I Won at Court Today!

[poppynurse]

How long did you wait before letting them know there was a problem?

 

When did you get the passport - they told you he was 7 but when did you discover he was five? Would you have bought him if you had known he was 5? (misdescribed).

[Bailey9]

poppynurse - The pony was not himself from day one. I gave him time to settle as I know it takes some horses alot longer than others. But different things were showing each day which un nerved my daughter:-

 

If he was in the stable waiting to be tacked up and another horse passed to either be exercised or taken out he would rear over the door.

 

He would only be ridden in the bottom half of the arena, or he would go in a paddy.

 

He would constantly shout when in the arena either when ridden or lunged. He looked very insecure.

 

He couldn't be ridden out. I rode him out and he was terrible and on returning hime he was like a coiled spring waiting to explode. No way could a child have dealt with that behaviour.

 

I tried walking him out in hand and he is just as bad.

 

There is a catalogue of his behaviour but I tried to give him time to settle and I don't think 2months is a long time. I think if I'd phoned them they would have blamed me for something as this is what they are like.

 

Yes they did tell me he was 7 and your right. There is no way I would have bought a 5 year old and if she had said green that would have put me off too. I received his passport when I had paid and the pony was loaded in the trailer, the man ran back to the house to get it before I drove off.

[missmoneypenny1]

If you pusue this with the riding school you have to accept this could go on for a while, although you have a very strong case and I am certain you would win, however they are challenging you take matters further which in order to get anything more than what they have offered you would have to do.

 

In my opionion it would cost you a lot of money in livery for the pony whist this dispute is ongoing. I would not sell back to the riding school out of principle as they will just sell it on again and make even more money out of somebody. Also if the pony is only worth 1700 pounds now then that just proves he wasnt worth 3 grand when you bought him, they clearly knew he needed schooling work.

 

I would be inclined to put a honest advert out and i am sure you will find somebody suitable, this is what i did with my horse that started to bolt and rear straight up.

 

Have you maybe thought about loaning him out to somebody who would like to school him as a hobby? they would pay livery fees or half fees and you would be getting help to school him, there are lots of people that would do this. how many hands is the pony?

 

try and put an ad on horsemart on the internet and see what interest you get, you may be surprised.

[poppynurse]

I'm think you're wrong miss moneypenny - the fact that two months had passed before a concern was raised in respect of his behaviour leaves the riding school the get out that Bailey9 has handled him wrongly and caused this behaviour change, they will say had you been that concerned you would have contacted them within the first week or so. Likewise with the age issue - if you had the passport the day you took him home, you could have rejected him on grounds of misdescription due to his age, they will argue that you kept him despite knowing.

You could carry on and go to court but I think it will be difficult to prove the behaviour issue, again they will argue that you tried him four times before buying.

I suppose you have to decide if it is worth keeping him for a few months whilst you go through the court process, if you are happy to take a chance on winning go ahead, if not get him advertised and put it down to bad luck. Has this riding school got a good reputation?

[Bailey9]

Don't know if you remember the post about the horse wrongly described last September. Well, the dealer is contesting so we're off to small claims court, just awaiting the date to come through.

[freakyleaky]

Keep us updated Bailey!

[Bailey9]

I started a thread last year under the title of 'Horse not as described' and I'm at small claims court on Wed 27th. I asked for a confidence giver for my daughter and the pony I brought home was anything but that, resulting in my daughter having a nasty accident.

 

I have never attended court before and would like to know what to expect.

 

Thank you

[Michael Browne]

There is general guidance Here:

Court Guidance Notes

http://www.consumeractiongroup.c o....uidance-notes/

[poppynurse]

I remember the thread, please let us know how it goes. Good luck.

[Bailey9]

Thanks for that information Michael, its very helpful and it has made me a bit nervous.

 

I remember your input poppynurse:) Thanks for the good wishes, I hope it goes well and I'll let you know.

 

Any last minute advice would be grateful xx

[Bailey9]

As per my thread from last year 'Horse not as Described', I took the dealers to small claims court today and I won.

 

I can't tell you how relieved I am it over, and I thank god my daughter wasn't paralysied with her injuries.

 

I'd like to thank everyone that helped me with their comments and Michael for giving me the details of what to expect from court, I was all prepared with my files and copies.

 

The horse originally cost me £2750.00 and I am getting a full refund plus livery and farrier charges from my second letter which amounts to £3500.00.

 

They are paying in installments as they have not got the money.

 

Thank you again for all your support xx

[Lula]

Congratulations Bailey !!

[hughes690]

CONGRATULATIONS!

 

Good on ya!

 

[tiglet]

Well done.

[GreatWonder]

Well done!!

 

[Guest wino]

Congratulations now you can get on with the rest of your life without this hovering over you

[Caz1974]

Congratulations and well done!!

[poppynurse]

Congratulations!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Hope this experience has not put your lass off riding

[saintly_1]

Congratulations

[Bookworm]

4 threads merged to keep the story all in one place.

 

Congratulations, well done for sticking to your guns.

[Bailey9]

Thank you everyone.

 

I've arranged for the vet to come and look at the pony. I'd like him to check over the pony and write down on paper that the pony is in full health.

 

I think I'd better do that before the pony is returned just incase they decide to pull a fast one. Hopefully pony will be returned on Sunday, I will take someone with me as I they are not pleased at the moment.

[Weird Al Yankovic]

Well done.

 

It is always good to see a wrong become a right.

You should be proud of yourself.