help needed for non payer

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libby0704

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Hi

Im new on here and new to horse ownership and have probably commited the worst sin but I sold my horse to a lovely lady 6 months ago and kindly agreed for her to pay me monthly by standing order but the last apyment hasnt gone into my bank and ive tried to get in contact but to no avail .... any suggestions????

please no telling me what a fool I was, lesson learnt lol
 
If you have an address for the purchaser then send them a letter by 'Royal Mail Special Delivery' advising them that you have not received this month's payment and could they ensure that it is paid to you within the next 5 days failing that you will be instructing solicitors.
 
libby0704 said:
Hi

Im new on here and new to horse ownership and have probably commited the worst sin but I sold my horse to a lovely lady 6 months ago and kindly agreed for her to pay me monthly by standing order but the last apyment hasnt gone into my bank and ive tried to get in contact but to no avail .... any suggestions????

please no telling me what a fool I was, lesson learnt lol
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Do you have a signed legal contract about this?

If so then try and contact her again, give it a few days and if nothing at all, send her a formal letter, then if nothing still you can have the opition of police (Ithink) and legal action.

Don't beat yourself up, bad people are everywhere, and at one point I was going to pay in installments when I really liked a mare who was a bit out of my price range. Long story short didn't get her, but people are trustworthy :)
 
Will defintly do that ... thanks ever soo much


PeterNatt said:
If you have an address for the purchaser then send them a letter by 'Royal Mail Special Delivery' advising them that you have not received this month's payment and could they ensure that it is paid to you within the next 5 days failing that you will be instructing solicitors.
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Dont beat yourself up most people are decent if the other party has been paying a standing order your bank will have their details which is a way to track them down, do you have a contract inwriting? Do you have an address? and then send solicitors letter or Debt recovery agency you could always sell the debt to a recovery agency. GOOD LUCK
 
I have been contacting her since Thursday by phone, e mail and funnily enough she took me off her facebook friends.

No I have no legal signed contract but I do have saved letters/ emails stating our intentions





sitch said:
Do you have a signed legal contract about this?

If so then try and contact her again, give it a few days and if nothing at all, send her a formal letter, then if nothing still you can have the opition of police (Ithink) and legal action.

Don't beat yourself up, bad people are everywhere, and at one point I was going to pay in installments when I really liked a mare who was a bit out of my price range. Long story short didn't get her, but people are trustworthy :)
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libby0704 said:
I have been contacting her since Thursday by phone, e mail and funnily enough she took me off her facebook friends.

No I have no legal signed contract but I do have saved letters/ emails stating our intentions
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Contract would have been better, but too late. Letter/emails are good enough though!! It means you are in a better legal standing then her, as she has agreeded to it.
 
If I have heard nothing by Tuesday will send email threatening solicitors... thanks x



sitch said:
Contract would have been better, but too late. Letter/emails are good enough though!! It means you are in a better legal standing then her, as she has agreeded to it.
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You can go to CAB and get their advice. Id Send her a letter via special delivery. If no avail talk to the police or solicitor.Maybe a solicitors letter will make her think twice about scamming you.
 
libby0704 said:
If I have heard nothing by Tuesday will send email threatening solicitors... thanks x
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Personally if I was you send an email detailing that you haven't been paid, keep it non-threatening at first, and then if no reply within 24 hours send her another one talking about the solicitors. If no reply, then elave it, that way she can't try and call it harssament or anything.

Also send a copy fo the email in a letter by recorded delivery, that way she has no reason to say "I didn't get anything.' Any email you send from no on try and get a delivery report on (I know it's possible, just not sure how), that way you know she has recieved them. Any phone calls don't delete from your phone, keep all your evidence tight. Keep a detailed list of what has been sent, print all emails and letters off and keep them together in case this gets to having to be brought to solicitors.
 
I just feel a fool



Hairy Old Cob said:
Dont beat yourself up most people are decent if the other party has been paying a standing order your bank will have their details which is a way to track them down, do you have a contract inwriting? Do you have an address? and then send solicitors letter or Debt recovery agency you could always sell the debt to a recovery agency. GOOD LUCK
Click to expand...
 
OP - WHY??

You need to get to a solicitors TOMORROW!! I assume you have the address - If it was my horse then I would would driving to her house with horsebox.
/trailer and taking the horse back.

You must act now - The very fact she has removed you from facebook screams SOMETHING is very WRONG.

