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.
Where did you meet with this indivdual please? I presume not at his premises if you do not have his address?
How did you pay him? Did you receive an invoice?
Do you still have the horse advert? If so does this contain information that you consider to be incorrect?
From what you say you have evidence that he sells horses from time to time at least for profit?
Is the horse dangerous? Has it been vetted?
Sorry for the delay in reverting to you.
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.
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.
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.
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.
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
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?
Sorry for the delay in reverting to you. I am back...
From what you say ou have the address of his stables? Does he operate from that location? Do you have his name?
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.
Accordingly you can consider writing to him and serving him with court proceedings if necessary at his place of business - the stables.
Alternatively you could use a tracing agent to find his home address. many operate a no find no fee service.
There are may tracing agents available - e.g. http://tracedebtors.com/
If you need to issue proceedings the simplest way to do so is by using www.moneyclaim.gov.uk
Is there anything above I can help you with any further?
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.
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.
Is there anything else I can help you with?
Does the above answer all your questions or is there anything I can clarify or help with any further?
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.
A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me