Anyone brushed up on law?

[sunnyrider23]

Hi all! New to this forum! Yet to introduce myself properly but need a little help from you lovely lot if possible first. Long story short.....

We have recently left a livery yard, we were actually turfed off for several untrue reasons but because we wanted to leave the yard anyway we didn't bother putting up a fight (the yard owner proved to be quite aggressive in her nature when called out on her lies) not to mention she said she had access to more land than she did and ended up keeping 4 horses (14-16hh) on an acre and wouldn't move them on!
Anyway, she messaged saying we'd get our deposit back within a week and even though it's a small amount, on principle for how she's treated and portrayed us, not to mention it's a signed agreement, I want to make sure I get it back. If she doesn't pay, what are my options for getting it back? Can you also take action against someone who makes false accusations to make you leave and also on improper care for horses needs? We would end up looking after all 4 of the horses by topping up their water buckets in the field as they were constantly empty! No hose up to field either, had to just carry buckets up. YO lives on site and works 1 day a week... Any help greatly appreciated

 

[Jambarissa]

In terms of the money you can send her a letter asking for payment and eventually take it to small claims court if it's worth the hassle to you. You have the text evidence so would win.

In terms of bad mouthing you there are plenty of legal avenues for slander etc but really that is far too much hassle unless it has a measurable impact on your life eg you are a riding instructor who has lost clients.

In terms of horse care the bar is very low, unless they were left without food and water for several days nothing would be done, and it would have to actually happen not just 'it would have happened if I hadn't stepped in'.

 

[Glitter's fun]

Hi, welcome to the forum.
The only thing I'm brushed up on regards lawyers is that once you get them involved the lawyers are the only ones to come out of it well.
Walk away and keep on behaving reasonably where you go next. This yard owner wont only do the dirty on you & then be a saint the rest of her life. Both your reputations will settle out to something near the truth in time.
Regards the money, keep records of all your contacts - livery agreement, her notice to you to quit, her message saying when your deposit will be returned, any further correspondence or late payment letters you send. If it becomes necessary a Small claims court action can be filed by you directly, without lawyers, all you need is a good paper trail.

 

[sunnyrider23]

Thank you both, useful to know and really appreciate yoyr responses. I'm guessing with small claims I would have to pay for that, but would I be rewarded costs if I win? I have messages stipulating when I would have the refund and a photo of the contract too which also says the deposit would be refunded upon end of contract. It is a small amount, but on principle I don't want to just let her have it.

 

[fidleyspromise]

With small claims there is a small fee to pay.
No lawyers are required for small claims settlements.
both sides generally pay their own fees.
Lots of people say they have won but didn't get their money back. It depends on whether it's worth it to you with the time and stress it could end up being.

More info here: https://www.gov.uk/make-court-claim-for-money

Are the false accusations spoken or in writing? That varies whether it is then libel or slander.
Slander is where you need to prove you have had financial loss specifically due to the slander. (You can't just say you are a riding instructor and lost clients and financial income due to the slander. You would have to give evidence that you lost income specifically due to person saying xyz).
With libel you need to show it has caused serious harm to your reputation and can get compensation.
There are more nuances within it than this.

 

[Fieldlife]

It is probably worth if deposit returning in expected timeframe sending a formal letter by recorded delivery stating money owed as agreed in writing deposit would be returned, and giving notice of intention to take to small claims court if money not received in next 30 days. Whether you do then take to small claims court is up to you, need to decide if cost effective for the amount. Might intimidate them in to paying what is owed.

 

[sunnyrider23]

Thanks everyone, appreciate all the advice and help! Hopefully my next post will be a more positive one to the horsey forum