can i claim back my livery deposit?

[Danny and Duke]

Hi, help needed, i have recently left my old yard, as things were getting a little stressy! we had a total of 2 contracts one stamping out the other, the last one we had to sign, but i was given no copy after asking again and again, anyway a long story short, claims to state a month notice to be given when leaving(thats fine of course) and has to be done on the 1st of the month or you wont be given it back, we gave it on the 4th because it was unbearable to be there, we asked for the deposit and were told no because of this,etc etc.... but then received a TEXT message to say she wanted/asked us to leave , does this mean now they are in breach???? as we left straight away because of this, can we claim, a little upset as everything kept changing and basically paying 2 months for 4 days., contracts etc, wanting a deposit etc, things dont add up xx

 

[Shay]

The problem is - how would you enforce it? Is it really worth your while going to the small claims court? And even if you did would they pay up if you won? Far better to just get away from a bad situation and be grateful it wasn't worse. Yes it leaves a bad taste. But you are OK and the horse is OK (hopefully!) and you are out of a bad situation.

 

[abbijay]

I would speak to the CAB and look to proceed with small claims court if they do not respond to formal letters.

 

[alainax]

If your contract states notice has to be given by the first, and you gave it later than this, it could be argued that you were giving notice for the following month, as the current month had already commenced.

So you paid for July, then have notice of your departure part way through July. This being technically the notice for August. You are not going to pay August, so they will keep the deposit.

The argument against this is that the contract terms are unfair and giving one months notice should be suffice. Then technically you would owe until part way through August. But you signed the contract and it would be a bit of a tough one to argue.

What is said after the termination of the contract is of little use.

 

[WelshD]

If you handed your notice in after the start of the month then you will lose that months livery but you should get your actual deposit back unless the YO has a compelling reason to withold it