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14/05/2008      Horse Buyer Wins Case

Curtis Parkinson were pleased to advise Karen Sanger throughout her claim against Horse Dealers called Bombproof.   This matter has been reported widely in the press including in the Horse and Hound on the 7th May 2008.   
 
We have advised several clients in connection with this particular dealer and Karen Sanger is the most recent to have obtained a successful judgment against them.
 
The facts are that Samson was purchased as a quiet confident ride for Mrs. Sanger, who had not ridden for 15 years and for her husband who wanted to learn to ride.When the horse was tried Mrs Sanger noted that it coughed but she was assured by the defendant that it was nothing to worry about.   Relying upon that assurance, the horse was purchased and delivered on the 21st March 2007.   It was very quickly apparent that the cough was something to worry about and Samson was suffering from chronic COPD and two vets, instructed by Mrs. Sanger, both agreed that Samson was not fit for purpose.
 
The case is very sad because as it progressed, it became apparent that Bombproof had sold Samson on at least two prior occasions and he had been returned to them because of his chronic condition.   Initially a defence was filed by the Defendants but they failed to attend the final hearing and Mrs. Sanger was awarded judgment totalling £4,600.   
 
Mrs. Sanger has now instructed Steph Greaves, the head of  Curtis Parkinson's Debt Collection Department, to enforce the judgment she has obtained.
 
Mrs. Sanger's claim fell within the small claims limit, which meant that if she won at court, she would not be awarded her costs.   She was therefore advised to bring the claim herself and took advantage of our Equine Law Department's fixed fee facility whereby we advise clients throughout the small claims procedure and assist in drafting the paperwork for a reasonable fixed fee.
 
Please do not hesitate to contact Christine Saunders if you require any further information or Steph Greaves of our Debt Collection department if you have any debt collection problems.
 
Samson, in the meantime, has found a home for life with Mrs. Sanger who is devoted to his care.
 



      
                                                                             

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.


 
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