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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Dear sir/madam I am writing in the hope you can give me

Customer Question

Dear sir/madam

I am writing in the hope you can give me some advice on if i have any grounds to recover some money.

I bred an Arabian Horse and have had him for 12 years. He played a huge role in our family and was adored by the children. Sadly my mother became ill and i was diagnosed with depression meaning i was off work for over 2 months. For my horses best interest i decided to sell him, however refused to sell him on any websites and wanted to inspect his new own before agreeing to let him go.

My mums friend of 20 years had no horse to ride and a verbal agreement was made that she would take my horse to ride and show. I requested no money from her unless she sold him on and therefore requested a share and wanted to inspect his new home to be first.

I was pressured into quickly signing his papers over, however with the Arab horse society his was still registered to me. Within 3 weeks my friend suddenly went on holiday and i was told he had been sold on by a mutual friend. However i was not informed. I had no idea where my boy went to and what his new home was like.

On her return from her holiday via text i asked where he was,who bought him, was he okay and for my share in the sale. I told her how i was very unhappy she old him without informing me. My friend text back saying she sold him to a good friend, he had been injured however refused to tell me where she sent him. She told me she got peanuts for him and he may end up at an auction where injured or ill horses could potentially go for meat. I begged her to tell me where he was as i would gladly have him returned home. The thought of him scared and injured made me feel sick. She continued to refuse telling me where he was.

In desperate hop i created a National search with thousands searching for my boy. Within 24 hours his new owner saw our page on facebook and contacted me. She told me my friend sold him for £1,200 (yet told me she got peanuts). I asked how long she had known my friend and she responded she had never met her before. She bought my horse of a selling website. Something i would never have agreed too should my friend have informed me.

She also told me the horse was badly injured and on the verge of being put to sleep. Luckily he is making a full recovery.

The new owner noticed lumps on my horse and asked my friend if they were sarcoids. (if these spread the horse can never be ridden again, would be hard to sell and cannot be shown. My friend told the new owner that i got him vetted and the vet confirmed they were not sarcoids so she also trusted my friend and handed the £1,200. I never had him vetted and they are in fact sarcoids.

This woman has conned me and my horses new owner. She has cause me distress and made me ill.

She told me out of £1,200 she would send me £100 as a gesture of good will which i am fuming about. I bred and raised him for 12 years yet she rides him for 3 weeks, sells him and maked £1,100. I have still recieved no money and that amount in not exceptable.

My horse is now happy in his new home and i do not wish to try and get him back as he is settled and has a lovely new owner. I just want money which is righfully mine.

Please can i ask if i have any grounds for anything. the agreement was verbal which i regret not getting it written. However a friend of 20 years you think you can trust. The horse was registered to me when she sold him.

Please please help
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

So, in short, she sold a horse for you and hasn't paid?

What was the share you agreed to?
Customer: replied 3 years ago.

Hi Jo


 


Yes the agreement was she took my horse on as she did not have one to ride. Should she sell him i requested a share in what she got as he was registered to me and i raised him for 12 years. I gave her all his tack, rugs, etc. She told me she got peanuts for him and could only give me £100 when she actually sold him for £1,200 on a website which i would never have consented to should she have told me as per the agreement .


 


We did not agree to a specific amount im afraid. I know this is where i have slipped up.

Expert:  Jo C. replied 3 years ago.
OK.

Did you agree a percentage ?

What was said about the 'share;?
Customer: replied 3 years ago.

we did not agree on a percentage, however when i found the real price she sold him for i contacted her requesting more as she was only selling him on my behalf and making £1,100 profit, plus gaining his tack and equipment.


 


She has still not sent me the £100 or got back to me about my increasing my amount. I was happy for her to keep over half of what he was sold for, however she has got greedy and is trying to now keep it all.


 


 

Expert:  Jo C. replied 3 years ago.
No, but forget that for the moment.

At the time that you agreed the sale originally what was said about the 'share'?
Customer: replied 3 years ago.

I never agreed to sale. I requested i meet his new potential owners first and if i was happy she could sell.


 


She sold him without informing me on a selling website and still after his sale did not tell me.


 


I requested if she was to sell him and i was happy with his potential new owners i want a share of the sale however no specific percentage was agreed im afraid.


 

Expert:  Jo C. replied 3 years ago.
Ok.

Do you want him back or do you want the money please?
Customer: replied 3 years ago.

Ive been in touch with his new owner and im very happy he is being well cared for now, and is safe, so i am happy for him to stay with her. He is settled so i do not wish to disrupt him.


 


However i am seeking more money from my friend as i feel £100 is an outrageous amount give me, especially with the dirty tricks and lies she has done throughout the process.


 


 

Expert:  Jo C. replied 3 years ago.
Thank you.

I am afraid you are in difficulty here. The problem isn't that she shouldn't give you more money. Clearly morally she has behaved badly. The problem is just plain that the contract was unclear.

You reached an agreement to an undefined 'share'. £100 is a share. You didn't agree a percentage or apparently even reach an implicit agreement upon the point.

If you went to Court this would be an issue I'm afraid. I do think a Court would want to give you more than £100 if it could find a way of doing so but I'm not sure I see how it can be done here. What a Court cannot do, at least cannot overtly do, is order her to pay more to fine her for her conduct.

If she refuses to pay then you can issue against her here

www.moneyclaim.gov.uk

In fairness, she might agree to pay more than £100. That might be her opening offer.

Its very difficult though because he was probably worth more than the sum for which she sold him anyway so they cannot reflect his value in an award to you.

You are certainly entitled to something though.

I'm very sorry.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

I was afraid you would say that.


 


Thank-you so much for your help anyway. Ive learned a lesson to have written contracts even with close friends and be more specific in amounts.

Attachments are only available to registered users.

Register Here


 


I guess the main thing is that he is happy and being well cared for now, so i suppose thats more important.


 


Thanks so much for all your help.


 


Regards


 


Charlotte

Expert:  Jo C. replied 3 years ago.
You don't necessarily need written contracts but you do need to agree clear amounts.

She is behaving disgracefully though and she might well offer more if you went to court as she will know that she hasn't behaved well.

I'm very sorry.

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