Where do I stand please?

LinasPilibaitisisbatman

Post number 6 - given the OP has already clearly stated that isnt the case its very clear this poster is suggesting they change their versiou and in essence blackmail the seller into taking it back to avoid a counterclaim made of lies.

pinkshoes

LinasPilibaitisisbatman wrote: »

1) The OP agreed to take the pony, they cant send it back unless the contract allowed and it doesnt seem to

But there IS no contract. Just a verbal agreement stating that they would pay "when they could" i.e. not now!! The pony still belongs to the seller.

LinasPilibaitisisbatman wrote: »

2) Extremely stupid advice. Firstly it is perjury, secondly if the OP lies whats to stop the seller lying and saying the OP bought it and agreed to pay in say 90 days? I think the courts would be far more likely to believe that someone who had previously purchased pony's, and had the pony purchased it to that of the pony seller with their own facilities to keep them giving it away.

Was an invoice issued OP?

The seller is the one who agreed to the payment without setting a date, so if they're going to insist on payment, then perhaps the OP should insist that whilst they were looking after the pony, they should have been paid for keep! It's about as unfair as asking for the money in the first place, hence offering the pony back is a fair offer.

Besides, if the seller hasn't been paying their taxes, it could cost them dear!

LinasPilibaitisisbatman

pinkshoes wrote: »

But there IS no contract. Just a verbal agreement stating that they would pay "when they could" i.e. not now!! The pony still belongs to the seller.



The seller is the one who agreed to the payment without setting a date, so if they're going to insist on payment, then perhaps the OP should insist that whilst they were looking after the pony, they should have been paid for keep! It's about as unfair as asking for the money in the first place, hence offering the pony back is a fair offer.

Besides, if the seller hasn't been paying their taxes, it could cost them dear!

You are on a different planet.

The OP bought it on a deferred payment basis, this does not make it fair for the seller to lose out because the OP's circumstances have changed.

Just clarify - you are suggesting they lie and blackmail the seller?

Driftwoodgirl

Thanks most of you for your help and advice so far. I wouldn't have posted on this board if I didn't want to sort this issue out. There was only a peice of paper which gave the price of the pony and says that I pay for him when I cano afford it. I am not someone who tries to get out of paying for things and have sought advice as the lady who asked me to take this pony is giving me some real verbal via email.

LinasPilibaitisisbatman I agree that i took on the pony and therefore should pay, but no way did I see that I would not have a job come January! Therefore can I suggest that you stop trying to acuse me of wanting to screw someone over - you don't know me from Adam and therefore you should not judge. I have tried to do all I can to help resolve this and unfortunately I do not have a money tree in my back garden. The lady who sold me all these pays no tax and claims disability allowance due to not being able to walk properly cause she damaged her knee - although she can go to her stables all day and muck out, train foals and do a cash in hand cleaning job. I've been out of my job for two months, haven't claimed a penny - my choice I know.

The cost of this pony was £650 and the other four that I bought from her totalled £4000 which I paid for cash.

Anyway, thank you to all those for your advice so far. I guess then I'll put everything in writing to her as suggested and see if she keeps threatening.

phlogeston

LinasPilibaitisisbatman wrote: »

You are on a different planet.

The OP bought it on a deferred payment basis, this does not make it fair for the seller to lose out because the OP's circumstances have changed.

Just clarify - you are suggesting they lie and blackmail the seller?

No right planet.

If it is a "deferred payment contract", then as both pinkshoes and I have both said the payment is still not due! Therefore, there is no breach and therefore no basis on which to sue.

Alternatively, there is no contract - this is not a lie, just a statement of the actual facts. If there is no agreement as to the date on which payment becomes due, then there is no agreement and therefore the fundamental conditions for a contract to exist do not exist.

Perhaps you should read a basic guide to Contract Law before embarassing us all with your ignorance!

phlogeston

LinasPilibaitisisbatman wrote: »

Post number 6 - given the OP has already clearly stated that isnt the case its very clear this poster is suggesting they change their versiou and in essence blackmail the seller into taking it back to avoid a counterclaim made of lies.

:rotfl: :rotfl: :rotfl: :rotfl: :rotfl:

They haven't suggect they change their case - they have suggested a quite honest and legitimate interpretation of the facts. i.e. There is no contract, therefore, the horse remains the property of the seller. The seller is liable for the costs of maintaining the pony. This is probably the true situation and it is laughable that you should see this as some form of dishonesty.

Blackmail - now that's a big word, do you know the necessary mens rea for the criminal offence of blackmail? Certainly not made out in this case.

kazwookie

Driftwoodgirl

A quick phone call to the tax man /benefit fraud office might be of use, but it won't solve the pony problems.

I don't think you can sell the pony on, as you don't actually own it, let this woman take you to court, her time, her expense.

Make sure you keep the originals of any paperwork.

Good luck with it all.

Driftwoodgirl

***UPDATE***

I had sent the lady an email this morning saying I had offered all I could in way of sending him back or selling him, via her (I had already asked her permission and would not sell something that isn't mine) anyway she has agreed now to take him back which is a huge help to me.

Sometimes things happen that we can never forsee. I have done nothing but worry about this, but with a bit of support it's all turned out well.

Once again, thank you all (except the odd one) for your help, advise and suggestions - very much appreciated.

kazwookie

Driftwoodgirl

When you take the pony back, I would photograph it from all angles and with the woman in the photos as well, just in case she later claims you ill treated it / send it back in a poor condition etc.

It might be worth getting a vets report on the pony just before you send it back, I just get the feeling from your posts that this woman might claim all sorts of things against you regarding this pony.

After all you are the one who has fed it /groomed it etc for the last (x) number of months. Livery fees are very high.

Make sure she signs for the pony as well on its return.

Driftwoodgirl

Thanks Kazwookie - that's good advise and I hadn't thought of taking pictures etc.