Preliminary hearing

[Dibdob]

Hi, I found myself having to start small claims court proceedings to recover a debt for a horse I sold, the buyer didn't make the promised monthly payments. At the preliminary hearing the judge awarded me the full amount and the defendant admitted that he should pay for the horse But the defendant wanted a full hearing. To cut a long story short, he got a lot of false statements to make out the horse was not as I described, even though he rode him for 5 months before buying. At the final hearing the judge decided I was a dodgy horse dealer, which I am not, it was a private sale and he is a friend's brother hence the monthly payment arrangement. It turned out that the horse has been sold on to cover a debt after the defendant abandoned him for someone else to look after. The judge decided to dismiss both my claim and the defendant's counterclaim for damages (the cost of looking after the horse) I am awaiting an appeal hearing because it took 5 months and 18 days for the defendant to reject the horse, but what I want to know is can the judge change his earlier judgement? The defendant actually admitted that he should pay for the horse at the preliminary hearing and I got an order in my favour but the judge ignored this at the final hearing. Now I have not been paid for the horse and I can't have him back because the defendant doesn't even know who he was sold to, nor does he care.

My appeal will be on the basis that he did not reject the goods within a reasonable time, as the judge has decided to treat me as a trader I have no choice but to defend myself as a trader so the sale of goods act applies, if the defendant is using it for his protection then so can I.

Any comments or advice will be greatly appreciated, I am over £2500 out of pocket plus court costs and have another hearing to face soon, not nice. I can't afford a solicitor. The judge decided that I was a dodgy horse dealer and believed the defendant over me.

Thanks
Debbie

[Caspar]

Re: Preliminary hearing

Hi Debbie,

I know nothing whatsoever about horses. I've never forgiven them as a species since one pinched my rainbow drops from my pocket as a child! lol

In terms of your situation, I would have thought it could be argued your "friend" never owned the horse. Had it been a CCA they would not have paid sufficient to own the goods (say it had been a car), they would not have been allowed to sell the goods as they weren't theirs to sell, and if they did sell them you have the right, I believe, to be put back to the same position you were in before any of this happened.

Do you have paperwork etc... that you could post up. Obviously remove ALL personal details first!

David

[WendyB]

Re: Preliminary hearing

Hi Debbie

have you tried contacting the British Horse Society? I think they have a legal department, might be able to offer some advice. Also in their monthly magazine they have various Q and A's about all sorts of horsey stuff, I have a feeling I read something similar in one of them. Also, did you hand over the horse's passport and did the new owner register the change of ownership on it?