Legalities of non paying liveries and getting rid etc..

RHM said:
I can’t help with the legality of the various situations but I was on a yard once which was run amazingly (I would still be there if I hadn’t moved and actually cried when I left) so i thought I would share that incase it’s helpful!

They took a months livery as a deposit and you pay a month in advance. She never advertised spaces but rather it was all through word of mouth and she would only allow people on that were known to current livery’s. It did mean there was occasionally the odd empty stable but it made for a much more harmonious environment!

She only offered part livery so all feeding and turning out/bringing in was done for you (all hay and bedding included and as lib) and all the horses were fed and were out at the same times which made for a very settled environment for the horses too. Anyone who didn’t look after their horse in a way she saw fit, was told, and she would do whatever the horse needed and then billed the owner for the work done.
Not been on a better yard before or since!
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This. We are in Sydney but we do the same thing on the occasions we have taken full livery. I will not tolerate non-payers Or folk who are commercially retarded.

One month bond, plus one month livery in advance. All payments by automatic payment on 15th of the month, paid monthly in advance. You default, and it triggers termination and you have one month to find alternative livery. The bond pays for this one month. If you leave early before the month is up we refund the balance.

We accept credit cards, Zip Pay and Afterpay as well so that there are no excuses for not paying. We have never had to do this though as the clarity of conversation upfront keeps things straight.
 
teddypops said:
They must have had a clause in the contract to allow them to this legally or maybe they just don’t care.
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Is there any proof the YO took the horses to sell without permission though? I used to be at a riding school and anybody who ran up a few months debt was told to pay up in full or hand over the horse to the yard. A lot in this situation chose to hand over the horse because they had fallen into a situation where they could not afford to own a horse any more but were not facing up to that. Safe and sane ponies ended up in the riding school and anything else was sold to recoup the debt but the yard owned them at time of sale.
 
Also a civil case was brought against him for shooting 3 other horses including a pregnant mare in similar circumstances. But I don't know the outcome.
 
fredflop said:
I’d imagine horses to settle a livery debt have to go to auction so it’s “public” and the results can be seen
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Not if the contract says they can be taken in lieu of livery payment. Only if seized as a result of a court order. I bought one once, they hadn't paid the vet bill and it was my vet, so I was confident it was fixed.

.
 
neddy man said:
All i can say is numerous times it has said in the catalogue " for sale to settle livery debt"
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Yes it does but the seller *owns* the horse or the auctioneer would not sell it. A friend bought a pony which had been handed over to the YO to pay a debt. The pony had stayed on the yard and bred a foal before she was sold. All was above board, the original passport was handed over with the pony, who was sold from the yard. Sometimes it is more expedient to sell a horse by auction rather than having to show it to prospective buyers..
 
criso said:
The yards I've been on have held a month's deposit like you would on a flat. That way you have a month chasing someone if they don't pay before you are out of pocket.

Get it back when you leave or in some cases they let you put it towards your last month when you give notice.
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When I ran a yard this is what I did and I never let anyone owe anything you paid or you left simple.
 
Exter and Newton Abbott sales have had numerous horses sent through to settle livery debts, stated as such in the catalogue. Last one I saw was last summer, and going back for at least the last 15 years.

And the local livestock market disposed of a flock of sheep last year to cover non payment of field rent! No idea how that worked with the holding numbers things you need for livestock but they sold alright.
 
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