Horse trader fined for selling falsely described horses

Horse trader Mrs Sarah Ashe of 31 Back Road, Cargacreevy, Lisburn, was today fined a total of £400 at Ballymena Magistrates' Court for selling falsely described horses.

In a case brought by the Trading Standards Service (TSS) of the Department of Enterprise, Trade and Investment (DETI), Mrs Ashe, who traded under the name “Ashe” in the Ballymena area, pleaded guilty to seven charges under the Trade Descriptions Act 1968 and two charges under the Fair Trading Act 1973.

Today at Ballymena Magistrates' Court, Mrs Ashe was fined £200 for two of the charges under the Trade Descriptions Act and was given a six months conditional discharge on each of the seven other offences, including the two charges under the Fair Trading Act. Mrs Ashe was also ordered to pay £85 court costs.

In addition to selling falsely described horses, Mrs Ashe, included the statement “No cash will be returned” on her invoices - thereby attempting to restrict or remove consumers’ statutory rights under consumer protection legislation.

Two separate complaints from consumers were received by TSS in July and August 2007. Both alleged that horses purchased from Sarah Ashe had been falsely described.

The first consumer had specifically requested a beginner’s pony for his 12 year old daughter. The horse sold to this customer, for a price of £1,000, was described by Sarah Ashe as “very quiet” and “a perfect beginner’s pony”. Mrs Ashe also said the horse was eight years old.

Unfortunately, the first time the customer’s 12 year old daughter tried to ride the pony, it threw her off. A vet, who subsequently examined the animal, assessed that it exhibited dangerous tendencies and was totally unsuitable for a novice rider. It was also found to be at least six years older than has been claimed by Mrs Ashe.

The second complaint came from a consumer who purchased a horse for £3,000, intended for competition work. On three separate occasions, Mrs Ashe described this animal as being eight years old. This included the description on the sales invoice and on the horse passport supplied to the consumer.

This animal was later examined by a vet, who concluded that the horse was at least 15 years old. Furthermore, investigations by TSS found that the horse passport supplied with this animal related to a different horse.

Both consumers experienced a significant degree of difficulty in attempting to resolve these matters with Sarah Ashe.

Angela Gilliland of the Trading Standards Service said: “Not only were considerable costs incurred, but both these cases also serve to highlight the risks involved when consumers put their trust in the hands of unscrupulous traders.

“Both consumers understandably felt they could rely on the knowledge and expertise of Sarah Ashe when choosing their horses. In the first case, the consequences could easily have been much more serious and it is inexcusable that anyone’s life, not least that of a 12 year old child, should be put at risk by the actions of traders.”

Anyone who believes that they have purchased goods (including animals) or services that have been misdescribed should contact Consumerline on tel: 0845 600 62 62 or tel: 028 9025 3900 or log on to www.consumerline.org

Notes to Editors:

1. Under the Trade Descriptions Act 1968 traders must describe goods they supply correctly. It is an offence to supply goods which are falsely described for which a fine up to £5,000 can be imposed. The Act is enforced by DETI’s Trading Standards Service.
2. Under the Fair Trading Act 1973 traders must not restrict consumers’ rights. A statement saying, for example, "no refunds"; "no cash will be returned" or "sold as seen" attempts to restrict the statutory rights of consumers afforded to them under Consumer Protection legislation. It is an offence to include such a statement in receipts or signage and a fine up to £5,000 can be imposed. The Act is enforced by DETI’s Trading Standards Service.
3. For media enquiries please contact the DETI Press Office, telephone 028 9052 9297. Out of office hours, please contact the Duty Press Officer via pager number 07699 715 440 and your call will be returned.