JillA
Well-Known Member
If the saddler won't even discuss it with you (sounds to me as though you need a hoop head straight cut saddle?) the first step is to write her a letter, and send it by recorded delivery, telling her than under the Supply of Goods and Services Act 1982 you are entitled to her service (i.e. fitting) being completed with reasonable care and skill.This is what C.A.B wrote to me
"When a consumer pays for a service to be carried out by a trader, the contract will be governed by the Supply of Goods and Services Act 1982. This legislation states that all services carried out by a trader should be carried out with reasonable care and skill. Where this is not the case, the trader can be held in breach of contract and should provide a remedy.
This would cover the way (the saddle) has been fitted and the normal remedy would be for the trader to return to rectify the problem within a reasonable time.
In addition, the goods supplied as part of the service should be of satisfactory quality. Under this legislation, the definition of satisfactory quality refers to the standard a reasonable person would expect of the goods and includes factors such as: XXXXXXX
Are the goods fit for the purpose they were designed for?
The remedies available are for the faults to be repaired, or if this is not possible, for the goods to be replaced. If you are claiming a brand new replacement, it may be reasonable for you to make a contribution towards the cost of replacement, taking into account your usage of the goods since purchase."
I think you can also return the goods for a full refund.
Give her a date by when she agrees to refund your money in full, and if she hasn't you will take the matter to the County Court. That is the small claims court, for sums up to £5,000, it will cost you a court fee of £40 (I think, it used to be) which she will be liable for if the judge finds in your favour. Often that is enough to get people to see things from your point of view - after all, she isn't majorly out of pocket if she gets the saddle back.
Be prepared for court action of you do go down that route. Assemble as much evidence as you can, bear in mind that the judge is unlikely to know anything about horses and saddles, and also bear in mind that the judge's job is to enforce the law, not favour those morally in the right, so get the points of law clear. That's where C.A.B. usually help, they give you chapter and verse. And get professional written certification of the damage the saddle has done to your horse - you could include a sum for that, not that you will get it but sometimes judges like to compromise and that is one area where he might - award you the amount you have lost but not anything for the inconvenience, problems caused. A negotiating tool if you like.
It's a hassle and you might decide it isn't worth it - that's your judgement call. But you might decide it is worth it to stop her ripping others off as well as you -the law is there for you to use and IMO people should always use it, otherwise it is a waste of time getting it on the Statute Book.
Good luck - it's an annoying thing to have to battle through, hopefully the threat will be enough for her to see sense.
"When a consumer pays for a service to be carried out by a trader, the contract will be governed by the Supply of Goods and Services Act 1982. This legislation states that all services carried out by a trader should be carried out with reasonable care and skill. Where this is not the case, the trader can be held in breach of contract and should provide a remedy.
This would cover the way (the saddle) has been fitted and the normal remedy would be for the trader to return to rectify the problem within a reasonable time.
In addition, the goods supplied as part of the service should be of satisfactory quality. Under this legislation, the definition of satisfactory quality refers to the standard a reasonable person would expect of the goods and includes factors such as: XXXXXXX
Are the goods fit for the purpose they were designed for?
The remedies available are for the faults to be repaired, or if this is not possible, for the goods to be replaced. If you are claiming a brand new replacement, it may be reasonable for you to make a contribution towards the cost of replacement, taking into account your usage of the goods since purchase."
I think you can also return the goods for a full refund.
Give her a date by when she agrees to refund your money in full, and if she hasn't you will take the matter to the County Court. That is the small claims court, for sums up to £5,000, it will cost you a court fee of £40 (I think, it used to be) which she will be liable for if the judge finds in your favour. Often that is enough to get people to see things from your point of view - after all, she isn't majorly out of pocket if she gets the saddle back.
Be prepared for court action of you do go down that route. Assemble as much evidence as you can, bear in mind that the judge is unlikely to know anything about horses and saddles, and also bear in mind that the judge's job is to enforce the law, not favour those morally in the right, so get the points of law clear. That's where C.A.B. usually help, they give you chapter and verse. And get professional written certification of the damage the saddle has done to your horse - you could include a sum for that, not that you will get it but sometimes judges like to compromise and that is one area where he might - award you the amount you have lost but not anything for the inconvenience, problems caused. A negotiating tool if you like.
It's a hassle and you might decide it isn't worth it - that's your judgement call. But you might decide it is worth it to stop her ripping others off as well as you -the law is there for you to use and IMO people should always use it, otherwise it is a waste of time getting it on the Statute Book.
Good luck - it's an annoying thing to have to battle through, hopefully the threat will be enough for her to see sense.
She did come and correct it but they never had her back again.