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Original poster

Mis-sold pony…PLEASE HELP!

41 replies

4kids2dogs1pony · 27/07/2021 23:44

I bought a pony just under two weeks ago, only walked her on one small hack initially as was letting her settle in. Few days later had a flat work lesson with a professional and ten mins in she told me to pull up because the pony is lame. We called the vet who advised us to rest her and prescribed Bute. Week later (today) she was reassessed and we have basically been told that the pony has a pre existing hind quarters problem that has been going on for some time shown by muscle wastage. Prognosis is lots of tests and treatment (if possible) depending upon what the issue is. I took out insurance straight away when we purchased her but it won’t cover pre existing conditions. Before we bought her, we went to view her a few times and the owner rode her and popped over a cross pole before I tried her. I didn’t pick up any problem, but I’m not an expert and it wasn’t that apparent when riding her. The thing is I mentioned wanting to vet check her and was told that it was unnecessary because a previous potential buyer had her 5 stage vetted and they only picked up on her leg being a ‘bit stiff’ and put it down to her only just coming back into work. I trusted this information (regrettably) but I have got a screenshot of them stating this as fact. I contacted them today to ask them to take the pony back and refund me the cost, I’ve even said I don’t mind having to pay out £200 for vets examination and vaccinations. They have refused saying that it’s not their problem. I have a pony that was sold as sound and suitable for mother/daughter PC share, which cannot be worked and needs lots of vet involvement. I know I’ve probably been very stupid, so really could do without being told so if at all possible, but what comeback, if any do I have? I’ve been advised that horses are classed as goods and she has been sold unfit for purpose? Thanks so much for any advice!

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lastqueenofscotland · 27/07/2021 23:52

Was it from a private seller?
If it was a dealer you should be able to return, if you’ve brought from a private home and not got it vetted, I’m sorry to say is beyond daft and you legally do not have a leg to stand on.

TrainspottingWelsh · 28/07/2021 00:02

Did your instructor notice anything at the viewings? And didn't the vet notice the muscle wastage on the first visit?
Personally I wouldn't return the pony, anyone capable of selling on an unsound horse isn't someone I would want deciding its fate. If it's a dealer you could get your money back, minus it's actual value.

lastqueenofscotland · 28/07/2021 00:04

Also if it is a private seller, some people, including some very experienced people have an AWFUL eye for lameness. They may have genuinely believed it was a bit stiff coming back into work. Although unless it’s about 25 or they’ve gone from box rest to hard work I’d be very suspicious of that.

Shurl · 28/07/2021 00:09

I'm sorry, but I suspect that because you didn't have the pony vetted, you might struggle to get anywhere here. The pony was basically sold as seen. You would need to prove the owners knew there was a problem, and not that they believed the pony was stiff like you did.

Have you asked on h&h forum? There are some extremely knowledgeable people on there and the advice might be a bit more targeted than on here

PyongyangKipperbang · 28/07/2021 00:33

Think of it like a car.

If you buy a car from a dealer you have a right to either a repair or a refund. You can go to trading standards etc.

If you buy it from a private dealer then tough. Sorry but there it is.

Caveat Emptor

Original poster
4kids2dogs1pony · 28/07/2021 01:32

Thanks for replying. The pony is 12, according to them broken in at 4 then left, they bought her as a project to sell on. I know now they do this quite often but they are not registered as a business or dealer.

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Original poster
4kids2dogs1pony · 28/07/2021 01:35

My instructor did not come to the viewings unfortunately. She picked it up pretty much straight away in my lesson five days in.
The vet didn’t mention the muscle wastage last week, she just said it could possibly be an injury and to rest with pain relief to re assess after a week, which was yesterday. She has ruled out hoof abscess.

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PyongyangKipperbang · 28/07/2021 01:49

@4kids2dogs1pony

Thanks for replying. The pony is 12, according to them broken in at 4 then left, they bought her as a project to sell on. I know now they do this quite often but they are not registered as a business or dealer.
So they are shysters.

Best thing that you can do is name and shame within the Horsey community so no one else gets caught out by these bastards. It wont get your money back but it will stop anyone else falling victim.

Haventhadaneggsinceeaster · 28/07/2021 01:58

It doesn’t matter if they are not registered as a dealer or as a business, anyone regularly buying and selling ponies is classed as a dealer in the eyes of the law.

lastqueenofscotland · 28/07/2021 03:32

Wait so it was backed at 3/4 and then chucked in a field for eight years, dragged out and jumping with prospective buyers… No wonder it’s fucking lame.

Kanaloa · 28/07/2021 06:19

I would have been instantly suspicious that they didn’t want a vet check. It would be like telling someone selling you a car anxiously saying oh don’t get it checked over first! If the pony was healthy they would have been happy to have it checked.

