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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46805
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I purchased a horse from a dealer (Ltd company) for £10000.

Customer Question

Hi I purchased a horse from a dealer (Ltd company) for £10000. After 5 days of the horse misbehaving I informed the dealer I wished to return the horse as it was not as described. He agreed to give me a full refund & paid for the horse to be transported back to him. However after over 10 weeks he has not paid me. I have sent a letter giving him 7 days in which to pay me but this time has passed & I have heard nothing.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello so I presume he has the horse now? Also how did you pay for it? Finally did you buy it as a private buyer?
Customer: replied 1 year ago.
For Ben Jones
Yes he has the horse in his possession. He told me if I want it back he wants another £10000 on top! Paid by Direct bank transfer & purchased as private buyer
Expert:  Ben Jones replied 1 year ago.
has he said why he wants anther £10k on top?
Customer: replied 1 year ago.
Because it's level of training & performance has improved. However I want my money back as opposed to the horse...it's just he has both my money & the horse in his possession & is refusing to pay me
Expert:  Ben Jones replied 1 year ago.
Of course he should not have the horse and your money. As a private buyer you would have had protection under the Consumer Rights Act 2015 and if the horse was not as described, fit for purpose or of satisfactory quality, you could have returned it within the first 30 days after purchase for a refund. You exercised your rights and the seller accepted the horse back and that should have automatically triggered a refund. If he is refusing to issue one now he is acting both in breach of contract and in contravention of the consumer legislation mentioned above. If he is refusing to refund you, your only option is to consider the small claims court route. You cannot get a y protection from your bank as you paid by bank transfer. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to take this matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46805
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Have just received an email from his solicitor asking for an extension until 23 Feb & saying their client disputes the amount claimed
Customer: replied 1 year ago.
This was the original letter sent.
Expert:  Ben Jones replied 1 year ago.
I see you have covered everything you need in the letter which is great. I am not sure why the owner disputes the amount because you returned the horse, so it is not like there were parts missing or it was in much worse condition than when he sold it. Giving him a week to see exactly what they are disputing won't affect your rights so you may do so, but if they continue messing around after that you could just proceed with issuing the claim as discussed.
Customer: replied 1 year ago.
This is their response attached from their solicitor - below is our response.Thank you for your email dated 16 Feb.
Although this matter has been ongoing since 5th December 2015 when the horse was returned to your client I confirm I am willing to extend the deadline to 23rd February before I start small claims court proceedings.
If you note from my letter of 8th Feb bankruptcy proceedings will only be instituted in the event of suitable funds not being available to repay me.As Mr Williams is well aware I purchased this horse solely for my own purpose & as a private buyer I exercised my legal right to return the horse to him under the Consumer Rights Act 2015. Mr Williams accepted the horse back which should have triggered an automatic refund. He is now acting in breach of contract & in contravention of the Consumer Rights Act .I confirm I have no issue with your instruction in this matter.
With reference to any derogatory & potentially defamatory postings on Facebook regarding your client, at no time has Mr Williams or his business been named either directly or by any insinuation.
Yours Sincerely
***** *****
Expert:  Ben Jones replied 1 year ago.
absolutely fine, let's see what they come back with as to why they dispute the amount.
Customer: replied 1 year ago.
Thank you very much...may I contact you again when I hear back?
Expert:  Ben Jones replied 1 year ago.
Yes of course, you can start your quesiton for my attention and it will get to me
Customer: replied 1 year ago.
Thank you much appreciated
Expert:  Ben Jones replied 1 year ago.
No problem, all the best for now
Customer: replied 1 year ago.
Hi Ben - we have had a reply. What's best to do next? Many thanks
Expert:  Ben Jones replied 1 year ago.
So they are basically offering you the £10k - are you willing to accept it on the terms mentioned?

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