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Viewed a pony thats perfect but owner changed mind after 5* vetting done
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Sierraspider · 23/04/2015 11:12

We have been on the search for a pony/ horse for a while now and we viewed a lovely connemara that was perfect in every way. We tried her 3 times to be sure she was our forever friend, and she passed a 5 vetting which I paid for. Ide told my nearly 4 year old we were picking said pony up next week and paid a £350 cash deposit. I've just had a text from the ponies owner saying she's sorry but she has changed her mind as she thought there was something wrong with the ponies back (wtaf???!! Wasn't mentioned before or in the advert!) And because shed passed the 5 vetting shes decided to keep her. She said she will have to give me the deposit back next month as she doesn't have it anymore Angry. I know there's nothing I can legally do about her changing her mind but what about my deposit? I'm majorly pissed off to say the least and now have to tell my daughter we wont be getting the pony. I also feel used - I feel like the owner used me to pay for a vetting knowing full well she would change her mind if the vetting came back 100%. I just need vent. Has anyone got any advice? The owner is a private seller and not a dealer.

I know there's nothing I can do but I'm so annoyed and need to vent.

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AuntieDee · 23/04/2015 13:10

You are within your rights to ask for the cost of the vetting too. Small claims court costs £30 and you can do the initial part online. You should get all your money back if you take that route x

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Southamerica · 23/04/2015 13:12

I would threaten her with the small claims court too, that's outrageous and so upsetting Sad. Buying and selling horses is an absolute nightmare.

Trouble is with the small claims court is that even if you win the hard part is actually getting any money back.

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SunnyBaudelaire · 23/04/2015 13:12

I would also consider the small claims court. so she was happy to sell you the pony and take your money while she thought there was something wrong with the pony's back?
Cheeky biatch.

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SunnyBaudelaire · 23/04/2015 13:14

but try and look on this positively once you have your deposit money back - perhaps it would not have been the right pony at all.

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Sierraspider · 23/04/2015 13:24

Thank you for replies. I've tried ringing her but shes not answering my calls. My little girl is really upset too and doesn't understand. I am right in thinking she used me for the vetting aren't I? If any of you know it was a lot of money for a full vetting to be done too. And yes she was happy to sell her to me when she thought she might have a bad back!!!! She knew she was mainly for daughter too.Angry

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SunnyBaudelaire · 23/04/2015 13:25

total shyster IMO.
I do hope you find a nice pony soon
x

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AuntieDee · 23/04/2015 14:18

Small claims is a guarantee that you will get the money back. If she defaults you can push for a CCJ and force bankruptcy. She won't want that so send a strongly worded letter special delivery signed for stating that you are going to take her to small claims court unless she pays you back the deposit and purchases the vetting certificate (you can buy a vetting certificate off someone)

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Sierraspider · 23/04/2015 15:32

Ok ive talked to citizens advice and they said because I stupidly didnt get a receipt for the deposit because it never even occured me at the time to get one because I trusted her, that I can't claim for the deposit money back. But I can claim for the 5 star vetting with the certificate. I'm just so disheartened it's really put me off now :( I know it was silly not to get a recipet but we tried the pony 3 times and I was under the false impression everything was ok. slaps forehead

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SunnyBaudelaire · 23/04/2015 15:35

just out of curiosity, could I ask where in the country you are and how much the price was for the pony, and what the pony had done?

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ruby1234 · 23/04/2015 15:41

You won't need a receipt for the deposit - the owner admits she got it in her text!
I would go ahead with the small claims court - you can register online.
At work when I am chasing money, I fill in the small claims form, print it off and send it to the debtor, signed for delivery, advising that if they do not pay in full by X date, I will lodge the form and they will also be due to pay the court fees, plus accrued interest to date (there is a formula on the court form to allocate the interest). I would say in the letter - you owe me £350 for the deposit, £300 for the vets certificate and £150 for the court fee, plus any interest due to the date you pay.

Call her bluff and see how she reacts.

