FrecklesMum
Well-Known Member
For peoples info, I have attached the original link, which sets out the background and circumstances.
http://www.horseandhound.co.uk/forums/showflat.php/Cat/0/Number/3620986/an/0/page/4
Anyway, after talking to the BHS legal advice line (highly recommend them well worth the money), I wrote a formal letter to the dealer ASAP. The return letter again basically said Sod Off and as a result of which I applied to the county court.
My case was that the horse was described as 10 and bought on the basis it was 10. The vets opinion is just that, opinion. The age was specified by the dealer and that was that. I was never told that the age/specifics about the horse were unwarranted, but that the horse was unwarranted to ride. Accordingly the horse did not comply with the contractual terms.
The dealers case was that it was a trade to trade sale and that the horse was sold without warranty in regards to all aspects.
The judge did not really address the issue of whether I was a trader or not as he said that the issue was what the contract between the 2 of us said. It is worth noting though that as the dealer was alleging I was a business he had to prove I was rather than I disprove I was not. I think that would actually be quite hard to do in any case, not just mine. As such, always clarify if the seller is a dealer or not!
Luckily, I had another person who could vouch as to what was said at the yard, i.e. nothing about opinion as to age, etc and I had a copy of the original advert which he had signed.
The judge held that the question of warranty, etc was irrelevant. The contract had been made when I gave him the deposit and got him to sign the advert at the yard. The advert did not state anywhere that the information contained in it was only opinion and that the horse was unwarranted. As such I was awarded the purchase price of the horse and all direct costs flowing from the keep of the horse.
It has been a long and stressful journey that has taken a year to the day and I have learnt a lot. Basically I am posting to say that when buying from a dealer, make sure that you do several things;
1. Take a witness with you when you visit the yard that can vouch for what is said.
2. Get the seller to confirm that they are a dealer/trader as this then offers the buyer more protection.
3. Make sure that the dealer signs a contract which contains all of the details about the horse, including age, suitability, etc.
4. If you do have a problem, you must contact the dealer ASAP and let them know what the issue is.
5. As soon as you have a problem you must mitigate your loss, i.e. not spend anymore money on the horse save for what is absolutely necessary, i.e. take its shoes off and chuck it in the field and keep a actuate record of your expenses.
Moral of the story CHEAP HORSES ARE CHEAP FOR A REASON!!
I will probably never get my money off the dealer but until the 21 days they have to pay is up, I am not going to name names. If they dont pay, I will happily advertise the name to all and sundry!!!
Finally, thank you to all those who offered me support be it via posts or pms!
http://www.horseandhound.co.uk/forums/showflat.php/Cat/0/Number/3620986/an/0/page/4
Anyway, after talking to the BHS legal advice line (highly recommend them well worth the money), I wrote a formal letter to the dealer ASAP. The return letter again basically said Sod Off and as a result of which I applied to the county court.
My case was that the horse was described as 10 and bought on the basis it was 10. The vets opinion is just that, opinion. The age was specified by the dealer and that was that. I was never told that the age/specifics about the horse were unwarranted, but that the horse was unwarranted to ride. Accordingly the horse did not comply with the contractual terms.
The dealers case was that it was a trade to trade sale and that the horse was sold without warranty in regards to all aspects.
The judge did not really address the issue of whether I was a trader or not as he said that the issue was what the contract between the 2 of us said. It is worth noting though that as the dealer was alleging I was a business he had to prove I was rather than I disprove I was not. I think that would actually be quite hard to do in any case, not just mine. As such, always clarify if the seller is a dealer or not!
Luckily, I had another person who could vouch as to what was said at the yard, i.e. nothing about opinion as to age, etc and I had a copy of the original advert which he had signed.
The judge held that the question of warranty, etc was irrelevant. The contract had been made when I gave him the deposit and got him to sign the advert at the yard. The advert did not state anywhere that the information contained in it was only opinion and that the horse was unwarranted. As such I was awarded the purchase price of the horse and all direct costs flowing from the keep of the horse.
It has been a long and stressful journey that has taken a year to the day and I have learnt a lot. Basically I am posting to say that when buying from a dealer, make sure that you do several things;
1. Take a witness with you when you visit the yard that can vouch for what is said.
2. Get the seller to confirm that they are a dealer/trader as this then offers the buyer more protection.
3. Make sure that the dealer signs a contract which contains all of the details about the horse, including age, suitability, etc.
4. If you do have a problem, you must contact the dealer ASAP and let them know what the issue is.
5. As soon as you have a problem you must mitigate your loss, i.e. not spend anymore money on the horse save for what is absolutely necessary, i.e. take its shoes off and chuck it in the field and keep a actuate record of your expenses.
Moral of the story CHEAP HORSES ARE CHEAP FOR A REASON!!
I will probably never get my money off the dealer but until the 21 days they have to pay is up, I am not going to name names. If they dont pay, I will happily advertise the name to all and sundry!!!
Finally, thank you to all those who offered me support be it via posts or pms!
