After investigation by the police, the case has been closed with no further action - SEE BELOW
After investigation by the police, the case has been closed with no further action - SEE BELOW
Fred Scala agreed to sell his horse "Rouge Angel" for £70,000 via a well known horse agent. He then insisted that the horse must be returned to him at the end of its competitive life...at no cost to Fred.
He then insisted he wanted to take embryos at the end of the horses competitive life.
He then insisted he wanted to take embryos every year starting immediately.
He insisted this is an obligation that must pass to any future owner of the horse.
Reluctantly he backs down and agreed to no breeding rights.
The horse was vetted and passed.
A £3500 deposit was paid.
Fred then insisted that the horse must be paid for immediately and picked up immediately. The Purchasers explained that they are unable to pick up immediately but would try to move diary commitments to pick up the coming weekend.
Fred insisted this is not good enough and wanted paying immediately and would arrange for transportation.
Purchasers advised they would pick up at the weekend.
Fred the contacted the agent and advised he felt that at some point in the future, the purchasers may sue him and he would rather just repay the deposit AND the vetting fees.
The Agent contacted the purchasers and explains Freds position so the purchasers agree to Freds wishes.
The Agent contacted Fred to confirm.
Three days later Fred sent a letter advising he is keeping the deposit as the purchasers have reneged on their contract to purchase Rouge Angel and he has suffered "damages".
The Purchasers immediately emailed Fred that he was the one who told the agent he wanted to pull out of the agreement and that he must return the deposit.
No reply from Fred so lawyers instructed to proceed with legal action.
Fred contacts the police and makes a very serious false allegation that he is being blackmailed for £3500 but purposely misleads the officer that in fact the demand for the £3500 is simply a refund of a deposit paid for a horse that he did not wish to complete on the transaction.
Police interview the purchasers and importantly contacts the agent who Fred confirmed his wish to withdraw from the sale and the agent advise that this was correct and Fred was not telling the truth.
The police advised the purchasers that this is clearly not blackmail and is a civil matter and apologise for any inconvenience.
The police contact Fred Scala and advised that they are closing the case with no further action.
Apparently Fred was disappointed.
Dear Mr Scala
I have been instructed by Miss ***************concerning the contract to purchase Rouge Angel of 20 November 2023.
A contract with a minor which does not relate to necessaries is voidable by a Minor before she is 18. For any avoidance of doubt Miss *********** elects to treat the contract as void. This means the deposit and the vetting fees of £4533.91 should be paid forthwith to Account
******* Ltd
3********4
0********1
Further you made an offer on Sunday 26th November to our client’s agent Miss*************** by telephone that you preferred not to release Rouge Angel and would repay the deposit and vetting fees. This offer which will be supported by witness statement evidence from Miss ******* was accepted by Miss ************ father in writing on 29 November 2023.
This followed a series of demands by you for breeding rights and demands that the horse be picked up straight away.
Please confirm to me within the next 14 days that payment has been made.
Yours Sincerely
Jonathan Sachs Partner
T +44 (0)20 7783 3646
M+44 (0)7422 072525
W www.bdbpitmans.com
For and on behalf of BDB Pitmans LLP
One Bartholomew Close, London EC1A 7BL
Fred
Copyright © 2023 Fred - All Rights Reserved.
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