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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My daughter and myself went to buy a horse that was advertised

Resolved Question:

My daughter and myself went to buy a horse that was advertised as 100% in every way. I told them that due to arthritis and various operation it had to be 100% which they said it was. It wasn't a cheap horse and he wouldn't come down on price. There was no tack with it or rugs etc. My daughter tried the horse and said he was really quiet, but riding a bit green in the arena they had. Told us it wasn't important though because we wanted him for riding out and not for jumping although he would jump and had been hunting. Also he was only six years old and hadn't done a lot of schooling coming over from the breeder in Ireland. I ordered the saddle fitter to come but he wasn't available till 17th march. As we have other horses tack available I tried a saddle of ours on two days later but when I rode him in arena for 10 mins I could tell it wasn't fitting right. Two days later a friend brought one of her saddles to try. Once again we put it on got on and went into the arena. Within 5 minutes the horse had bolted and I was slammed into the fence being knocked unconscious and not breathing for a few seconds. The ambulance came almost immediately and had to cut my coat off and after being dosed with morphine taken to Hosp where it was found I had 3 broken ribs and a broken shoulder. When my daughter got in touch with the seller of the horse and we asked him to take the horse back and a full refund he said no because it was my fault for schooling the horse. After a while he said he would have the horse back for less than half we paid.
He says he isn't a dealer and I have proof he is and he won't give me his address I only know where his stables are. He says get your solicitor to ring me and I will put him straight as he says I don't have a chance in hell.
Is he right?
I have ridden for 40 odd years and nearly sixty and nearly dead.
Help please.
Jan.
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Where did you meet with this indivdual please? I presume not at his premises if you do not have his address?

Joshua :

How did you pay him? Did you receive an invoice?

Joshua :

Do you still have the horse advert? If so does this contain information that you consider to be incorrect?

Joshua :

From what you say you have evidence that he sells horses from time to time at least for profit?

Joshua :

Is the horse dangerous? Has it been vetted?

Customer: We went directly to the stables where he keeps all his horses. The deal was done in cash he had already said that was all he dealt in. His partner signed a receipt for us but I had to ask for one and provide the paper.
Customer: We still have a copy of the advert. It says it was 100% but a 100% horse wouldn't have acted like it did.
Customer: We know that where we saw the advert he had other horses for sale too. It states on the ad he is a business user and he told us the horses are imported directly from the breeder in Ireland. I have Facebook printouts that show him having said he has bought up to twenty and sells them sometimes before he leaves Ireland.
Customer: The horse had a five stage vetting paper but we noticed that it was for prior to the sale at auction presumably where he bought him.
Customer: I consider this horse this horse has been abused and believe he thought that as I moved my right hand slightly he was going to get thrashed. Also he was like a dope on a rope when we saw him, now he is nervous when touching him, that although we are gaining his confidence daily I will never ride him. He was like a wild thing.
Joshua :

Sorry for the delay in reverting to you.

Joshua :

If you have evidence that the individual habitually sells horses for profit then he will be (whether he likes it or not) a dealer and accordingly the Sale of Goods Act shall apply to the transaction.

Joshua :

The Act provides that the horse must be as described in the advert, fit for purposes and of satisfactory quality. In addition if you can show the horse is dangerous there may be an additional claim against the dealer for negligence in terms of selling you a horse that is dangerous.

Joshua :

Notwithstanding a potential additional claim for negligence if you can demonstrate on the balance of probability that the horse is not as described or not fit for purpose or not of satisfactory quality then you can require a repair or replacement or refund. Obviously in the case of a horse, a repair is rarely possible and therefore a dealer is typically limited to a replacement horse of equivalent specification (though this will also frequently be difficult) or a refund.

Joshua :

In addition the Sale & Supply of Goods to Consumers regulations 2002 provide that any "defects" experienced within the first 6 months are automatically assumed to be the dealers responsibility unless the dealer can prove otherwise.

Joshua :

Accordingly your first step is likely to be to contact the dealer and advise that you consdier that the horse was misrepresented in the advert and also has defects - namely that it may have been abused and so on. Refer him the the above regulations and that any defects in the animal are automatically assumed to be his responsibility unless he can prove otherwise and accordingly invite him to consdier a replacement or refund within the next 7-10 days failing which you will issue proceedings against him in the small claims court for breach of contract and will also reserve your rights in respect of a negligence claim for personal injury

Joshua :

I just have to step into a meeting. If you have any follow up questions may I revert to you in hopefully less than an hour?

Customer: But we asked for a refund as it was not 100% quiet or it wouldn't have acted in the way it did but he flatly refused. Saying there is nothing wrong with the horse, but clearly with my injuries within 5 mins of riding it there is. What should my next step be ? As I cannot contact him how do I let him know he is not answering my calls and have no address for him.
Joshua :

Sorry for the delay in reverting to you. I am back...

Joshua :

From what you say ou have the address of his stables? Does he operate from that location? Do you have his name?

Customer: Yes we have his name and he operates from the address of the stables. Would he not just tear up aetter fro
Joshua :

Thanks. There are accordingly two options. If the stables have an address it is sufficient for the purposes of the civil procedure rules (the rules which courts follow) to serve him at his last known address or any address from which he operates a business.

Joshua :

Accordingly you can consider writing to him and serving him with court proceedings if necessary at his place of business - the stables.

Joshua :

Alternatively you could use a tracing agent to find his home address. many operate a no find no fee service.

Joshua :

There are may tracing agents available - e.g. http://tracedebtors.com/

Joshua :

If you need to issue proceedings the simplest way to do so is by using www.moneyclaim.gov.uk

Joshua :

Is there anything above I can help you with any further?

Customer: So you are saying I can send a letter care of the stables stating our intention of taking him to the small claims court. I do not need to employ the services of a real solicitor and can I add cost of livery because I am now unable to look after said horse and loss of clothing that had to be cut off and pain and suffering that I certainly hadn't bought
Joshua :

That is correct providing he operates from the stables as opposed to for example just agreeing to meet you there to hand over the horse but he has no connection to the stables.

Joshua :

You do not need a solicitor to issue a small claims claim (under £10000). You can add any losses you suffer as a result of the breach of contract which can include upkeep of the horse after the point you indicate you wish to return him. As above you could also contemplate a personal injury claim for negligence if the horse can be shown to be dangerous - for this you can employ a no win no fee solicitor as a separate claim but this would require as above proof the horse is actually dangerous.

Joshua :

Is there anything else I can help you with?

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Customer: That's all for now thank you. You have been very clear and useful.
Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua and other Law Specialists are ready to help you