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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I sold a horse which I am being claimed against as they say

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I sold a horse which I am being claimed against as they say it was misold. It was a long time ago n the horse is now dangerous. It was not when it left me, it was lovely. As it is no way the horse that left me I have refused to pay the claim. Their solicitor is now saying it will go to court. How long will it be before I receive something official. Do they have to follow up with the claim as they said they are going to. I am very concerned about the horses welfare and am prepared to take it back, but as it has been completely ruined by the buyer and if it is as dangerous and troublesome as they say, it is only worth what it would make at an abattoir about £200. They were prepared to settle for considerably more. I was not prepared to pay as it left me as a lovely horse. If they don't follow up their claim is there any way I can get the horse back at its present value, for the sake of the horse?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
At what stage are proceedings if any please?
Customer: replied 1 year ago.

I've batted back n forth with her solicitor. They were sticking with an unacceptable price. As I stated the horse left as a lovely horse not displaying any of the issues they claim. It was in fact a young novice riders horse. Her solicitor wrote back yesterday saying they would be going ahead with the claim. As they have said this will they have to be true to what they're saying or can they now drop the claim? If so will they let me know they're dropping it. If they carry it though how long will it take for me to receive something formal from a court?

Expert:  Ash replied 1 year ago.
How long ago was this you sold it? How much is being claimed?
Customer: replied 1 year ago.

She was sold 6 months ago. They're claiming for £2400 which was the sale price. I do have loads of supporting evidence such as video, letters from the riding club and the master of the local hunt and so on.

Expert:  Ash replied 1 year ago.
Ok. Was it sold as seen? Are you a dealer?
Customer: replied 1 year ago.

No I am a private seller, but i did use an agent who is a friend and made no money from the sale. I sold the horse as it was my daughters and she was away at school hence why I used a friend to help. Her solicitor is only perusing me. They say if they win the case then I will need to make my own claim against the agent. She spoke to the agent. Tried and bought the horse. At a later date she said she hadn't seen the sales ad and that it said would suit a confident young rider. My daughter was 13 and novice. Neither the agent or myself were aware that she had not read the sales ad. She said she was given the agents number by a friend who had seen the horse and thought it would be perfect for her. It is a novice horse but this was not mentioned in the ad as we wanted the horse to have a nice home doing a little more than pottering round lanes.

Expert:  Ash replied 1 year ago.
Ok. Well as long as you didn't misrepresent you are ok, if they do issue a claim against you then you can counter claim against the agent. The good thing is this would be a small claim and as such they can't claim legal costs against you.
But if you didn't misrepresent then there is no breach of contract, it's not your fault she didn't read the ad. She should have made suitable enquirers.
You are not liable. Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

I'm more interested in as they said they will take the claim to court does this mean they have too? how will I know if they decide not to take it too court? If they don't proceed is there anyway I can get the horse back as I am concerned for its welfare? If they do proceed I do have the help of a good barrister to help me, however I have not got him involved as of yet other than to ask a few questions as I know he has far more important issues to deal with and my horse is like crumbs in comparison.

Expert:  Ash replied 1 year ago.
No it's up to them whether they take it to court. You can't ask for the horse back unless you give a refund. You won't need a barrister as its a small claim and those costs are not recoverable.
Does that help?
Alex
L
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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Customer: replied 1 year ago.

Thank you that has been very helpful.

Marie

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

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