Would section 75 cover a horse?

Stressedmum

Hi. I'm just about to start the process of buying a child's pony ( a huge minefield- unfortunately full of unscrupulous dealers, doping, 'misunderstanding' of needs & unpredictable animals)

Horse & Hound suggests paying for at least part of the purchase price by credit card for added protection. Do you think Section 75 would really cover a pony?

I would be buying from a known dealer & the pony is described as suitable for a child's first pony, steady, never strong, a complete confidence giver. I would be having a 5* vetting before the process.

If the pony turned out to be very different once home ( not as described) and if the dealer would not cooperate, do you think the credit company would step in?

I'd be grateful for any thoughts & details of any known cases. Thanks.

meer53

Not entirely sure how you would prove that a pony is "not as described"
I think you would have a hard time using Section 75 in this case.

I would still pay part by credit card though, it would be worth it if there is some other issue that crops up which might be covered, you wont know whether it's covered though until it happens.

Melaniep101

Does the dealer accept Credit cards? I'm not sure about the Section 75, but could you ask the dealer for a trial period of, say a month, why you could return the pony if it really wasn't suitable?

Buying horses is a real minefield, but so is selling them! I've known of perfectly good horses misbehaving in a new home, they often take a while to get used to new owners.

chattychappy

S75 makes the CC jointly liable for breach of contract or misrepresenation. No restriction/limitation to particular types of product/service.

A contract to buy a horse is still a contract. Capable of being breached. A party could still be the victim of a misrepresentation

However I can imagine some other consumer protection legislation might not apply - eg implied warranties.

meer53 wrote: »

Not entirely sure how you would prove that a pony is "not as described"

Agree - there might be evidential issues which wouldn't arise with other "products". My suggestion would be that the OP gets any claims for the pony in writing. Also check through the T+Cs for disclaimers. Look for a "whole agreement" clause - ie one that attempts to exclude prior representations from the agreement.

This is just from a legal perspective. It goes without saying you want to avoid a dispute in the first place. So get as much horse-buying advice as you can! I suppose the main thing is to make sure that what you're getting is 100% pony and totally free from beef!

miketaff1408

I am thinking of paying the stud fee to get my faithful, mangy old mare impregnated by Frankel. If I pay £1 of the £125,000 fee using my aqua rewards credit card, will I get S75 cover if it turns out Frankel is a jaffa shooting blanks, or if the resulting Frankel Jr. runs more like a cart horse than a wonder horse???????

bouncydog1

I would never buy a first pony from a dealer personally. I would go for one seen in action at the local pony club or riding club where you could talk to the owners and possibly take it on trial. Possible loan with a view to buy perhaps.

A first pony has to be a real confidence giver and dealers will tell you anything to get a sale. Recently watched a small pony kick out a stable wall. Owner had told buyer it was wonderful with excellent temperament. Further enquiries revealed it had always lived out as it couldn't tolerate confined spaces. Pony was bought unseen!

Presumably you are experienced and are fully aware of what is involved in ownership before you buy?

guesswho2000

miketaff1408 wrote: »

I am thinking of paying the stud fee to get my faithful, mangy old mare impregnated by Frankel. If I pay £1 of the £125,000 fee using my aqua rewards credit card, will I get S75 cover if it turns out Frankel is a jaffa shooting blanks, or if the resulting Frankel Jr. runs more like a cart horse than a wonder horse???????

LOL :rotfl:!!

However, no, since £125,000 is over the £30,000 limit covered under s75

Wywth

meer53 wrote: »

Not entirely sure how you would prove that a pony is "not as described" ...

Perhaps the OP could ask for a DNA test to prove it's really a cow.

They must be being passed off somewhere if not going into our spag bol.

:rotfl:

dalesrider

Stressedmum wrote: »

I'd be grateful for any thoughts & details of any known cases. Thanks.

Thoughts.

Talk to the card provider.....

Knowm cases. Talk to horse & hound, given they gave the advice or look on horsie forums.
But be aware. just because one card provider pays out does not mean the rest will as each case is looked at on the imformation provided.

Anthorn

What if I bought a Meerkat that won't stand up. Would that be covered?

eddddy

Stressedmum wrote: »

Hi. I'm just about to start the process of buying a child's pony ( a huge minefield- unfortunately full of unscrupulous dealers, doping, 'misunderstanding' of needs & unpredictable animals)

Horse & Hound suggests paying for at least part of the purchase price by credit card for added protection. Do you think Section 75 would really cover a pony?

I would be buying from a known dealer & the pony is described as suitable for a child's first pony, steady, never strong, a complete confidence giver. I would be having a 5* vetting before the process.

If the pony turned out to be very different once home ( not as described) and if the dealer would not cooperate, do you think the credit company would step in?

I'd be grateful for any thoughts & details of any known cases. Thanks.

Hi Stressedmum

Others in this forum are probably more knowledgable about s75, but here's my 2 cents:

s75 doesn't give you any additional warranty or improved contract terms, it just provides extra refund protection.

I'm not familiar with the horse buying process, but for example, if you have to pay a deposit in advance (over £100 and all/part with your CC), and the dealer does a runner with your deposit or goes bust - the CC company will probably refund you.


If you ask the dealer before you purchase "Can I return the horse for a full refund if it turns out to be unsuitable?" and he says "Yes" (ideally in writing) - then he subsequently refuses a refund or goes bust, you can turn to the CC company.

If the dealer says "No - you have to satisfy yourself that the horse is suitable before purchase", then s75 will not provide any additional warranty or additional rights to a refund. (Unless you can show that this is an illegal contact term.)

Finally, I would think that "suitable for a child's first pony...etc" could be classed as the dealer's opinion (like when an estate agent says "exceptionally spacious" or "tastefully decorated"). You may have a totally different opinion. But technically, to succeed in a claim against the dealer, you would have to show that this was not really his opinion. This may be very difficult, as some people can have very strange opinions!

On the other hand, a factual statement like "the horse was sired by champion show jumper" is easier to challenge, if it proves to be untrue.


I think your best bet may be to investigate the dealer's reputation. Are other purchasers happy with their horses?