horse law advice..anyone

you can not go on a forum and shout off, as yes it is classes as slander, BUT if you create a blog and just give the addy to people or say for example a link in your siggie, then its allowed, as your not directley going public naming and shaming!

i dont it when i had to remove my horse from a fellow nr rider member, for neglect, i couldnt shout who she was but could create a blog and give suttle clues.
 
Cheers Kay2, editing done but if someone asks me who the dealer is i'm gonna tell them, my lawyer and trading standards are confident that the situation will be sorted,lawyer phoned me this morning. ''I bought a horse that does not fit my needs and under the trade description act, the dealer is legally obligated to refund my money. ''
 
have a google of the name telephone numbers and address, all you need to do to prove they are traders is find 6 adverts,
 
Jaydevon, they have a website selling many horses with an online form to fill in to find your perfect horse and sell on freeads all the time, theres no disputing they are traders. Turns out that Trading standards have dealt with them before too.
I can't understand why she would want the hassle of legal stuff,it could affect her business,surely it's easier for her to refund my money,take back the horse and resell it.All she would need to do is find a home for him where he wouldn't be hacking out alone or a new owner that was able to work with him and his confidence while hacking alone. Then at least i could promote her as a good dealer even although things didn't work out for me.

I own a business and if a customer isn't happy I instantly sort the matter out,just word of mouth by a disgruntled customer can cause problems but to allow things to go down the legal route is a huge risk.
I'm a bit baffled by the dealers lack of concern.......
 
So sorry to hear this...can`t be any help at all....but this makes me soo mad:mad::mad:
Not much reassurance, i know, and no help at all in your current situation, but as my godmother always taught me....... what comes around.........:)
See my sig
One thing you can always give and keep is your word.....shame we don`t all follow this :)
 
Hiya....me again.
Mine also has a website with horses for sale and personal comments but is still claiming not to be a dealer. :eek:

This all also comes under the Sale of Goods Act.....plus Trading Stds.

My situation has now been going on for well over 2 yrs and my legal bill and expenses are now 3 times what I origionally paid....so this is not an easy option and basically its the lawyers who do well out of it.....I just got another bill in on Monday which I am so fed up about, for £3.5k, and we still haven't reached the point of getting to court...nothing but hearings at the mo. And btw, we are not rich and just have to keep adding it to our mortgage....so think very carefully before you decide to go to court.....having said that it quickly becomes about people not getting away with treating someone like this....although I will definately be relieved if we do win and get the £ back!!
 
Tell ya what Misstattoo.....when we both win our cases lets agree to having a fieldday on here posting all the facts!!! Something to look forward to!
 
Threaten them with the small claims court. Dealers rely on their reputation for business, so this should do the trick ... but good luck and don't give up!

x
 
CurlyWurlyRach said:
how dreadful for you :( Im in my first year of a law degree and one of my eventual life goals is to help people in your situation.
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Hi hun i dont know if you can help me, i have had the ame thing happen but 2 yrs ago, i kept him and have had him on part loan, i brought him for my daughter, it has come to the stage that i moved fields for cheaper rent, its with a not nice person, he has stole my hay and cause i complained he is trying to move me on, he has now put my horse in a stable knowing there is no food for him there, even though i take a feed 1 a day, can he do this and does he have the right to turn my horse out, your advise would be extremely helpful thanks.
 
misstattoo said:
Just wondering if anyone has gone through the nightmare process of trying to get a dealer to refund/take back an unsuitable horse?

I purchased a gelding that was meant to be suitable for nervous/novice rider,that was calm and sensible and confidence giving hack.but that wasn't the case..the dealer told me if he didn't work out she would take him back. However she has gone back on her word.I have since found out that she was selling horses with fake passports.(my boy is ok) And that she has little knowledge about the riding side of horses,Basically she just takes the money.She saw me coming and made a fool out of me.
I have tried to sort things out without going down the legal route,she said her business was not about taking horses back. I was adviced to contact a lawyer and trading stantards.
Trading standards have been down,i had to give statements and printed off all emails she had sent and they suggested taking her to court and so i got a lawyer he has sent her letters but she has ignored them,twice.

I just wondered if there is light at the end of the tunnel,my dream of hacking over the fields with my best mate(horse) has become a bit of a miserable experience, I have a horse i can't ride and he has an owner that's too chicken to ride him.
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Unfortunately, unless you have the terms and agreements of the sale written down and signed, I think there is very little you can do.
I bought a filly back in march - I had a written and signed agreement declaring the terms of the sale. It had in it that the filly was to be halter broken,have her hooves clipped, come with a passport and be in reasonable condition upon arrival. This wasnt the case - she had not been touched, travelled from cumbria to retford in a sheep trailor which she could barely stand in, her hooves were grossly over grown, she was underwieght and had a big gash right over her eye. She also didnt have a passport as it was being processed.
I said I wasnt going to accept her in that state, and I certainly wasnt going to pay the agreed price as they had violated ALL terms. Unfortunately, they were bolshy people, and I didnt want to send her on another 5 hour trip in a sheep trailor after having got her out and into a stable - it just wouldnt have been ethical. I didnt have a leg to stand on even with the signed agreement because Id accepted the horse, and I'd paid cash in hand upon her arrival (only way to calm her previous owners down.). The passport arrived near 8 weeks late, and had many details wrong. Fortunately there were enough similarities to confirm it was the same horse, and the vet did me a new one. I think it is illegal to travel without a passprt though, isnt it???

