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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I bought a pony very recently and within 3 days of owning him

Customer Question

I bought a pony very recently and within 3 days of owning him realised he was showing signs he was a lot greener than I was let to believe. The seller had told me when I went to view him his background and although I was informed he was only 5 years old and broken at the beginning of the year in Ireland, she stated is was safe to ride on the roads and had no vices.She went on to say he was ready to move forward as she had been working on him for the last 3 months and he had no issues.
He was vetted before I went ahead with the purchase and although I was not present at this time the vet spoke to me at length after she had carried out her procedures. This was when she told me the chip in the ponys neck did not fully correspond with his passport. The last 3 digits did not match, and when I asked her about this she explained this quite often happens. Maybe a faulty chip was inserted and so another may well have been put in, but the owners at the time did not keep the passport up to date, with this information.
I emailed the lady who was standing in for the seller as I was concerned about this and she also said this happens a lot of the time and nothing to worry about. I contacted her again when I realised the pony would not pick up his back feet for me to clean his hooves out. He became very spooked and tense and it seemed to me he did not know what I was asking of him. The lady told me they don't always have time to do the ponys feet( which alarmed me as he had been in the owners care for 3 months to bring on!)
The next day I read the back of my ponys passport as I realised I had to inform the Connermara Socity of which he was registered with, change of ownership. I soon realised I needed a particular form, which both the seller and purchaser are meant to fill in and then the new owner sends off with a fee to get the passport up to date with the new owners details. I emailed the stand in lady again and she did not reply. This made me concerned as all other correspondence had been responded to.
I then contacted the Irish Connermara Sociity to see if they could help with the form and while I was on the phone asked them to check my ponys details through their system. The chip number I gave them which had been read by the vet, came up a totally different pony and was a mare. I was very shocked as I has bought a gelding. I then spoke directly to the stand in lady and she told me again nothing to worry about but to inform the old owner. I did so through an email as the day before the vetting took place the owner had a very nasty fall off her own horse and was in hospital.
I requested a full refund as paperwork did not match and the pony should be collected by one of her staff as she was unable to drive. The emails went on for two days before she finally agreed to having the pony back, but insisted I needed to return the pony at my expense, before she would honour her 7 day return policy stated on her website. She went on to say I would lose 10% of my refund as stated on her website due to time wasters in the passed. I disagreed with her, but got nowhere on this matter
I manage to return the pony to her yard before the 7 day deadline, which cost me £125.00
At this stage she was out of hospital but resting at home a staff member received the pony and the next day she informed me she would soon refund me - 10%
I have contacted Trading Standards about this matter and they informed me as the pony was not as discribed and his paperwork did not match him I should get a full refund and should not be out of pocket concerning returning fees.
Please could you help as I need to know how to go forward and hopefully get back the monies she had deducted from my refund and other bills I have incurred.
needed to be He would not pick up his back feet and was very spooked new surroundings.I emailed the sellers stand in, as the seller was in hospital after suffering a nasty fall the day before the pony was vetted. problems, which they had not mentioned.and when inquired form the seller about a form they should have informed me about changing owner ship they did not reply. I then contacted the Irish Connemara societyinformed me the last 3 digits of his chip number did not correspond correctly. The vet went on to say this sometimes happens, maybe the chip was faulty and another had been inserted, but the passport and not been updated.
I have not owned a pony for 27 years, so was not too alarmed when the vet gave me this
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
Customer: replied 1 year ago.
I would like to receive the £250.00 back which she withheld ( the 10% she deducted from the sale price)
The £125.00 fee I had to pay to get the pony back to her within her deadline .
The £67.00 transport fee to take the pony to his new home.( I feel the pony was not what she discribed and should not have been offered for sale as paperwork did not match pony)
One weeks rent to keep the pony at his new yard( £40.00)
The hay and straw fee for the week £17.50)
Although the monies above are important the stress and heartache she has caused me are off the scale. I have waited. 11 years to buy a suitable pony and my dream has been shattered. I suffered my first panic attack as I could not find anyone to return the pony for me and she keep saying I needed to return the pony within her time frame, to receive most of my money back.
Lastly an apology, this is her business, of excepting horses over from Ireland, bringing them on and then selling to the public. In this instance she sold me a pony which was not suitable for my needs, a lot greener than she said, and the paperwork was not correct.
Hope this all makes sense !
Kind regards Louise
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 3 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi
I am just following up to see if there is anything else I can help with?
If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Customer: replied 1 year ago.
Hi Alex, thank you for your advise and guidance with the situation I find myself in. Could you tell me how much it will cost me to issue proceeding through the the County Court. Also do I need to be present at the court, once a date has been given.
Kind regards
Louise
Expert:  Ash replied 1 year ago.
https://www.justice.gov.uk/courts/fees
The fees are listed here.
Alex

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