Livery given notice still not gone, help please

[ladyaga]

This livery has been a pain since moving in here, but we gave her notice, and she said a month, even though she pays weekl y[when she pays that is !!] She never comes to poo pick or feed hay to these two TB's who she told me to leave the rugs off two weeks ago, as I and some of the other liveries have all done a bit to help the horses. well I as the yard owner have cleaned her field daily for the time she has been here, and over the weekend I bought the two in as they were freezing and shivering, it was so awful to see, as usual no communication from owner, I sent two texts to her no reply. They are out today with NZ's on, on a bare field, she expects us to hay them for her, poo pick and they should of gone sat, then today, I was told this by her daughter, I have charged her £3.50 to poo pick daily for two, she only will pay me £5 a week for the two for the hay, + the £25 for DIY, and we have new monarch boxes, a lovely big sand arena, dry grazing, no mud anywhere at all. its just a joke, but not funny. I feel so sorry for the animals. How can I get rid of her, no contract, she never signed her one.

 

[skint1]

I can't help you as I am not a YO, but I just wanted to say please don't let this horrid person put you off liveries, we aren't all so bad.

 

[Smurf's Gran]

Tell her you want her horses off your land on xxxx, and that you are taking legal advice on what to do if she refuses. Maybe you could pursue abandonment and see if you could assume ownership

 

[Fools Motto]

Don't text - phone her. Has she got an item of value that you can 'hold' until she has paid in cash? Liveries aren't all bad, but this sort really riles me.
Don't let her leg it until debt in paid either!!

 

[ladyaga]

I can tell you my other people are truly lovely, and we have all looked after the two horses as if they were our own, but what a cheek she has got and what a dreadful user, and to not reply to have any thought for the animals, I just wish she could not have them anymore, as I have heard they are going to a field with no water, she had them from a racing trainer, if he only new of there predicament I am sure he would be very cross. I am happy to name and shame the lady on here, so it can be passed on for any other livery owners. I am not put off, as I have the most lovely other owners who are all very concerned, and kind and helpful.

 

[ladyaga]

Yes her tack is here still. I recon she has had full livery for most of the last three weeks now.

 

[ladyaga]

She won't answer her phone

 

[Smurf's Gran]

Yes her tack is here still. I recon she has had full livery for most of the last three weeks now.

double post

 

[Smurf's Gran]

Yes her tack is here still. I recon she has had full livery for most of the last three weeks now.

Keep hold of the tack and charge her full livery, if that is what you are providing.

I wouldn't phone her I would write to her informing her of what she now owes you, I would either hand deliver the letter or send it recorded.

This should help !!

http://hackhorse.org.uk/equinelaw/horse-law-qa

 

[Dry Rot]

Send her a bill for the full livery for the time she owes giving her 10 days to pay and send it by recorded delivery. At the end of the ten days, start a small claim. I gather you can do this on line and it doesn't cost a fortune. She will get notice of the impending action and will know that she will have to pay legal fees on top of what she owes. Keep it professional and impersonal. Do not enter into any discussion or argument. If she contacts you, say you will discuss it with her solicitor but not her.

I am a great fan of the TV series, "Won't pay, we'll take it away". Most of the time, they get their money! Calm dignified persistence wins the day.

 

[MiJodsR2BlinkinTite]

Send her a bill for the full livery for the time she owes giving her 10 days to pay and send it by recorded delivery. At the end of the ten days, start a small claim. I gather you can do this on line and it doesn't cost a fortune. She will get notice of the impending action and will know that she will have to pay legal fees on top of what she owes. Keep it professional and impersonal. Do not enter into any discussion or argument. If she contacts you, say you will discuss it with her solicitor but not her.

I am a great fan of the TV series, "Won't pay, we'll take it away". Most of the time, they get their money! Calm dignified persistence wins the day.

This ^^^^^

It might also help to "remind" her that you hold her tack AND her horse and that if she refuses to pay her livery bills that circumstances might arise where you would have the right to sell the tack and her horse to recoup your losses.......... just might give her pause for thought.