I am hoping you can get this sorted xx
 
I wouldn't bother with CAB. How much is she supposed to be paying? Think if it's under £5k you can go via small claims court and if more, you can do a similar thing: Heres what you should do

1) Contact her via email AND letter (ie type up the letter and forward to her via email and post) advising the money has not come through and you expect it within xx days from the date of the letter, otherwise you will be pursuing collection through court

2) If you have received no payment, go to https://www.moneyclaim.gov.uk/web/mcol/welcome and complete an online form to start proceedings. If you have email evidence that is more than enough.

Don't feel stupid or silly, we all assume people have morals. I used this service for an ex boyfriend who used my account to take out a credit agreement, on the understanding he would pay me the monthly payments to my account. After a couple of months we broke up and guess what? He cancelled the standing order! Suprise suprise. This online thing is a step before having to actually go to court. If you win, they will have to pay the fee (may be worth mentioning that too). Its a way for the courts to try and deal without actually going to court. However, if they deny knowledge it will have to go to court.

PM if you have questions - unfortunately I'm an expert!
 
How can people be so nasty?
Obviously she like the horse and was paying you so why stop at the last payment.

Go for the advice mentioned above, letter sent recorded then start money claim if no joy.

I hope you get it sorted quickly
 
OP you are not a fool...
You trusted this person with the same morals that you have (because you are a good person). She has taken advantage of your generosity... To now take to 'p'.
Try not to dwell on the what ifs... You are where you are, and the positive you can take from this is that you will learn from this and it won't happen again.
There is great advice on this thread for you to take positive steps to secure the final payment.
And if she's got half a brain she'll cough up sharpish.
Chin up, and good luck... Nail the stupid c0w :-)
 
Did you give her the passport, I suppose so, but imho you are still the owner of the horse, so as long as you have a record of payments to date, which you do, and a record of agreed sale price, you can go and collect it, in theory.
Do you know where it is and current status, livery or what.
 
when you say last payment do you mean the final payment or the payment that should have gone through last time hasn't actually happened?

the recorded letter is a good idea and make sure you print off any contact with her, right back to the start if possible so that you have a record of it.
 
Passport, as frequently pointed by the legal bods on this forum is not evidence of ownership. At all!.

You don't say how much is left outstanding. Also I would suggest you don't jump in agressively first time round. She may be having some financial problems and finding it hard to pay. Please note I am NOT excusing her behaviour but if she is having issues then going hard at her immediately could make it more difficult to get your money back. The advice on here on how to contact is spot on. I would go to CAB first to check your wording before you send any correspondence (and they are free) and ask if they think you should suggest a conversation about working out payments is appropriate. If nothing else, if this does go further, you are demonstrating you have tried to work out an alternative. Did you write out a payment plan? or anything saying the value of the horse, time of payments?

Finally, if all else fails, then I would be inclined (if you can do this), to get the money together that she has paid you and say you are coming to collect the horse, have the monies she has paid you and will be collecting the horse on said date and take big friends to act as back up (not threatening, just moral support)
 
Luci07 said:
Passport, as frequently pointed by the legal bods on this forum is not evidence of ownership. At all!.

You don't say how much is left outstanding. Also I would suggest you don't jump in agressively first time round. She may be having some financial problems and finding it hard to pay. Please note I am NOT excusing her behaviour but if she is having issues then going hard at her immediately could make it more difficult to get your money back. The advice on here on how to contact is spot on. I would go to CAB first to check your wording before you send any correspondence (and they are free) and ask if they think you should suggest a conversation about working out payments is appropriate. If nothing else, if this does go further, you are demonstrating you have tried to work out an alternative. Did you write out a payment plan? or anything saying the value of the horse, time of payments?

Finally, if all else fails, then I would be inclined (if you can do this), to get the money together that she has paid you and say you are coming to collect the horse, have the monies she has paid you and will be collecting the horse on said date and take big friends to act as back up (not threatening, just moral support)
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CAB might send you to see a solicitor,they did with me over the loan pony I have. So phone or go see CAB explain to them and take it from there.They will more than likely arrange a solicitor for you. Keep a COPY of ALL correspondence etc. (I did,all emails). Print them out and keep in a file for future use.Hope all goes well.
Hope you get it sorted ASAP.How many payments are left?????
 
If it's only £100 you don't need the cost of a solicitor, go to your local county court and get the paperwork on how to file a money claim, (you should be able to download this but the court staff will normally be fairly helpful).

Send a formal letter giving her 14 days (not 5, you have to show you have been reasonable) and that after that time you will take legal action.

If still no money, complete the forms using the guidance notes provided by the court. Pay the fee, (don't forget to add the fee to the amount you are claiming from her and 8% interest from when the £100 was due), and take/post it to the court. If she still doesn't pay, she will receive a CCJ and you can enforce it.
 
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