Gold (Whisper) chipnumber 380271006087740
In the spring of 2021 we came across a beautiful 5-year-old gelding via the ehorse site. It was offered by Frankies Ranch for €18,000. A beautiful horse. We came into contact with Mrs. Julia Mettjes (nowadays Mr. Mettjes because she has been converted into a man) who, together with her partner Kim, operated a beautiful horse farm. We were allowed to visit and were welcomed at a truly beautiful farm. There stood Whisper. We immediately fell in love with him and he with us. The sale was concluded on the condition of a 100% approval bij a recognized and certified veterinarian. We wanted a healthy horse for the amount agreed. The horse was examined by a German doctor (organized by Frankies Ranch). We were told by telephone that the horse was completely fine. The examination papers were given to Julia and Kim because the doctor could not email us directly.
Because the horse was completely healthy according to Julia and Kim (they sent us a voice message telling us the good news), a date was agreed to have Whisper delivered.
The inspection report and photos were emailed. (but not the X-ray report with the doctor’s comments!!)
Whisper was brought in a week later, we were so happy with him.
We started working with him carefully. Every week we increased the intensity of the training,
After a few weeks we noticed that he was having some difficulty with the training. Particularly in his rear legs
To be sure, we had a horse doctor look at it. He couldn’t find anything in his rear legs
On his advice, we gave Whisper a few weeks of rest
The rest was good because we were moving to a larger farm. He was going to have a great time there.
After a while we started training again. Started very cautiously. But after a few days he was lame again
That wasn’t right. That’s why I made an appointment at the horse clinic in Wolvega. One of the best clinics in the Netherlands. During the examination, the doctor already noted irregularities. he suggested having x-rays taken. While the preparations were starting, he would already be looking at the photos that had been taken in Germany. After 15 minutes the doctor came back and had bad news. On the photos from Germany he noticed problems with Whisper’s radius legs. Based on those photos, the doctor would already disapprove him for (recreational) horse riding.
To be sure, have x-rays taken. but these photos also showed the major problem. Whisper would not be suitable for horse riding. How could the German doctor have overlooked this?
We reported to the German doctor and asked him about his findings. Only then did it become apparent that he had also made comments about the radius legs. although not disapproved, but comments. He had given those papers to Julia and Kim!?
We confronted Julia and Kim with our findings. And she immediately denied it flatly. It wasn’t true. We had seen it wrong and perhaps acted wrongly. There was nothing to talk about.
What were we supposed to do? We then made the best choice and were guided by the best lawyers in the field of consumer law and horse law.
The purchase was annulled just within the 6 month limit. We had not received what was promised by the seller.
The correspondence started, but Julia and Kim never responded. We had no choice and we had to start legal proceedings. We decided (fortunately) to start the procedure in the Netherlands. At the Assen court.
It became a long and drawn-out lawsuit. Our patience was greatly tested. Julia and Kim never asked about Whisper’s health. Of course, all costs to care for Whisper continued. And the legal costs are even higher. We are so happy with the support of our lawyers and ARAG.
We went through the entire procedure step by step. Sad for Whisper but also annoyed by so much injustice
The judge ruled on our claim in 2022. And Frankies Ranch, and jointly and severally responsible, Kim and Julia/Frankie were ordered in absentia to take back the horse and repay the purchase price and pay the additional costs.
Taking the objection periods into account, an objection was suddenly raised and months later a court hearing was held at which we and Julia/Frankie and Kim had to be present.
the Dutch judge was quite clear and succinct. All documents showed that the horse was not good at the time of purchase and that we had no way of knowing that. and that Kim and Julia/Frankie knew about it.
the judge asked Kim and Julia/Frankie if they wanted to take advantage of the opportunity to reach a settlement. He emphatically said that he thought our evidence was very clear.
They didn’t want to use that.
So wait again for the results. weeks later the results came. We were proven right on all counts. They had to take the horse back and pay the costs.
And then it turns out that winning a lawsuit is one thing, but getting the verdict carried out is another
With the help of our insurance company, our Dutch and our German lawyers (all top notch), we were able to get the other party to repay the entire amount with a payment arrangement.
op 7 maart 2024 (na 2,5 jaar procederen) is Whisper opgehaald. De zaak is daarmee gesloten. We hebben gewonnen, maar we zijn niet blij.
Whisper was picked up on March 7, 2024 (after 2.5 years of litigation). The case is therefore closed. We won, but we are not happy.
Because what will happen to Whisper. Will it be sold again? Someone else will be the victim. Or is something bad going to happen to Whisper.
We do not know. We hope our story informs any potential buyers of Whisper about his irreversible physical issues. We hope that Whisper finds an owner who wants to care for him. That can’t be anything more than a pasture buddy.
see the judgment (in German).
see the pictures.
Be warned
This story is not a story from the owners of Frankies Ranch. Its a story from clients.