Advice re livery owners behaviour

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Chukk

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Hi, I'm looking for advice regarding the behaviour of a livery owner.
A horse was moved into the stable beside mine at a yard. The partition between the stables was only 6' high and this horse kept trying to come over the wall at my horse, trying to bite it etc. I raised the issue with the livery owner after my horse started kicking the wall due to the other horse. Despite other stables being free that were suitable for this horse the owner refused to ask the livery to move. I suggested putting up a divider on the wall and other solutions but the livery owner refused. Eventually my horse became lame from kicking the wall and all my pleas to the livery owner were ignored. I decided to move yards and told the livery owner of this. She then told me to get off her yard immediately. I left asap and informed the livery owner that I was not paying the outstanding bill (£77) until I had my horse vetted due to the injury and I was refusing to pay for the week of livery when the problem started due to her service not being up to the standard I was told the yard upheld. Since then she approached my partner in a shop discussing the bill and demanding payment causing my partner embarrassment in a shop he uses everyday.
I have now received a letter from a debt collector addressed to me at my new yard, causing me embaressment and the new livery owner qasnt happy at recieving this to his address, even though I gave my address to the owner has she had threatened me with her solicitor.
Can anyone advise as to my legal position. Thanks in advance.
 
Have you checked that the debt collector's letter is genuine? It wouldn't be hard to knock out something which looked legit on today's technology. Debt collectors don't usually get involved until after a court judgement. And how did they know what yard you were going to? I wouldn't have told anyone that for a start.
 
Unfortunately you owe her the money for the livery but obviously nothing for leaving without notice as she told you to leave immediately.

If by any chance this went to small claims court you will need to explain why you didn't mitigate your loss by not moving your horse as soon as you noticed the problem with having the new horse next door. (It would help if you were told you couldn't).
 
I highly doubt someone would get a debt collector for £77 so it must be fake. That is a form of harassment i'm sure. I would ask a solicitor for advise if you want to fight on principle, but for the amount of the bill it could easily just be paid and move on.
 
Wow that YO sounds like an absolute dream!

Firstly I'd speak to your new YO privately explaining the whole situation just to keep things straight between the 2 of you.

Then I'd see if the debt collection letter is real (it sounds fake). Then I'd put something in writing to the previous YO explaining why you haven't paid - send it recorded delivery - and also advise that if they continue to harass other people (your OH and your new YO) that you will take the matter further. Re-iterate your contact address and state that you will only deal with correspondence that is sent to you at the correct address.

The worry is that this YO will spread lies about you around the area making you appear to be a bad livery which could affect you in the future. I know it galls but it may be worth it to pay the £77 to make it go away.
 
What was the outcome of the vetting?

The best thing to do would probably be to pay the livery owed for when you were in situ and if you feel you have a claim due to injury suffered by your horse, treat that as a separate matter. Although, unless you have evidence of the discussions between you wrt your horses safety and well-being, I think you'd struggle to prove liability. The harassment (and possible defamation of character) is a third matter and worth speaking to a solicitor about.
 
Let her threaten you all she wants.

She knowingly endangered your horse to the point of physical injury and made no effort to resolve the issue before it reached this stage even though she had the resources to do so.

She's being a bully. Next time she tries to publically threaten you or your partner, respond clearly and calmly the facts behind the o/s bill and that if her behaviour persists you will hold her liable for vet fees incurred to treat your horses injury caused by her contravening the Animal Welfare Act.

Although you have no obligation to respond to the Solicitor letter, I would write and inform them of your case against the YO. If the solicitor has any sense they will tell her to get a grip.

Regarding the debt collector letter, explain to new YO what happened and that this woman is harassing you, that you have provided your address to their Solicitor and therefore any further letters arriving to your new yard are solely the choice of the old YO to sabotage your horses residence where it is now and apologise that her behaviour is sadly out of your control.

I'd ignore the debt collectors, if the letter is real, they don't hold any real power over you. They bought a debt without your knowledge or consent and you have no contract with them, therefore no obligation to pay them.
 
Your yard owner had 'A duty of care to you and your horse'.

Make sure you record all the vets visits, expenses etc. to get your horse sound again and then make a claim from the yard owner through the 'small claims court'. which can be done on-line.
If you require legal advice then here is a list of specialist equine solicitors.

SOLICITORS – EQUINE
Deborah Hargreaves
Edmondson Hall Solicitors and Sports Lawyers
25 Exeter Road
Newmarket
Suffolk
CB8 8AR
Tel: 01638 560556
Tel: 01638 564483
E: solicitors@edmondsonhall.com
E: ah@edmondsonhall.com
www.edmondsonhall.com/page/1r6ef/Home/partner.html
Wroyte an article on The Legal pitfalls of Buying and Selling Horses

Actons
Tel: 0115 91002200 Caroline Bowler

Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
01865 811712
Fax: 01865 811 777
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk

Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196 (Specialises in traffic accidents involving horses)
www.horsesolicitor.co.uk
info@horse solicitor

Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk

Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
Fax: 0117 986 8680
enquiries@richmonssolicitorsco.uk

Jacqui Fulton
Giselle Robinson Solicitors

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters

Horse Solicitor
Tel: 01446 794 196
info@horsesolicitor.co.uk
www.horsesolicitor.com

www.laytons.com

Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com

Arnold Thomson
205 Watling Street West
Towcester
Northants
NN12 6BX
Tel: 01327 350266
Fax: 01327 353567
www.arnoldthomson.com
enquiries@arnoldthomson.com

Tozers www.tozers.co.uk

Eleanor Temple Barrister from Kings Chambers in Leeds
Tel: 0113 242 1123
www.kingschambers.com
 
Well your nose must be wrong this time as this is a real post, real problem and real worries. Thanks to all others who replied with sensible answers.
 
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