11 April 2012 09:20
I agreed a price with a dealer to take my horse, as he was leaving in his car I stopped him and (thinking of my mare) said as long as he had her he could take her tack. He sold the horse and my tack went with her. Since then I found out that the dealer sold the tack for £300 on top of the price of my mare, he denies this and refuses to give me said amount and he still owes me half the agreed figure some 9 months later! Please help where do I stand?
It would be helpful to know whether this sale was subject to a written contract, as if so the terms of the sale will be easily identifiable and be open to less subjective interpretation. If the sale was based on an oral agreement a valid contract can still be formed but if disputes arise it will often boil down to one word against another.
Notwithstanding, there doesn’t appear to be any excuse for the dealer in failing to pay the other half of the original sale price and you should write to the dealer setting out the terms of the agreement, the date you expect to receive the outstanding money and notifying your intention to bring legal proceedings if payment isn’t forthcoming. In this letter you should also outline to the dealer that the tack was never part of the sale and instead was to be returned to you once he/she had sold the mare on.
If you do not receive your payment within a reasonable time you are entitled to bring an action in the Small Claims Court (if the loss amounts to less than £10,000.00). You are able to start a claim yourself and details on this claim procedure can be found online at: https://www.moneyclaim.gov.uk/web/mcol/welcome. A small fee must be paid (recoverable upon success) and the matter will then proceed to a hearing if settlement is not agreed.
At the hearing the Court will on the strength of the evidence decide, whether to order the dealer to pay the money outstanding and whether tack equipment was meant to form part of the original sale or not. If not then you may also be awarded the £300.00 which the dealer has subsequently gained from the sale of the tack.
HorseSolicitor is a leading equine personal injury law firm, find out more at www.horsesolicitor.co.uk.