Id seek legal advice just incase....but I dont think there is anything you can do unfortunately. Im sorry about your situation though. hope everything turns out for the best in the end :)
 
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Hiya Ashlea...sorry to disagree with ya cos you're my pal but.....it is illegal under the Sale of Goods Act to sell an unsuitable "product" and then refuse to repair, replace or refund. This should be done within 21 days of the "problem" arising.

If the dealer/agent does not find a replacement to the buyers satisfaction and to their own satisfaction as the seller then they should refund all money originally paid.

This applies to dealers of horses and also those who sell horses as an agent. It does not apply to a private seller of a horse. Think misstattoo is doing everything right by getting legal advice but the court route is stressful and expensive and verrrryyyy drawn out.....see my post just above!
 
charlie 2 said:
Hi hun i dont know if you can help me, i have had the ame thing happen but 2 yrs ago, i kept him and have had him on part loan, i brought him for my daughter, it has come to the stage that i moved fields for cheaper rent, its with a not nice person, he has stole my hay and cause i complained he is trying to move me on, he has now put my horse in a stable knowing there is no food for him there, even though i take a feed 1 a day, can he do this and does he have the right to turn my horse out, your advise would be extremely helpful thanks.
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A first year law student really isn't going to be much use to you.

Go to the CAB for some free legal advice.

Or even easier still, move fields.
 
Ashlea-Just to add to Kay2's reply, Scottish law and English law are different in that a verbal agreement is legally binding in Scotland and if you have a witness to that agreement it's even better.
 
Kay2 said:
Hiya Ashlea...sorry to disagree with ya cos you're my pal but.....it is illegal under the Sale of Goods Act to sell an unsuitable "product" and then refuse to repair, replace or refund. This should be done within 21 days of the "problem" arising.

If the dealer/agent does not find a replacement to the buyers satisfaction and to their own satisfaction as the seller then they should refund all money originally paid.

This applies to dealers of horses and also those who sell horses as an agent. It does not apply to a private seller of a horse. Think misstattoo is doing everything right by getting legal advice but the court route is stressful and expensive and verrrryyyy drawn out.....see my post just above!
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WOW! I sooo wish I knew that at the time! Would I have had to give the filly back though? Or could I have just got her price knocked down to a more "adequate" value?
Im glad I have the filly now though - shes a real sweetheart! Could have done with some money off though! Cost me a fortune in vets trying to fix her, and passport fixing, and hooves trimming etc!
I really wanted the filly though - I guess you put up with all sorts of crap to get what you want....If It turned out that she had some sort of life threatenning ailment, or something, maybe I would have tried to take things further...cab said that it was unlikely I could do anything though...
I really need to brush up on my rights!!
 
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Kay2 said:
Hiya, really sorry to hear that....it is an expensive and stressful route to take.

I would be kinda careful about what you post at the moment in terms of warnings until after you get a decision in court. I wanted to do exactly what you have just done months ago but my lawyer and an equine court specialist on the expert witness list said I could be done for slander.

I was soooo tempted to warn people against dealing with my dealer and I also wanted to get info from anyone who had dealt with them previously but was advised I couldn't do that directly either.

What I was told I could do is....if I win the court case I can legally come onto forums like this and quote the facts from the actual court hearing and advise people of the outcome of the court case and the dealer would have no power to stop me so long as I didn't say anything outwith the facts as found in court!

I really want to warn people bout my dealer cos I trusted them simply because they take lessons for several riding clubs and I'm sure other people like me would therefore assume they are a reputable dealer.....but at the mo my hands are tied!

Keep me posted and if you need the no. for the expert witness PM me....a quick 10min consultation over the phone is free.....and that is prob all you would need to give you an idea of how you stand.
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If you write 'in my opinion' in your post, you can pretty much get away with anything, as no-one can tell you your opinion. It's a legal loophole. Funny, I just deleted a sentence from a post yesterday because someone whinged at me despite it having IMO on it. Be very careful what you say, as no matter how blatantly unfairly you've been treated, there's always someone watching what you write and it's physical evidence if it's written! Hope you get a good result.
 
Thank you Cinammontoast.....I really hope we do too. If I lose I know Im going to struggle to pay their legal fees cos is hard enough paying mine at the mo.....never mind how upset I'll be that someone can be allowed to do this....but need to keep positive!!
 
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