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April 19 2024 6.05pm

Suing a 16 Year Old

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View Mapletree's Profile Mapletree Flag Croydon 19 Jul 15 7.28pm Send a Private Message to Mapletree Add Mapletree as a friend

Thanks to you all

Surprised a 16 year old can be sued, just goes to show you can't trust Google.

The woman decided there was a back problem after my daughter put her in touch with the chiropractor. As thoroughbreds do it had tweaked itself a couple of times but no sign of a long term problem. Just wishful thinking from the buyer now she finds she can't handle a horse as well as someone that was 15 when she bought it. So she is trying to say there was an underlying back problem to force my daughter to buy the horse back.

Meanwhile it is out of work and appears to be suffering muscle wastage.

What really was outrageous is that she made the threat to take my daughter to Court right in the middle of her GCSEs, the night before two of her most difficult ones.

 

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View shaun57's Profile shaun57 Flag chislehurst 19 Jul 15 7.35pm Send a Private Message to shaun57 Add shaun57 as a friend

Hi,
Just a little of what I know.
I have some horses, and if you buy them as foals, they do not have to be vetted.

Anytime after that, you would be silly not to have them checked out.
Bit like a house survey.
All the best.

 

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View Harry Beever's Profile Harry Beever Flag Newbury 19 Jul 15 7.43pm Send a Private Message to Harry Beever Add Harry Beever as a friend

Quote Mapletree at 19 Jul 2015 7.28pm

Thanks to you all

Surprised a 16 year old can be sued, just goes to show you can't trust Google.

The woman decided there was a back problem after my daughter put her in touch with the chiropractor. As thoroughbreds do it had tweaked itself a couple of times but no sign of a long term problem. Just wishful thinking from the buyer now she finds she can't handle a horse as well as someone that was 15 when she bought it. So she is trying to say there was an underlying back problem to force my daughter to buy the horse back.


Meanwhile it is out of work and appears to be suffering muscle wastage.

What really was outrageous is that she made the threat to take my daughter to Court right in the middle of her GCSEs, the night before two of her most difficult ones.


An equine chiropractor is permitted to treat a horse but they are not permitted to make any form of diagnosis under any circumstances. In the eyes of the law the only professional entitled to make a diagnosis relating to an animal is a veterinary surgeon. The word of a chiropractor would not be taken as meaningful in court even if they are correct!

 

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jamiemartin721 Flag Reading 19 Jul 15 9.39pm

Talk to a solicitor, chances are that the emphasis is 'buyer beware', but there may well be special legal grounds that cover live stock and especially horses.

 


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View EagleEyedAlbert's Profile EagleEyedAlbert Flag ...too far north of the water. 19 Jul 15 10.30pm Send a Private Message to EagleEyedAlbert Add EagleEyedAlbert as a friend

Quote wizlon at 19 Jul 2015 1.17pm

Did the buyer ask for and receive a recent veterinary medical report before purchase?

If not then it's a case of caveat emptor.

If so and the report was indicative of existing or potential problems, then again caveat emptor.

2 years after purchase is far too long for anyone to reasonably discover an issue that should have been reported/discovered at purchase.

Personally I think that the buyer is attempting to bully your child into paying and wouldn't have a leg to stand on in any court.


A horse with a bad back & an owner with no legs to stand on:

Something tells me this horse isn't going to win the Grand National anytime soon.

 


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View Irisheagle87's Profile Irisheagle87 Flag Co.Derry 20 Jul 15 12.16am Send a Private Message to Irisheagle87 Add Irisheagle87 as a friend

Quote Mapletree at 19 Jul 2015 7.28pm

Thanks to you all

Surprised a 16 year old can be sued, just goes to show you can't trust Google.

The woman decided there was a back problem after my daughter put her in touch with the chiropractor. As thoroughbreds do it had tweaked itself a couple of times but no sign of a long term problem. Just wishful thinking from the buyer now she finds she can't handle a horse as well as someone that was 15 when she bought it. So she is trying to say there was an underlying back problem to force my daughter to buy the horse back.

