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Jenny
Jenny, Solicitor
Category: Law
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I bought a pony that was said to be a family pony anyone's

Resolved Question:

I bought a pony that was said to be a family pony anyone's ride from 8 to 80. It had come apparent that this is not the case and although a placid pony is very green and is not suitable for our needs and capabilities.
I do not have a copy of the advert and have spoken to the previous owner who said she can have him back but will not give me the £2000 which I paid for him.
Where do I stand legally.
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today.
If the pony has been misrepresented to you then the vendor is in breach of contract and you should be given a full refund.
The difficulty you have is that without the advert it will come down to your word against hers and it will be difficult to prove.
You can tell her you will claim the money back and send a letter before action. If she does not pay and you have to bring a claim, you can ask her to disclose the action in the course of the proceedings. Hopefully she will do so.
Customer: replied 2 years ago.
Please can you you explain what you mean when you say 'you can ask her to disclose the action in the course. Of the proceeding please'
Expert:  Jenny replied 2 years ago.
Sorry there is a typo it should say 'disclose the advert'.
What this means is that in court proceedings there is a duty to disclose all relevant information whether it supports your case or not.
If the vendor does not disclose the advert then you can invite the judge to conclude that she does not want them to see what it says, i.e. it supports your argument.
Customer: replied 2 years ago.
Will this be a lengthy legal battle and what am I looking at re. Costs etc .
Expert:  Jenny replied 2 years ago.
I don't know if it will be a lengthy battle because you don't know whether the vendor will give in if you threaten a claim.
If you win you will recover your costs, which will be the cost of issuing the claim which is £105 if you apply online. It is a straightforward claim so it will not be unduly time consuming.
I would be grateful if you would now take the time to rate my answer. Thank you and all the best.
Customer: replied 2 years ago.
I will rate your answers you have been very helpful, thank you. Could I apply online through this website for £105 or where would I go next to start the claim please?
Expert:  Jenny replied 2 years ago.
You can apply at Money claim online, www.moneyclaim.gov.uk
You need to be sure to write a letter before action first to say if they do not refund you will bring a claim, give them 7 days to do so.
Jenny and other Law Specialists are ready to help you