My livery yard owner wont refund my deposit

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jodie1306

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Hi guys,

Not sure if anyone can advise me on this subject.

I have been stabled at the same yard for over 13 years. 3 years ago the lady who owned the yard sadly passed away and her neice inherited it.

A new contract was issued in January of this year and the new owner asked us to not only pay our livery a month in advance but to also give her a months livery as a deposit for each horse we owned.

I was given notice to leave in writing on 30th March 2010. It stated that I had 4 weeks notice, but to date, i have not been given a reason for the notice :confused:

Luckily I have found a lovely new yard and moved my horses on 16th April. I tried to make arrangements to pay my part livery of 16 days and get my deposit back but the YO is now refusing to give me my deposit back, stating that the notice is 4 weeks and she wants paying for the entire 4 week period, regardless of the fact that I have left 2 weeks earlier.

The actual wording in my contract states that "4 weeks notice is required to terminate the livery contract from both parties" (Livery owner and Livery client). It does not state that this is paid notice, nor does it mention anywhere that my deposit is non refundable.

I'm really confused as to what to do next.

I moved my horses quicly because previously the new YO took a horse on to the main road and let it loose as she had asked its owners to leave the yard and only gave them 4 days notice, even though they had signed the exact same contract as me !

How do I go about getting my money back, if I am entitled to it of course ?

Any help/advice would be greatly appreciated.

Many thanks,

Jodie & Herbie
 
How much was the deposit you gave? Was it a months livery? If it was, as far as I can tell, you would only be entitled to half of your deposit back, to pay for the 2 weeks your horse should have been there and wasn't. If you signed a contract saying you had to give 4 weeks notice, that means you have to pay for those 4 weeks regardless of if your horse was there or not.
 
Correct me if I am wrong but if you paid your livery 1 month in advance and gave a months livery as a deposit then surely you are entitled to atleast one months livery back if not both? Unless you had 1 month of not paying?

Did she state why she needed one month livery as a deposit ie damages etc???

I would try and get some legal advice or speak to another yard owner.

Im probably not the best person to respond but those are my thoughts!

What a nasty piece of work, I certainly would want an answer for why the notice was served! Epsecially as you were a livery for 13 years!!!

Good Luck x
 
Sounds like you should definately be entitled to at least your deposit back. Are you in the BHS? Their legal helpline would be a good place to start.
 
Sorry, just read the deposit was a month.

Because of the contract you should have paid for the full 4 weeks regardless of whether you stayed there or not. Do I think she should really only keep the as much of the deposit that would pay for those 14 days and give you the rest back.


I'd call the BHS legal helpline if you're a gold member
 
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Hi ya, thanks for your replies...

She did not state why we needed to pay deposits, she just decided she wanted deposits from all of us !

As yet I have not paid her April's livery as I did not know when I was going to be leaving. I wanted to move quickly to ensure my horses were kept safe after she done what she did to the last person she asked to leave...

It does state in my contract (if you can call it that) that "This agreement will require a four weeks notice if either the horse owner/keeper or Downs Farm Livery is to terminate this contract"

I'm glad I have moved as all the fields that are used for grazing are infested with ragwort and she wont pay out to have them sprayed. I'm just a little cheesed off that she gave me no reason as to why I had to leave and now she wont give me my money back... :mad::mad::mad:
 
As I understand it:-

- they gave you 4 weeks notice to leave in writing
- you left before this time having found a suitable replacement

As they gave you 4 weeks notice, you have every right to your deposit back and you have it in writing they asked you to leave.

Therefore write a simple letter, explaining as they have given you notice, this does not mean they are entitled to remuneration for the full notice period, but it does mean you had to vacate the livery yard within this notice period which you have duly done.

If terms are bad, then I would state that you would like a refund of your deposit within say 2-4 weeks and after such time you will be referring the matter straight to the small claims court.
 
I'll try that CotswoldSJ :)

Honestly, it broke my heart to leave. One of my horses is 23 and I really didn't want him to have to go through the stress of moving, but he seems to have coped well with it all..

The woman is a law unto herself. Having witnessed her being nasty to the other animals I had to move mine asap. It drove me mad with worry... I really didn't appreciate how much damage someone with zero horse knowledge/experience could do when running a livery business..
 
then as you are obliged to pay for the whole of April regardless of having left early, and that you have left her a month's deposit, then you are quits in my book. she won't give you the deposit until you have paid the last month, and you can't be sure she'll give you the deposit back if you pay up. IMO.
Of course if it's a damages bond you may have to accept the possibly fictitious damages caused up to the value of the full deposit...... which i've heard happen on my occasions!
 
I'm with amymay and duggan and say you are now quits with your ex y/o.

she required 4 weeks notice - whether it states it or not I would interpret it that she expects to be paid for those 4 weeks whether you move out sooner or not. seeing as you paid 1 months deposit but haven't yet paid for your final months livery I would say that she should keep your deposit in lieu of this. Make sense?

Glad horses are all moved and settled.
 
Ah I hadn't realised you hadn't paid in April

If there is a clause that you have to pay in advance, then you may have inadvertently forfeited your deposit

At the moment in theory you are due the deposit less the two weeks not paid in April, I would explain that in writing

Its the same on a house if they give you notice to quite and your move out early you do not pay rent on the period you are not there (since the notice period allows you to find somewhere else or them to find a livery replacement)

However you have to decide whether its worth the hassle for two weeks refund (depending on how much you are paying)
 
I think we can see why she asked you all for a months deposit.

This seems like a calculated move (throwing you out one by one) and therefore by taking the deposits, she doesnt lose any money!

What a nasty piece of work.

Your lucky you got away un scratched!

Good luck and glad horses have settled
 
CBFan said:
I'm with amymay and duggan and say you are now quits with your ex y/o.

she required 4 weeks notice - whether it states it or not I would interpret it that she expects to be paid for those 4 weeks whether you move out sooner or not. seeing as you paid 1 months deposit but haven't yet paid for your final months livery I would say that she should keep your deposit in lieu of this. Make sense?

Glad horses are all moved and settled.
Click to expand...

Absolutely agree with this.
 
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