Selling

[Philippa]

It’s a little vague. If instalments were arranged I’d highly doubt they would be over 3 days. More likely 3 months. Was it agreed horse wouldn’t leave until full amount paid or were instalments to be continued after horse had gone to new owner??

Deposit could be kept quite legally to cover the cost of the horses keep and move.

If the seller chooses to not sell and return all costs to the buyer then that’s that. Not a lot the buyer can do about it.

[captain9]

Instalments were agreed. But seller wanted a higher amount paid off before the pony left. the horse had to leave by the 1st because she had another horse arriving so there wasn’t space for it.

As a result of pony not being collected seller had to move to a different yard with it so the new horse had space and pay upfront for a month

buyer couldn’t find a share transport wise so couldn’t collect the pony.

It is now almost 4. Weeks later still not collected also pony was only £800 so have almost paid out more in keep etc.

[captain9]

Instalments were over 10 weeks.

[gillwales]

I am a little lost over all of this, I am not certain I am reading the OP. I do know that if you have a contract to sell something and the buyer pays in full then the seller has no option but to sell the item unless other parts of a contract has been broken. If a buyer puts a deposit on an item and then fails to complete the contraction then they loose the deposit. Personally I would not let a horse or pony go to it's new home until fully paid for, it is a disaster waiting to happen. I hope this is of help to whoever made the OP.

[crazycat1985]

I made OP apologies I am unsure where it has gone.

I am the seller, I agreed to installments, but stipulated the pony had to be collected by a certain date as I had a new horse arriving. The buyer paid deposit and wanted to take the pony after having made no instalments. Which I was unhappy with so I said no, but it still had to be taken by the specified date. It was not. They then organised to take the pony a week after and cancelled at 6:30pm the evening before which left me with hours to move the pony (so the other one could be brought) It infact turned out I had to postpone the other pony and pay for it to go on full livery for a week while I organised for the 'bought- but not fully paid for' pony to be moved. I had to pay upfront for a month at the new yard (which is to be expected) and also had to pay for it to be moved. In addition to this it has cost me more than the installments to keep so I don't see the point now.

I have said I will refund money, am in two minds about the deposit.

[gillwales]

The trouble is if you said you would refund the money then you should do so. I do feel it would have been fair to have refunded the deposit minus the extra costs involved. The moral of this story is to sell any pony you have outgrown etc before purchasing another, especially if you do not own your own land.

[Philippa]

Seems the OP has been deleted.

[bigmama]

I would never accept instalments to purchase a pony. Yes, a deposit but no to instalments. If someone wants to buy a pony then surely they have to have the money to do so first and foremost. If they cannot afford the purchase price of pony, how on earth are they going to afford the costs to keep it?
I fear this winter is going to see a lot of cost issues arise for people as the price of hay/haylage and feed is going to sky rocket after the very hot summer 2018 will have a knock on effect on grass and cereal products. Purchasers need to allow for this in their budget :/
To address your current problem, OP, I would write to the person who has paid you a deposit, give them seven days to pay the balance in full and to collect the pony otherwise they will forfeit their deposit. Also, send them an invoice for the costs they have incurred you because of their failure to keep to the agreed date. If they fail to pay the invoice either when they come to collect pony or, if they fail to collect pony, within a later specified time period, start a claim in the small courts, doesn't cost too much to do so and if the case is proven against the other party, they could well be liable for court costs as well as the amount of the invoice. Keep a copy of everything written down. Good luck

[sarahp]

I must admit I wouldn't either bigmama. A deposit is one thing, instalments entirely another.

[viking]

Exactly Big Mama. If they can't afford purchase, then they can not afford keep. Deposit to secure sale yes, instalments, never a good idea !