Mis-sold pony…PLEASE HELP!

[4kids2dogs1pony]

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!

I don’t think you have a hope of getting any money back - they played you very successfully, sadly. Can you afford to keep her and retire her to a field as a PP suggested?

Why do you keep saying "only a stiff leg"? A stiff leg would make me run a mile. Healthy sound ponies don't have stiff legs (maybe briefly if they've been standing in for a long time).

@Bryonyshcmyony agree, and something brought back into work properly (ie several weeks of walk work etc) wouldn’t be stiff due to coming back into work.
So it’s quite clearly been hauled out of the field and jumping while hugely unfit and people are surprised it’s lame?!

Yes sorry OP if what you say is right (broken at 4 then turned away for EIGHT Years...) you were asking for trouble. Hopefully you can get some money back in small claims

Is it a pre existing condition as far as your insurance goes? I mean you didn't know about it? My insurers wouldn't insure mine without a vetting though so not sure what yours will say.

It won't necessarily be that costly. It isn't impossible for it to be something relatively minor, eg the type of sprain you'd expect jumping an unfit green 12yr old.
In addition, the type of person that would do that isn't going to be working a horse correctly, the muscle wastage could be simply be the combination of being out of work, a minor injury, continuing to jump it with a minor injury and shitty attempts at schooling it.

If after investigations it turns out it's extremely expensive treatment with no guarantee of ever coming sound, you can always discuss with the vet the possibility of turning it away for a year and seeing if it comes right. And if it can't be ridden, you choose between an expensive pet and pts. Insurers won't cover it regardless of whether you or anyone else knew about it.

Also worth asking the vet to age it. Obviously it isn't an exact science at 12 anyway, but if it turns out to be closer to 4 or 24 than 12, it does change the prognosis and options. And if they've lied about the age it gives you more ammunition for compensation.

@blobby10

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.

I believe it is actually illegal for a chiropractor to treat a horse without a vet referral or consent.

@4kids2dogs1pony

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 😢

I'm sorry about your pony, though you should never trust someone else's vettings. I've had all my horses vetted including a foal, even a 2 stage is enough for eyes, heart and lungs and lameness. I've had bloods taken on anything ridden too.

I'd also find proof that they may not claim they're dealers but that they are, search for their number and see what other horses for sale ads come up.

I hope you get the outcome you want, good luck.

I think the solicitor can see £ signs , if this was a private seller you have minimal chance of getting any money back . What I can’t understand is how you or your more experienced daughter didn’t realise this unfortunate animal was lame when you were trying it etc . You’ve basically bought a cut price horse that has failed a vetting and I really can’t understand how this is anyone else’s fault .

Why on earth would you rely upon somebody else's vetting that you hadn't even seen? That's madness.

If that was your level of blind trust in people then, painful as it is, it is probably for the best that you are less trusting (or naive) as a result of this experience.

What reason did they give for not working the horse for eight years after backing?

What a shame - you must feel awful.

I doubt you'll be able to return the pony so it may well be worth getting the vet to carry out a proper assessment and diagnose exactly what is wrong with her. If you're right and she was backed at 4 and then left in a field for 8 years it could just be that she's lame due to being brought back into work (if she ever was in work) too quickly. Let's hope that's the case. If it is then with treatment and proper schooling you could end up with a nice pony.

It really is buyer beware. I knew a family who bought what was purported to be a child's first pony. They viewed it several times then bought without any vetting. Within a couple of days the pony turned out to be dangerous when ridden and on the ground. On one occasion she actually jumped out of her box and was loose on the yard. The feeling was that the pony had been sedated when viewed. The child and the mother were terrified of it.

Stickytreacle never come across that rule - our McTimoney lady is fully qualified to treat equines and canines as well as humans. We've never had to get permission for her to treat any animal and our vets know her too.

I thought it was a legal requirement in the Veterinary Services Act(?) that any other non-vet professional needed vet permission to treat a horse (regardless of being qualified in their own field)?

The only way to be fully qualified to treat equines as a chiropractor or physiotherapist is first to do the human training and qualification then top up for equines. So that's normal but wouldn't circumvent the overriding legal position on who is permitted to treat horses.

Bvca-uk.org

"All animals treated by a Chiropractor must always have, as a prerequisite to treatment, full approval from that particular animals attending Veterinarian. No treatment can be undertaken without this consent from the animal’s primary carer."

My horse physio asked who my vet was and thst was it.

Just as a word of advice, a friend had a similar problem, bought a pony who had damaged withers, vet said it was clearly the result of an old injury (years old). The original injury must have been severe, so couldn't have been unknown, previous owners had had pony since a foal.
Pony was unridable, probably had been given pain relief when they tried it, but was so uncomfortable once they'd had it for a week that they couldn't put a saddle on.
Despite very experienced solicitor, vet reports, x-rays, correspondence from before purchasing saying pony had never had any injury / accident / illness etc, the court found against my friend, so not only did she have an unridable pony, she had massive legal fees too. Some judges don't understand horses, so treat it as 'animal is alive, therefore you bought animal. Pony was advertised as a Affiliated jumping pony.

Almost certain you won't have a leg to stand on with this in terms of it being mis-sold and I'm not sure how it will affect your insurance given that it's an existing condition. The fact you knew and brought up the issue of a vet check prior to sale might also be an issue because it shows you were aware this is something that should have been done so you can't plead ignorance (not that being ignorant will help I mean – it just shows you knew the right thing to do and let the buyer talk you out of it)

There are some crafty sods to watch out for and nowhere more than amongst private sellers and auctions. I met a woman with a cob she advertised quite honestly as being a non-ridden companion only and with some minor issues to his front legs as a result of being tethered on a hard concrete surface for most of his life prior to being rescued by her relative.

The relative effectively nicked the pony off the land, brought him home and got him in some sort of half decent nick but he'd since died and this lass was unable to manage him at her place. She didn't want anything for him was offering free to good home but stated he would need to be on land / turnout that was relatively flat or more even than hers which was steep and resulted in the pony being stabled more than she'd like.

Arranged to drive over and meet him and I realised immediately what she meant by her place not being suitable for him to be turned out with the others. Honest to God it was more cliff face than a field so when I got there, I understood what she meant and that it was no exaggeration.

We were looking for a companion and I really took an immediate liking to this cob he was chilled out, laid back and really sweet natured. Brought him out and walked / trotted him along and gave him a good brush and look over and he was in better nick than I'd expected to be honest so I was happy to take him but explained I'd need to have him checked out by a vet in advance for insurance purposes and whatnot.

She suddenly took a dislike to the idea even though I reassured her it was purely for insurance and to make sure he wasn't going to drop dead or had anything over and above what we could manage. I knew he wasn't for riding so she was reassured the vet check was standard basic no frills so he would have suitable insurance cover.

Still wouldn't have it, refused to get back to emails or return calls and texts and just blocked me completely.

What the issue was I don't know because she wasn't selling him so wasn't standing to lose any money, I was perfectly happy to pay for the vet check and to take him on provided the vet didn't discover something that meant he wasn't fit for anything but the knacker's yard and she had land, yard and stables with several other horses attached to her home.

She didn't strike me as someone with any need to dodge the prospect of having a vet rock up and didn't have to pay out or be inconvenienced at all other than to agree to me making plans with the vet to go back. It was bizarre.

Always something massively suss when a seller doesn't want a potential buyer to do the bare ass minimum and you'd think would be reassuring to them.

Really hope you get something worked out and a harsh lesson turns out well in the end for you all.