Balance owing on pony I sold

Jeni

Jeni

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Dec 29, 2018
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Hi, I sold my pony through a friend to a lady who had bought horses from my friend before. She paid a deposit and said would pay the balance owing the following week. She didn't pay. She then said that she needed to sell one of her horses to be able to pay the balance owing on mine. As she told this to my friend and not me, I didn't agree it and asked for payment ASAP. I have kept my pony's passport until full payment is received. The buyer then said for my friend to pay me as the buyer had bought another horse from her but hasn't yet collected it. Are these 2 separate 'contracts' because they are for 2 different horses and who should I be chasing the money from? I am extremely angry that I have no pony and no money!
 
Call the legal team your horse insurance policy includes or get one of those free consultations, that sounds like a very complicated situation that could easily get messy quickly.
 
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Jessey said:
Call the legal team your horse insurance policy includes or get one of those free consultations, that sounds like a very complicated situation that could easily get messy quickly.
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Thank you, I will do that
 
she's buying from you, has paid a deposit, she owes you the balance, any of her other arrangements are not your concern. Your contract is with her, either she pays up or you go collect the horse and keep the deposit. Sounds a rubbish home anyway. what your friend does with her in terms of her horses is their business not yours, you did not sell her the horse subject to her selling buying or dancing on the moon. what paperwork did you supply to her, keeping the passport doesn't help much, it's dead easy to get another passport, ask the Irish.
 
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I would get some legal advice too. I would hold on to the passport until the money is in your hands. Although it's very easy for people to get a new passport for a horse these days.
I would have thought you should be chasing the buyer. It sounds a bit funny.
 
If you sold the pony through the friend, then it could be argued your friend is acting as a dealer. Therefore there are 2 contracts working here. One between the friend (or dealer) who sold the horse to this lady, and one between you and the friend. It depends on who the buyer dealt with when agreeing the sale and the terms of payment. Was this you or your friend? Who did the buyer think she was buying the pony from?

Do you have any kind of written contract or receipt of payment between any of you? Or has it all be done on word of mouth?

Personally I would call the buyer directly to see if you can work out a solution which suits you all. If you can’t, I would return the deposit and take back the pony.
 
Retaining the passport does nothing for you in terms of proof of ownership and doesn't put you in any better position but I believe does mean you are breaking a law in terms of forcing the new owner to transport and have a horse without a passport. Even if you put a horse out on loan the passport should go with the horses, it's not proof of ownership just an identity document.

It very easy to get another passport, I passported Hank at the end of 2016, he was rescued in 2013 and I'd just never got him done and not sure if he'd had one before but didn't have a chip. They didn't even ask much, just issued him a 'replacement' because of his age, I had it in a week.
 
I found that Sasa had a Belgian passport when I bought her from a dealer in South East but she originally had a French one which I tracked down from her sire number. I would go and get the pony back before it disappears. I had the weirdest thing happen when I bought Buddy, they were going to come to check the place out and we arranged the night, they were very late, I thought they were pulling out and it was falling through, but no, they just brought him. I had to make up a stable for him and send payment by bacs next day, then they couldn't find his passport so he had to be redone! We got a duplicate of his original one by total fluke.
 
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