Meanwhile it is out of work and appears to be suffering muscle wastage.

What really was outrageous is that she made the threat to take my daughter to Court right in the middle of her GCSEs, the night before two of her most difficult ones.

This is the modern world mapletree. Common sense used to be a good sense of knowledge. Now as the saying goes we're I'm from I reckon I'm smart because I know I'm stupid!

 


THE 17th OF MAY. MY 17th BIRTHDAY. MICHEAL HUGHES SCORES THE WINNING PENALTY, WHAT WAS HIS NUMBER? 17!!!!!

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View Seth's Profile Seth Flag On a pale blue dot 20 Jul 15 2.53am Send a Private Message to Seth Add Seth as a friend

I don't think a person of 16 could be sued. Legally they're a child and I'd be very surprised if you could take a child to court for something like that.

But I'd get some proper legal advice if I was you Maple.

 


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View dannyh's Profile dannyh Flag wherever I lay my hat....... 20 Jul 15 9.52am Send a Private Message to dannyh Add dannyh as a friend

get proper legal advice.

For what its worth, I'd tell her to crack on, as she won't be getting a penny. Further more I would also make it clear that if she harrases my daughter again over the matter (as a minor), you will class this as child bullying and inform the police, with a view to taking out an injunction against her contacting your "child".

I imagine that will cool her jets.

 


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View Mapletree's Profile Mapletree Flag Croydon 20 Jul 15 10.18am Send a Private Message to Mapletree Add Mapletree as a friend

As is so often the case, we are fortunate to have something of a specialist on the HOL who has made contact.

The new owner has focused her attention on me and my wife for the timebeing. The initial contact was made to my daughter via facebook at 8.30 pm in the middle of her GCSEs, she came downstairs looking quite ashen.

Fortunately she is a tough cookie and up for the fight. I will let you know how this unfolds, albeit I don't think the woman has any case at all. I had assumed she would by now have taken advice that told her that. I can only guess she thinks if she keeps writing threatening letters we will cave in and take the horse back. We will probably get a Letter Before Action, I may be wrong but I think they are relatively cheap to have written and look scary.

Poor horse is actually really good but it's not easy keeping a thoroughbred so I am told. I don't know one end from the other, so stay clear of both.

 

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Hoof Hearted 20 Jul 15 10.44am

Quote wizlon at 19 Jul 2015 1.17pm

Did the buyer ask for and receive a recent veterinary medical report before purchase?

If not then it's a case of caveat emptor.

If so and the report was indicative of existing or potential problems, then again caveat emptor.

2 years after purchase is far too long for anyone to reasonably discover an issue that should have been reported/discovered at purchase.

Personally I think that the buyer is attempting to bully your child into paying and wouldn't have a leg to stand on in any court.


Retailing at £9.99 per bottle.

 

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View Holmesdale Nick's Profile Holmesdale Nick Flag South Croydon 20 Jul 15 1.22pm Send a Private Message to Holmesdale Nick Add Holmesdale Nick as a friend

If I was buying a used car I would get an AA inspection before paying any money to the seller.

If I was buying a horse I would get a medical from the vet before paying any money to the seller.

 


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View Forest Hillbilly's Profile Forest Hillbilly Flag in a hidey-hole 20 Jul 15 1.37pm Send a Private Message to Forest Hillbilly Add Forest Hillbilly as a friend

I once went out with a female solicitor who also owned a horse.
She put a lot of effort into the bedroom department, but ultimately her love of horses was greater than her lust for 'a bit of ruff'(me).

I know she would insist on a vetinary inspection before purchasing a horse.

She didn't like 'doggy', but loved me 'feeding the horse'.
Caveat Emptor, as previously quoted.

Hope some of the above is useful

 


"The facts have changed", Rishi Sunak

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