It doesn t always work !

veronica1955

I bought a horse ,which had a pre existing problem and was later PTS .All within 5 months ! The animal was insured and the claim was accepted .Therefore ,I am not able to ask for a refund and the vendor has got away with selling something " unfit for purpose " It is not about the money ,the principal of the matter is hard to stomach .................Has anyone had a similar situation with any product ?

LilElvis

Read through the threads on this forum and you will find lots of problems with lots of products purchased from a multitude of retailers.

McKneff

Why would you think about a refund if the insurance already paid you.

I am surprised at that given its condition was pre existig

JJ_Egan

veronica1955 wrote: »

I bought a horse ,which had a pre existing problem and was later PTS .All within 5 months ! The animal was insured and the claim was accepted .Therefore ,I am not able to ask for a refund and the vendor has got away with selling something " unfit for purpose " It is not about the money ,the principal of the matter is hard to stomach .................Has anyone had a similar situation with any product ?

Give the insurance money back and take the vendor to court .The vendor is one you don't deal with again and you could always complain to trading standards .

unholyangel

Unfortunately civil law is not about penalising the party in the wrong. Its aim is generally restitution.

Unless you have losses your insurance did not cover and those losses are losses that would be foreseeable (either to the world at large or due to special considerations you made the retailer aware of) as a result of the breach, you have nothing to claim for.

If it makes you feel any better, your insurance company could potentially chase them to recoup their losses but perhaps in the circumstances, is unlikely.

Failing that, you could make a complaint to TS and if the breeder is part of any groups/endorsements then they might have a complaints procedure you could follow also.

I understand matters like this (involving animals we can grow attached to) can be distressing but unfortunately the courts don't deal in emotion, the only deal with facts of law. In law animals are more or less just like any other good for supply.