I’m not sure what you can do though. They’ve refused to refund already. Is there any way the pony can be treated at all?

hiptobeasquare · 28/07/2021 06:46

If you buy from a private seller under the Sale Of Goods act you can ask for money back if the item doesn’t match the description or the seller did not have title. The burden of proof lies with you. Send a forms letter to them sent by recorded delivery.
Ultimately, your last resort would be taking them to a small claims court.

Original poster
4kids2dogs1pony · 28/07/2021 09:43

Thanks for your advice, I’m going to contact some equine solicitors today to see where I stand.

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Original poster
4kids2dogs1pony · 28/07/2021 09:46

I know now that it was stupid but I trusted what they told me at the time. The pony had been 5stage vetted that week and only failed due to a stiff leg put down to just coming back into work. They seemed genuine and this has really damaged my trust in people 😢

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Pleasedontdothat · 28/07/2021 09:48

If you’re a gold member of the BHS they have a legal helpline so you can talk to a solicitor with experience of horse-related disputes.

I suspect that unfortunately you’ve learned the hard way not to trust anything anyone selling a horse tells you. You’re going to need to work out what to do with the pony you have now - it’s unlikely that you’re going to be able to get her sound enough to do PC etc with even if you sink a lot more money into vet’s fees than you have so far. Accurately diagnosing the problem could cost thousands of pounds even before you start treatment and as she’s basically been in a field her whole life and she’s now 12, the chances of success are pretty slim. If she’s field sound and not a laminitis risk then the best thing for her would be to retire her in a field, chalk it up to experience and go into horse buying in future much better prepared.

blobby10 · 28/07/2021 10:21

If you are interested in getting the pony sound without lots of vet tests it might be worth using an Equine McTimoney Chiropractor. My dad uses one for his dressage horses and swears that the £60 a time four times a year is the soundest investment in the horses health that he makes! They would certainly be able to ascertain if there was a problem that needed the vet or if was just a misalignment of a joint that could be fixed with manipulation and exercise.

Original poster
4kids2dogs1pony · 28/07/2021 14:03

Thanks, if I end up keeping her that’s something I’ll look into.

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TheFnozwhowasmirage · 28/07/2021 18:05

You can join the BHS and get advice retrospectively. They are very good and gave me some very helpful advice when I had to return a mis sold horse.
Did you see the failed vetting paperwork? Did you save the advert? If so,and they've claimed something that can be proved that they knew is untrue,you have a good chance against them via small claims.
Good luck.

TrainspottingWelsh · 28/07/2021 21:21

As @lastqueenofscotland said, hardly surprising it's lame.

I imagine that they'll say you considered yourself experienced enough to buy without your instructor or a vetting, implied you had enough knowledge to consider an unfit, green 12yr old as a mother/ daughter share and the muscle wastage was so minor the vet didn't even notice it at first. So their defence will be there's no reason they should have been aware of anything wrong when you didn't notice anything either. The fact the vet can't give you an obvious dx just makes it easier for them to deny any prior knowledge.

Personally I'd investigate with the vet and if it turns out to be something they must have been aware of I'd go down the route of recouping my costs without returning the horse.

snowpo · 28/07/2021 21:40

If they're known for selling ponies it's unlikely they kept her for 8yrs mooching about in a field doing nothing. Would have thought it's more likely she was on bute when you tried her. Sorry rubbish situation but don't trust anyone who says they've already been vetted.

Original poster
4kids2dogs1pony · 29/07/2021 13:17

I tried to get hold of the failed vetting report but the lady who paid for it was not willing to share the results with me 🤷🏻‍♀️

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Original poster
4kids2dogs1pony · 29/07/2021 13:18

They bought her from the field in April and had been working on her as a project until I bought her two weeks ago.

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Original poster
4kids2dogs1pony · 29/07/2021 13:22

That’s exactly what they have come back to me with 😳 I knew she was unfit and green and that didn’t phase me, I’ve worked with a lot worse. It’s only because of this that she was within my budget. My daughter is taller than me, experienced and confident, she rode her well at the viewings so that wasn’t a problem either.

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lastqueenofscotland · 29/07/2021 13:24

If they aren’t dealers OP and you didn’t get it vetted unfortunately I think you just have to chalk this up to a very very costly error

Original poster
4kids2dogs1pony · 29/07/2021 13:29

I’ve spoken to an equine specialist solicitor who thinks I have a case for a mis sold pony in the small claims court. I informed the seller but they are claiming they are innocent of any wrongdoing and digging their heels in.
My husband is furious because he thinks we have been taken for mugs but what if they genuinely thought that her leg was just stiff?
The longer we have her the more we are bonding with her, she is such a sweetheart and I’m concerned for her future if we don’t at least try to sort her out. On the other hand, I’m not made of money and there are no guarantees that she will ever be usable. It’s a horrible situation.

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