legal way to get rid of non paying livery

[julietodd]

I have a problem with an inherited diy livery client who has her ponies turned out at the moment but owes 4 months rent. She sends her 14yr old daughter to look at them and will not acknowledge any messages from me. I would obviously like to get rid of her but not sure what to do. I do not have the ponies passports and I cannot bring myself to just turn ponies loose out of field. Any suggestions?

 

[RunToEarth]

No turning them loose out of your field would be extremely foolish and probably cause some kind of accident!! Seek some legal advice perhaps?

 

[mattilda]

Could you not send a written message via her daughter threatening legal action if she does not start to make payments.
Putting it in writing will start to make it more official and you can give her a certain length of time to contact you before you do talk to a solicitor.

 

[tasteofchristmaschaos]

Contact the BHS - they are the specialists at this type of thing and will know the correct way to proceed.

 

[starsky]

Write her a letter recorded delivery so it is signed for when received so you know she has it. Say that unless horses are removed by xx date you will be taking horse a in lieu of payment (list payments owed) and will be sold to cover costs.

They did this at a previous yard I was at and horse was gone by the weekend.

I think from her point of view she maybe is thinking 'free' livery and doesn't think you will get tough............

 

[merlinsquest]

Send her small claims court paperwork saying how much she owes and saying that you will take her to court to recover the costs...... she would also be liable for the court costs.

Whatever you do, dont let her go without paying you.... people should not be allowed to get away with things like this

 

[Irishcobs]

Where are you Sootymum. We had a livery that sounds just like them and I wonder if it is the same person.
We had to cut our looses and just kick them out, we never got the money from them and they owned us alot. We tried everything we could but they knew the law very well.

 

[Bosworth]

you cannot take the horses in lieu of debt so thats a no no. But you can take her to small claims court for the debt

 

[genie]

Always thought you could take a horse if the livery wasn't paid up etc as long as there was some sort of contract in place???....What about when race horses are sent to auction cos of non payment of livery.isn't that the same?...Please put me right if I am wrong here.

 

[imafluffybunny]

I would speak to a soliciter about your rights before you do anything. The first conciltation is usually free.
Dont do anything hasty as you could end up in trouble.

 

[Ravenwood]

have a word with the Citizens Advice Bureau if you are in a rural area. Most of their volunteers are retired solicitors and a wealth of knowledge.

I wouldn't sent a written letter via the daughter but post it recorded delivery to their home address as suggested above.

How awful for you being taken for a ride

 

[PeterNatt]

You would be ill advised to turn the horses loose as you would be responsible for any damage caused to them and anyone else.

Your best course of action would be to consult a specialist equine solicitor showing them any contract that the livey had with the previous yard owner and your present contract with them. They will then be able to advise you of the course of action to take and how much it will cost.