As a YO I have every sympathy with you OP. We had a livery here who - thank god - only stayed for a month, but in that time shoved her pony in the stable and b@ggered off to Scotland for the weekend and it was left to me to deal with it. So I can only imagine how awful your situation would be. Unfortunately the RSPCA and others cannot help unless the horse is actually "abandoned" (and we all know how useless they are in that circumstance ).

Think your best redress is through small claims; it might be an idea to contact the BHS helpline or have a preliminary chat with a good solicitor who has experience in this sort of thing. But beware of getting solicitors involved too early when it will be much cheaper in the long-term to do as the previous poster has suggested and basically do the stuff yourself.

Ehmm.... sorry to state the obvious; but - oh dear - WHY oh why was she allowed on the yard without signing a contract??? Not that a contract is always a great deal of help if people choose to ignore it, but it does give the YO (and the livery in fact) a framework to work from, and a degree of protection against this sort of thing happening. But sorry, not wanting to rub salt into the wound.

 

[honetpot]

Actually having no contract can work in your favour, you just have to prove to the court you have been reasonable, and if she has paid weekly, her notice is a week.
Advice I got from someone who works as bailiffs. Post eviction notices, send recorded delivery and pin them to the stable or field, saying they have fourteen days to leave, if they take them down pin them back up. After that they will be charged full livery and will go to court for the money and seize goods, ie the horse or tack as payment. Do not deny them their goods, could be classed as theft with a bit of luck they will get the message, mine did. I would have paid to get rid of her.

 

[ILuvCowparsely]

This livery has been a pain since moving in here, but we gave her notice, and she said a month, even though she pays weekl y[when she pays that is !!] She never comes to poo pick or feed hay to these two TB's who she told me to leave the rugs off two weeks ago, as I and some of the other liveries have all done a bit to help the horses. well I as the yard owner have cleaned her field daily for the time she has been here, and over the weekend I bought the two in as they were freezing and shivering, it was so awful to see, as usual no communication from owner, I sent two texts to her no reply. They are out today with NZ's on, on a bare field, she expects us to hay them for her, poo pick and they should of gone sat, then today, I was told this by her daughter, I have charged her £3.50 to poo pick daily for two, she only will pay me £5 a week for the two for the hay, + the £25 for DIY, and we have new monarch boxes, a lovely big sand arena, dry grazing, no mud anywhere at all. its just a joke, but not funny. I feel so sorry for the animals. How can I get rid of her, no contract, she never signed her one.

we had this once next door and the police were called.


I would write a letter to her informing her of a date when the horse and her equipment must be gone - failure to do this you reserve the right to enforce this matter. Keep it short and to the point

 

[neddy man]

ring her on another phone so she does not reconise the number ,tell her she has 48 hour (noon on the??May) ,or legal action will be taken ,does your livery agreement give notification that you have the right to remove her horses or sell them to reclaim costs ?.

 

[Penny Less]

Has she maybe abandoned them on your yard, as there is no contact ?

 

[ljohnsonsj]

This is terrible, I've no idea how anyone can leave there horses and just expect people to do them! It riles you doesn't it, not only the money side but you want to leave it as its not your responiblity but the poor animals are innocent and they need looking after so it's so easy for her.I don't know the legal ways but I know after so many missed payments the horses become yours and you can sell them and tack to recoup the missing money (I may be wrong)

It's people like this that gives us DIY livery's a bad name. My bills are paid for my 3 weekly, rather on or before time, everything is swept and put away and my horses are kept in top condition and standard and that applies to majority of us, a small few ruin it though. Good luck

 

[luckyoldme]

Had this at the first yard I was at. The owner sent a message to say that if they were nt removed by a certain date then they would be delivered to her home address. Luckily for the owner they did remove them before the allotted time. We were prepared to go through with it, and im sure there will be plenty of people say this is illegal blah blah blah. but it worked, its just such a shame when you know the owner will not be taking good care of them.