Deposit not returned on lwtb horse

[chaps89]

Hi,
I am keeping this deliberately vague incase I do end up having to take legal action- therefore please do not ask for further details!

Short story- horse on trial, half money paid upfront, half to be paid at end of trial if both parties satisfied or money to be returned in full if horse returned. Horse returned (at my request but with owners agreement) Told money would be sent, it wasn't, after much chasing when it was finally received the cheque has bounced.
A month later she has the horse and I am significantly out of pocket.
No written contract in place but texts saying money will be sent & witness to verbal conversations (at time of viewing horse & phone call made to return horse)
Planning to send a letter recorded delivery as a final request, with the intention to go to small claims if that is unsuccessful.

Can some-one tell me if they've ever done this and how successful it was?
And can anyone draft a rough letter/give pointers on what to include please?

Thanks in advance

 

[Booboos]

I think your approach is right. Recorded delivery letter, just state the agreement, that the check bounced and give 7 working days for receipt of the money outstanding. If you don't hear anything at the end of this take them to small claims court, it's a very simple process. The only worry is that they may lose the case but still be unable to pay so it depends on the sum of money involved.

 

[Toby_Zaphod]

As above with the threat of Small Claims Court. If the money is not transferred to you then Small Claims Court action to be taken. It's easy to do, cheap as well & all the details are on line. They have actually committed an offence by bouncing a cheque on you, it's criminal deception, but it will greatly help your case that they've done this. It shows dishonesty on their part. Getting a judgement is one thing, getting the outstanding money is another. Depending on the amount involved you can get either Baliffs or High Court Sherrifs to collect for you for a relatively small fee. That's a litle furter down the road though. Good Luck.

 

[Exploding Chestnuts]

I sent a "letter of action" to one of my ex customers, this did result in some cash, I still have the option to go to court.

They will also have been charged by the bank for their trouble.

 

[Spottyappy]

We have used the small claims court several times with success.
Several threats to go to court for non payment of services, have also produced funds without the need for court.
When you send a letter, you need to give a clear deadline for them to pay,I suggest 10 -21working days max. 10 is good but to be fair should they genuinely be on holiday, it doesn't allow for that scenario.the fact they sent a cheque which then bounced,is also in your favour.