations under the sale of goods act.

Have a look at trading standards website - they have template letters. Send him a formal letter advising him that you wish to exercise your rights and give him reasonable time to come and inspect the bales.

Take photos, using a camera with a data back so the date is on the photo, and have them witnessed. If you have an independant feed supplier who visits the property get him to inspect the bales and give you a written comment on whether or not they are of saleable / useable quality. Your vet (if he is up anyway) could do the same or your farrier. Once the time has elapsed you may as well destroy them - but make sure you have at least one independant professaional's view on the quality and likely cause.

Report them to trading standards then start proceedings in the small claims courts to recover your money plus reasonable costs. I would have to say the chances of your recovering the money even with a court judgement is fairly slim - but if you keep pressing you might be able to get somewhere. Good luck.
 
Janette said:
Problem with haylage is, that it's wrapped up. You don't know what you've got until it's opened, and you can't open all the bales before you buy it.
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Sale if goods act still applies though. It has to be fit for purpose.

Take photos as already suggested, & contact trading standards.

Send a text & save it in your outbox telling them that on consideration you are going to take it further, & that you have been advised that they are also likely to be liable for your costs. Add that you are sorry that the situation couldn't be resolved amicably but they have given you no other options.

Never ever ever say in any dispute that you 'can't afford' to take things further. As for the harrassment they are unlikely to complain to the police given that they would then have to explain why they are refusing contact with you.
 
JackDaniels1 said:
I tried to explain nicely yest that I couldn't afford not to take it further after they told me they wouldnt give me a refund. They then said 'f'*ing take me to court'.
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couldnt afford NOT to...

but yes, i wouldnt say anything resembling this iiwy, let them think you have all the £££ you need to sue their asses
 
I wouldn't be going round to their house, as they sound throughly unpleasant and aggressive. :(
 
I haven't read all the details on your problem, but sounds like you definitely need to contact your local Trading Standards - they can give advice on what action you can take personally and may also be willing to look into the supplier of the problem haylage under Feed hygiene regulations.
 
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