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Thistledew · 23/04/2015 15:49

The CAB is wrong about not being able to get your deposit back. It is always better to get a receipt, but the lack of one does not mean the money was a gift.

You could always chance your arm and try to get an order for specific performance of the contract. It may be that the court would accept that the deposit means that there is a contractually binding obligation on her to sell. It is something you would need proper legal assistance with, but it depends how much you want the pony.

I would definitely say you want her to refund you the cost of the vetting as well as your deposit. It is likely a court would award you that as she has breached her part of the contract.

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Sierraspider · 23/04/2015 16:42

sunny the pony was advertised on preloved website and had done everything from hacking to jumping BSJA. Pony is 14hh mare and in Hertfordshire area. Was advertised as 100% bombproof in all areas and open to vet. Why do you ask? Do you know of the pony? The advert has been removed now. I don't know i can name and shame but the first name of the owner is Kerry. If she sees this I hope she knows how heartbroken my daughter is and how we cant look for another pony until she gives us the money back.

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SunnyBaudelaire · 23/04/2015 16:43

thanks - no I am just curious as I live in a part of the country where ponies are much cheaper.

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SunnyBaudelaire · 23/04/2015 16:43

hang in there, and the ideal pony for you and dd will come along

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Sierraspider · 23/04/2015 16:47

Sunny she was £1900 without tack 10 year old.

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SunnyBaudelaire · 23/04/2015 16:50

wow.
Do you know this dreadful person at all? I mean does she have any local reputation?

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Sierraspider · 23/04/2015 16:57

Nope never had met her before I contacted her about the advert. Its so bloody annoying as well as everything else because weve viewed 7 horses and ponies so far and this one really, really felt like 'the one'. I really could not fault her in any way. I'm just glad I didn't buy the saddle I was looking at for her on ebay when she texted me!!

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SunnyBaudelaire · 23/04/2015 16:58

I feel for you I really do.
x

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Sierraspider · 23/04/2015 17:03

Thanks sunny. I'm wondering if she was a dealer I have no idea if anything she told me is true now. However each time we tried the pony she was amazing and true to the sellers word. Just don't get it. Why let us try her 3 times and THEN change her mind? Why take a £350 deposit? Why break my daughters heart shes only 3 going on 4 for gods sake. I'm so angry :(

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AuntieDee · 23/04/2015 20:45

Surely a 14h pony will be to big for a 3yo?

Take her to small claims court and you will get all your money back :)

Something small enough for a 3yo will cost way less than £1000

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mrslaughan · 23/04/2015 21:20

there is a Facebook page "Dodgy Dealers - the Truth" ask about her on there, you will find out if she is a dealer.

and yes if you have texts I would pursue her, its just outrageous!

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AnnaFiveTowns · 24/04/2015 06:22

To be honest, I wouldn't trust the advice given by the CAB. I worked there for a while, and many of the volunteers didn't have a clue!

I would go on the CAB website though and they will take you through the small claims process. If you have a text regarding the deposit then I'm sure the small claims court would look at this.

Why are there so many dodgy, unscrupulous people in the horse world?

I really hope to get it sorted, OP.

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Sierraspider · 24/04/2015 12:55

Thanks guys. Auntiedee I know 14hh may seem tall for a 3 year old but shes nearly 4 and extremely tall herself. She wears 6-7 and 7-8 clothes. the mare was also meant to be a forever pony like a mother daughter share as I dont llike the idea of selling them on. I'm going down the small claims court route.

Has anyone had this or something similar happen?

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SunnyBaudelaire · 24/04/2015 12:57

If you want to know where to buy a little pony for a 3 year old for an incredibly cheap price, PM me. Would not do for you though.

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honeysucklejasmine · 24/04/2015 13:01

As you are in the Herts area, you could contact the consumer rights show on BBC 3 Counties radio? Its on every day, 11-12, and they sort out all sorts. The threat of the publicity might be enough to hurry her up.

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