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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice
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I bought a horse after someone answered a wanted ad on the

Customer Question

I bought a horse after someone answered a wanted ad on the preloved site. The lady mary, who lives in wales and is a respected horse breeder said the horse was good and what i was looking for. The horse was owned by her friend Kate in spain. I negotiated with mary and paid mary the money into her bank account. The horse has turned out to be nothing like I was told to expect and I have been badly lied to. Is there any point taking mary to small claims court?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What did she say that was incorrect?
Customer: replied 2 years ago.

That the horse was quiet to ride and good in traffic when infact it had hardly been ridden at all

Expert:  Jo C. replied 2 years ago.
Is it bad in traffic?
How does it react when ridden?
Customer: replied 2 years ago.

It had not been broken in it cant be ridden on the roads at all

Customer: replied 2 years ago.

We have very busy roads so I needed an experienced horse Mary said the horse was totally calm and unflappable. Since arriving with me it has reared up and fallen over backwards and gone completely loopy when it saw a tractor so there is no way we can take it out on the roads

Customer: replied 2 years ago.

It takes a long time to get an answer are you there?

Expert:  Jo C. replied 2 years ago.
The reason you are experiencing delay is that you keep posting before I have responded which pushes the question to the back of my list.
You could sue on the basis that this was a misrepresentation. I'm not sure there would be any difficulty with establishing that.
The difficulty here may be proving which one of the pair you have the contract with is the obvious point for her to take is that she was not the owner but given that he paid her rather than her friends I think probably a court would except that.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

do you mean the court would expect me to take mary to court rather than kate in Spain?

Expert:  Jo C. replied 2 years ago.
No, the court would demand that you sue your contractual partner.
She is clearly alleging it is the owner of the horse so that is an obvious point for her to take.
Customer: replied 2 years ago.

sorry dont quite understand your answer do I take Mary or Kate to the small claims court ?..or should I not bother

Expert:  Jo C. replied 2 years ago.
Well, as I said really. That is a matter of dispute. You should probably sue Mary. She will allege that you should sue Kate. That will be an issue for the court.