Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hi
I'm assuming you have had problems with a horse you bought from a horse dealer. What is the problem with the horse? Where did you buy the horse as it may be a notorious one?
The normal route is to notify Trading Standards to have a horse dealer investigated and prosecuted. They may also have had similar complaints about the same dealer.
I probably shouldn't name the dealer on here (defamation!) but I bought a pony for my son (11) and it is not fit for purpose or as described under sale of goods act. Dealer has ignored my requests to reject and my letters as have the credit card company. So it looks like I can either - go to small claims (but nothing in writing) or sell pony for market value and try and recover the loss plus expenses of keeping pony. I'm not sure of the best option. Trading standards weren't particularly helpful - it may take months to get to court and in the meantime I'm paying for the keep of the pony
Hi Poppynurse
Is the pony particularly dangerous or is it just that he doesn't do what you bought him for? Do you have anything in writing when you bought the pony ie dealers description of the pony etc?
I bought him - and clearly stated, that I wanted a pony for a novice child - this pony naps and rears so is not suitable for any child, but sadly nothing in writing....
I specified pony was for novice child to ride so he is not fir for purpose
yes son rode him, but only once in the school. It's not his back, saddle or teeth. I have spoken to a girl who worked for the dealer and she says he was nappy before we got him. At the end of the day I bought a childs pony and that is not what I've got.
Ok, because you bought your pony from a dealer you probably have more chance of your getting your money back. Hope the following helps.
As you have tried to contact the dealer without success, the next step is to write a "Letter of Claim" to the dealer. This is a formal letter to the dealer setting out your claim against him, written as a forerunner to taking court action. This letter, which should be headed "Letter of Claim", should cover the following points:
(i) full details of the history of the sale: what the advert said, the date of sale, price paid, what the dealer told you about the horse
(ii) what happened after the sale: If you have had a vet assess the problem, explain this, and what they concluded;
(iii) state that, in light of the problem, the horse is not of satisfactory quality nor fit for purpose and that the dealer is therefore in breach of the sale of goods legislation;
(iv) state that he is also obliged to refund your money in accordance with the promise which he gave at the time of sale;
(v) state that if he does not refund the purchase price and collect the horse you will have no choice but to issue court proceedings against him, and that if you do that, you will be claiming not only for the purchase price of the horse, but also all costs which you have incurred as a result of the sale (e.g. livery, vet bills, shoeing);
(vi) ask for prompt acknowledgment of the letter, followed by a full response within two weeks;
(vii) include your full contact details so the dealer knows where to contact you.
Send this letter by some guaranteed method, such as Recorded Delivery, to ensure that the dealer receives it. Alternatively, you could deliver it by hand to the premises where you viewed the horse if convenient. If you have an email address for the dealer, send him a copy of the letter via email in addition to the hard copy. Make sure you keep a copy of the letter for your own records and a note of any telephone conversations you have with the dealer.
If the Letter of Claim does not resolve things, your only option is to issue court proceedings. If the amount you are claiming is £5,000 or less, the court is likely to deal with your claim as a "small claim". The procedure for small claims is less formal than for other claims and the parties are generally not represented by lawyers. Comprehensive guidance on how to go about issuing a claim can be found on the Court Service website: http://www.hmcourts-service.gov.uk/infoabout/claims/index.htm. Your local county court will also be able to provide court forms and guidance leaflets.
Please note that you must pay a fee to issue a court claim. This fee will be between £30 and £120 for claims of £5,000 and under, depending on the precise value. In addition, you will need the dealer's residential or business address, including postcode, to proceed with a court claim.
Hope this helps. Good Luck. Let me know how you get on.
I have actually already sent recorded delivery letters x 2 and been ignored
Would it be legal to sell the pony to another dealer and sue them for any loss plus expenses if I give them say ten days to respond and refund first? I ask because I am paying to keep the pony at livery plus shoes etc. It could be months before this comes to court and it is going to cost me potentially hundreds of pounds on a pony that I rejected weeks ago.
Hi
I honestly don't know how you would get on if you sold the pony on. I don't know how long you've had the pony but as you would no longer have it and would only be claiming expenses etc as you said this may take some time to get to court plus the cost of court fees etc - even if the court ruled in your favour, would it be worth it?
I know how you must be feeling at the moment, I too have been in a similar position after buying my daughter a new horse a couple of years ago which turned out to have behavioral issues and also had a 'false' passport, it is very frustrating. Trading standards took up our case as they had had umpteen complaints regarding the same dealer - he was taken to court (several times) and was finally charged but no one ever got their money back (he is still trading).
I think dodgy dealers should be made much more accountable but sadly there are thousands of people like yourself - most end up selling the horse on (with an accurate description) and wise up for the next time ie make sure you view the horse/pony several times and make sure you do everthing you would do with the animal at home ie school, hack, groom, turnout, feed etc.
You have been particularly unfortunate as in the pony's behaviour ie rearing is so extreme and dangerous. Whichever route you take I hope the pony ends up with someone who can reschool him rather than with another unsuspecting child.
Please keep me posted with what you find out and decide to do. It is a subject I'm particularly interested in. If I do find any info which with regards to how you stand if you sold the pony on, I will let you know.
Good Luck.
they appear to be ignoring me too though! I did find various email addys for folk at MBNA so have sent copies of my letters via email - hopefully will elicit a response!
Quick update - the email addys I found on this site are fab! MBNA have just rung me and are going to ring the dealer...........progress at last! Hopefully they will agree to take pony back if the CC co ask them......or perhaps it won't make a bit of difference - fingres crossed it will.
All sorted!!!! Pony has gone back and CC co have credited my account - although it was a long drawn out process MBNA section 75 team got there in the end. Thanks for all your support!!
All sorted!!!! Pony has gone back and CC co have credited my account - although it was a long drawn out process MBNA section 75 team got there in the end. Thanks for all your support!!
hi,can anyone help, my friend had to make a decision to sell her horse as she was having family problems,she phoned a horse dealer in high halden kent who advertises in wilden advertiser he told her he would come & pick her up & sell her for £2500, he came & picked her up with her tack & she gave him no writen contract after 2weeks he told her the bottom had droped out of the market & the horse had problems (which is not true as i trained her & know the horse very well & she is a good horse) so she said ok she'l have the horse back in which he refused & bullied her into accepting £1200 for her & said he would have the money next week this went on for 5 weeks he then gave her a cheque for £1000 & said the rest he would have next week & signed to say the horse remains the property of hers untill full payment is made & it must be made by the 7 of september 2008, he has not paid it so far also he say her tack has been stolen & he says he will give her £150 for the saddle which he has'nt, she would rather have the horse back now as she now knows she is being ripped off
Dodgy horse dealers
The Consumer Forums
Reply With Quote
Originally Posted by S J
