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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi I bought a horse through a dealer who was selling the horse

Customer Question

Hi I bought a horse through a dealer who was selling the horse for a client she was the agent and comes under small business , I also had a horse I wanted to part exchange which she was happy to do,
First things I explained that I had had a bad accident coming off my previous horse and needed one that was very placid as I had lost my confidence somewhat,I told her I wanted to do low level dressage, so needed to be happy being in a schooling situation, hacking out,
Because from the yard I am on is straight onto a main road,and that the horse was happy in open spaces ie fields beach etc,I asked that the horse I bought would be suitable for an older rider I'm 68 and explained and showed her that I had arthritic hands so didn't want a sensitive mouthed horse,she was advertised as an all round confidence giver,and that she was excellent being schooled also hacking out and in open spaces,I rode her twice and she did appear to be fine I asked if I could speak to the actual owner and I did,she assured me she was safe in every way on this with the assurance of the dealer and owner I purchased the horse the dealer asked for a deposit to be paid into her account and took my horse in part exchange,after giving the horse time to settle in and get some tack to fit her took about 10 days then I got on her she was going out to grass for around 6hrs a day, she certainly didn't seem to be the horse I rode before she was spooky put it down to new environment this was in an indoor school, she was the same only more so in outdoor paddock,and I came off,I took hr for a gentle walk round the field and she was spooky again and whipped around and I came off her again luckily no injuries just an odd bruise,as I said earlier I needed a safe horse as I had had a bad fall and had 3fractures,I eventually got back to the dealer told her what had been happening and she s just trying to pass me to the person she was selling the horse for, I said she was the agent responsible for the sale and said I paid money into her account and she had taken my horse also I paid £3500 into owners bank and £350 into dealers plus the £1500 she was allowing for my horse which was the asking price £5000 she said she could do it cheaper if she had not been doing part exchange,I bought her on the 1st July after taking advise from a riding instructor she said I was over horses plus it was an accident waiting to happen,this includes leading her in hand she uses her weight to knock me about,she is sweet and good natured in her stable, I'm not riding her anymore because I'm afraid of another accident,
Please can you advise me what I can do next the dealer never answers my calls always gets back on messenger or through facebook.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : have you simply changed your mind please?
Customer: I have changed my mind about the horse because she poses a danger threat to me,
Alex Watts : Ok. What date did you buy it? Did it come with any form of return guarantee like Argos offers etc?
Customer: I bought her on the 1 st July she gave me no warranty, when I got back to her she said if it was one of her horses she had sold she would have given 28days warranty, but because she was the agent she did not, I understand that every seller from a business is responsible for the sale as she gets a fee for the sale!
Alex Watts : Ok. So you accept it did not come with a warranty for return. When did you say you had changed your mind please?
Alex Watts : i am on the train so on and offline it may appear
Customer: I got in tough with the agent 8th august as I explained I had to get tack to fit so it was about 10days before I started to ride her,within 2weeks it was obvious she was not what I thought I had bought.
Alex Watts : Thank you. So all in all it was around one month and a week?
Alex Watts : Was the horse described wrong at all?
Customer: I have never bought from a dealer before so never knew there was such a thing
Customer: She was advertised as a all round conference giver, also she is not the breed she advertised.
Alex Watts : But was anything misleading on the advert?
Alex Watts : Was there anything on there that made you buy it that was false. Or they knew was false?
Alex Watts : I assume the breed though, when you turned up you knew that was different before you purchased?
Customer: Yes she was advertised as an all Lund confidence giver she has certainly knocked my confidence,I'm not very well up in breeds so accepted what she said, when vetted vet put connamara cross ,on her passport she was Irish draught totally different.
Customer: That should read all round confidence giver.
Alex Watts : Ok. It's a hard one this. When you are buying second hand there is a motto called buyer be aware.
Alex Watts : I think you are also in difficulty because you have waited so long and changed your mind.
Alex Watts : The purchase was 1 July. If you had said on 3rd July there was a problem then it may have been ok.
Alex Watts : But you waited until 8th August.
Alex Watts : Even if this had been a new item at say Argos they only allow a 28 days exchange on new items. This has been over 5 weeks.
Alex Watts : However saying that if it was not as described you might be entitled to make a claim.
Alex Watts : But the delay does you no favours at all
Alex Watts : 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.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
Alex Watts : 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.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer: There is no way you can judge in so short a time how the horse is going to be,and as I explained I had not got the tack to ride the horse for around 10days, plus she is in strange surroundings so they need time to settle in before the ire character starts to show,if I had got back in a few days she would just have said give her time to settle and that is what I did,she should have been advertised as an Irish sports horse which I am told need lots of work to keep on top of them,what I wanted was some dressage which entails schooling at low level and mostly a pleasure horse for hacking out in safety I would not dare to take her out on the road it was bad enough in the field.
Alex Watts : Ok. You have the option to take the matter to court. But I am just making you aware that delay is against you.
Alex Watts : But you may have a claim if the horse has been advertised wrong or false details intending to mislead you.
Alex Watts : Can I clarify anything else for you?
Customer: No I don't think it's worth anymore discussion thankyou.
Alex Watts : You have rated bad service, but I have told you the legal steps you need to follow?
Alex Watts : I have also given you the forms and website to issue claim?
Alex Watts : all I have done is told you that you face a difficulty with a 5 week delay
Alex Watts : I even said you may have a claim if the description was misleading?
Customer: I feel I have not been told anything of help or that would be helpful to me, re agent for sale not wanting to get involved passing me to previous owner who had actually given the dealer the responsibility to sell, I did ask if she would discuss this with me face to face at the beginning and if she would take her back and find me another horse more suitable for me.
Alex Watts : You didn't want to know how to issue proceedings or seek a refund?
Alex Watts : But if you are going to issue proceedings you can make the agent as first defendant and seller as second defendant.
Alex Watts : you can also sue for loss and damage caused.
Alex Watts : If you want to claim compenstion for mis selling you can. But any compensation would be less than £50,000
Alex Watts : Is there anything else I can do to help you or answer your question ?
Alex Watts : So you can't claim more than £50,000 compesmation for the distress caused.
Customer: I wouldn't want more than that I would be happy with a refund of the £5000 paid for the horse or a replacement as I said but she is not willing to do either.
Alex Watts : Ok. That is fine I underatand that, can you see what I have said above about how to issue proceedings to get your money bad or would you like me to repeat it for you?
Alex Watts : & back &
Alex Watts : You have rated poor and I am really trying t help you solve the problem. But I do not know what else you need to know of me?
Alex Watts : you said you want your money back and I have described the process of how to do that
Alex Watts : What else do you want to know?
Alex Watts :

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Alex Watts :

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