Returning goods

#1
Hello there
Could anybody tell me what the law is on returning faulty goods. In this case it is a horse a real horse so expensive to transport.
I made my complaint to trader and made it available for collection I even offered to meet halfway am I within my rights I should mention I collected the horse initially. If I am within my rights can anybody tell me what piece of legislation I quote and where to find it.
Kind regards.
 

Tony

What Consumer Founder
#2
I am sure there was a Monty Python sketch about a faulty horse or was it a dog. Anyway, did you buy the horse from a trader and I must ask - what was the fault? There will be lots of precedent under common law to quote as people have been buying and selling horses for a longer than there has been law. Has the trader agreed to give you your money back? Are you asking about the cost of returning the animal?

Tony
 
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#3
Tony
Not sure about Monty Python!!
Regarding the horse it was suposed to be a schoolmaster in other words safe for a novice, it threw my daughter off first time she rode it. It had diseases the seller tried to cover up.
The case had been awarded against the seller in their absence once but it was then set aside, they said they had never received solicitors letters 8 or court letters. I can only guess the judge had to believe her.
They then offered me the purchase price back after I had fed and watered the horse for 6 months, in the initial court order I had been awarded costs for upkeep. They would only give me my money back if I retuned the horse to them, even though at the setting aside judgement the judge said I was in my rights to tell them to pick the horse up. When I made my initial complaint to the trader after having the horse 4 days I even said I would meet them halfway
That really is my question was I within my rights to make the goods (horse) available for collection if so does anybody know where I can find the legislation I can`t find anything in sale of goods act.
Thank you.
 

Tony

What Consumer Founder
#4
I think this is the clause you are looking for

36 Buyer not bound to return rejected goods

Unless otherwise agreed, where goods are delivered to the buyer, and he refuses to accept them, having the right to do so, he is not bound to return them to the seller, but it is sufficient if he intimates to the seller that he refuses to accept them.
Form: Sale of Goods Act 1979 (c. 54)

Your duty of care to look after the horse cannot be unlimited. I think it expires after six months - just trying to find something on this. This would mean you could dispose of the horse and still get a refund.

Tony
 
#6
Tony your help is invaluable but I must mention I picked the horse up initially do you think this might alter things.
Your comments on duty of care might come in handy.
Cheers Paul
 
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