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Post by Gail&Merlin on Dec 26, 2007 22:41:19 GMT 1
Elsa was bought from a dealer and was sold as a competetive jumping pony and hack, they also knew jamielee wanted to do long distance hacks. We were told she was green but knew the basics to progress with.. As her lameness? doesnt seem to be going, weve had her 11 days now, after speaking to the dealer last week and asked to give her a few days to see if it sorted itself out, we are past that point now. So for those people out their with any experience wifh law and dealers, can you tell me where i stand, just to prepare myself for the worst case senario..
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laura
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going for a splash
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Post by laura on Dec 26, 2007 22:44:11 GMT 1
I am def no legal bod ...... but if she is lame she is not fit to hack or to jump ... me thinks you should get your money back
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Post by Teeni on Dec 26, 2007 22:44:17 GMT 1
You should have 14 days to return anyway.
If you have any problems which i really hope you don't Trading Standards etc would be a good start for help.
Sorry can't offer any more advice, but i am sure others can.
Good luck hun.
x x x
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shelley2
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Post by shelley2 on Dec 26, 2007 22:49:35 GMT 1
no expert but my hubby tells me that the 14 day return does not apply to livestock,sorry but hope you get sorted
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Vicky&Beenie
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"The wind of heaven is that which blows between a horse's ears..."
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Post by Vicky&Beenie on Dec 26, 2007 22:53:22 GMT 1
pm paddy1 she is amazin at that stuff. she is my godmother. she will have a good answer for you
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Post by sarahfox on Dec 26, 2007 22:55:28 GMT 1
no expert either,but unless a vet certifies her as lame I wouldnt think you are in a good position unfortunately.Dont know about the 14 day thing though. One thing that I do know is that whatever your rights it tends to be a seriously hard battle to get anywhere with these things unless you can just get the dealer to agree. I was sold a horse that had major physical and psychological problems when I was very young and didnt know better ( do we ever?!) and after seeing 3 other people sue this dealer and lose I decided not to bother.
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nuala
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Post by nuala on Dec 26, 2007 23:03:04 GMT 1
I'm not sure on the full story. Did the horse come lame or become lame at your property. Have you paid money for it? Did the dealer offer anything?
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xsamx
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Post by xsamx on Dec 26, 2007 23:04:38 GMT 1
Most dealers sell with a warranty that is normally 30 days and if the horse/pony isnt suitable they allow you to exchange it for another. We had a reciept for Alfie which clearly started he was sold unbroken from a field, i didnt have him vetted so i wouldnt ever of stood a chance of selling him back. It was a lie, he has been completely screwed with and dishes *very* slightly but i like him now so i have gone past caring about that. If they wont give you your money back on her they should at least swap her for something that does what they said Elsa would do. I would be tempted to have a 5 star vetting on her and then the vet certificate will prove if she is/isnt fit enough to be a competitive jumping pony as she was sold. If you attack them with trading standards, any resonable person would give you your money back before you even had a chance to contact them. Un-fortunately some will not budge, especially if they are anything like a certian dealer that pop straight into my head
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babycham
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Post by babycham on Dec 26, 2007 23:15:25 GMT 1
Hi Gail under the sales of goods act 1979 - she is not fit for the purpose which you bought her for!!!
I used to work for citizens advice- and if you quote the sales of goods act 1979, as a dealer she should be aware of this!
You need to send a letter ,recorded delivery, stating you intentions , re returning the horse, you can also claim back any money you have spent in order to show that you have tried to resolve this matter.You must send it recorded delivery, asking for a written reply, by returned post.
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babycham
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Post by babycham on Dec 26, 2007 23:16:35 GMT 1
Sale of Goods Act Sale of Goods Act and Supply of Goods and Services Act 1982 1. All transactions should be conducted within the terms of these Acts.
2. The goods should be:
of merchantable quality properly described fit for the purpose 3. If a customer insists on making a purchase against the member's advice he should be warned at the time of purchase that his rights under the Act might be limited. The retailer may refuse a sale on welfare grounds.
4. Full and clear information must be given upon request regarding goods, services and livestock.
5. All services provided must be undertaken with reasonable care and skill and, unless a specific time has been agreed beforehand, within a reasonable time.
6. The customer must be prepared to pay a reasonable charge.
7. A customer cannot query a price which has been agreed beforehand.
8. The Supply of Goods and Services Act 1952 does not apply in Scotland, but similar provisions exist under common law.
Pricing 9. Misleading price offers must not be used.
10. Discounts offered should be based on fair comparisons.
11. Any credit facilities offered must be clearly stated in writing. and members must abide by the terms of the Consumer Credit Act 1974. Members are reminded that a licence may be required.
Complaints 12. The member will make every effort to resolve any dispute between himself and the customer.
13. All staff must be suitably trained to deal with complaints, but should difficulties arise the matter should be referred to senior member of staff.
14. At all times the person dealing with the complaint should adopt a courteous manner, act with tact and handle the problem sympathetically. The problem should be settled speedily if at all possible.
15. If the complaint cannot be resolved the following procedures are available:
Local Advice Both the member and the customer have the right to contact the Trading Standards Department or the Citizens Advice Bureau. Conciliation Service If there is still no agreement OATA Ltd can be asked to offer a conciliation service. There is no charge for this service.
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babycham
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Post by babycham on Dec 26, 2007 23:21:20 GMT 1
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Post by sarahfox on Dec 26, 2007 23:24:41 GMT 1
brill advice from babycham who clearly knows far more about this than me,but just playing devils advocate here,what is it that makes her clearly not fit for the purpose /not as described? I would think that would be the major grey area? Certainly wouldnt hurt to draft a letter if necessary,but how likely would it be that you won such a case if the dealer fought you?
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Post by Gail&Merlin on Dec 26, 2007 23:51:17 GMT 1
thanks babycham, thats a great help, sarah i know what your saying, but after owning her for 11 days, i seriously doubt she would be able to compete jumping or do long distance rides if she is that uncomfortable in our own land..or am i wrong here..lol..i really wished she wasnt, as i am gutted that she isnt coming right, she is a real sweetie but her sweetness isnt going to get jamielee around a 3ft course or higher without hurting her i dont think.
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babycham
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Post by babycham on Dec 27, 2007 0:00:03 GMT 1
sarahfox- i guess its up to Gail, as to explain why she feels the mare is unsuitable for the purpose which she bought her, I also guess the other problem would be, that if the vet has cleared her as fit, she cant really go down the lines of health. Maybe she can state what she had bought the horse for, compared to its suitablity once she got it home.. eg if for a novice, but turned out dangerous. But not sure the grounds the horse was bought on or what was expected, and if explained to the dealer, her needs and the mare does not fit the needs then the mare is unfit for the purpose she was bought for.
I am also unsure what the agreement on the return was based on, as she has got her on a trial, but is the trial on the fitness of the mare,or the unsuitability. Its such a grey area, bit worth reading up on before she actually speaks to the dealer, remember they deal with complaints most days, and will use any excuse possible to get out or it..the nature of the buisness to them, and of course, some dealers will tell you that they will move heaven on earth if the horse is suitable, as they want your money, but afterwards, they forget that, and can get quite nasty!
I just hope she is a genuine dealer, and stands by her words!! x
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Post by sarahfox on Dec 27, 2007 0:02:13 GMT 1
seriously wish you all the best gail,what an unfortunate position to be in.Look forward to hearing good news once you have gotten hold of the dealer.
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