dolly-daydream
Member
Hi, What do livery owners do if a owner gets really well behind with the weekly payment, Having tried to ask and been promised, at £35 a week the bill is now nearer £400, how do I stand please. No contract in place at present.
Non Payment of Livery
- Thread starter dolly-daydream
- Start date
bluedanube
Well-Known Member
Ask her to pay by a set date or move.
_GG_
Well-Known Member
With no contract, it's a really difficult situation to be in. If you need a contract template for future use, let me know and I'll send you one, but I think your best bet here is to use the BHS helpline if you are a Gold member and make sure that everything you do is legal and that you are protected.
smellsofhorse
Well-Known Member
I know it's pointless to say now but I don't understand why people still don't have contracts, take deposits and have payments made in advance!
Now this problem have occurred I think all you can do it give the person a letter with so many days to pay bill or you will take belonging to the value owed, not sure if the legalities of this with no contract though, i know sometimes they take the horse too.
Obviously then evict them!
Now this problem have occurred I think all you can do it give the person a letter with so many days to pay bill or you will take belonging to the value owed, not sure if the legalities of this with no contract though, i know sometimes they take the horse too.
Obviously then evict them!
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OWLIE185
Well-Known Member
The chances are that you will never get the money.
Evict them - take the loss and next time get a contract drawn up.
You can always try to get the money through the small claims court but if they have no money you will never get it. The only advantage is that once that you have a judgement in your favour their name and also their address will always come out in a credit search.
Evict them - take the loss and next time get a contract drawn up.
You can always try to get the money through the small claims court but if they have no money you will never get it. The only advantage is that once that you have a judgement in your favour their name and also their address will always come out in a credit search.
Cowpony
Well-Known Member
Not much help now, but for the future I would also be stricter with people much sooner. So if they are a few days late have a word, if it gets to say 2 weeks, they get a letter giving them a deadline for payment and if it gets to a month they are given notice. That way you won't end up too out of pocket and people will know where they stand. It's hard for you to be strict with others on the yard if they know somebody hasn't paid for 10+ weeks.
In the current case be prepared for her to do a moonlight flit with her horse. We once had somebody on our yard who turned out to be notorious for it as soon as the pressure to pay got serious.
In the current case be prepared for her to do a moonlight flit with her horse. We once had somebody on our yard who turned out to be notorious for it as soon as the pressure to pay got serious.
honetpot
Well-Known Member
You not need a paper contract for there to be a contract, a paper contract just makes it easier.
If before she was paying monthly, her notice period is a month, which would be seen reasonable by a court. I would serve her with notice in person, by e-mail and her home registered address and at the same time ask for the arrears. After that you can go to court to evict her and try and get costs. I would be getting as much information about her as you can so you know what funds/assets are in her name.
I have been in this situation and the more formal you make your demands the more likely you are for them to realise you are serious, but I ended up out of pocket to £600.
If before she was paying monthly, her notice period is a month, which would be seen reasonable by a court. I would serve her with notice in person, by e-mail and her home registered address and at the same time ask for the arrears. After that you can go to court to evict her and try and get costs. I would be getting as much information about her as you can so you know what funds/assets are in her name.
I have been in this situation and the more formal you make your demands the more likely you are for them to realise you are serious, but I ended up out of pocket to £600.
unicornystar
Well-Known Member
just because there is no paper contract does not mean a contract does not exist, it is not as simple as that. However, yes for clarity paper contracts are best!
Give her a week to move and keep horse for livery bill until paid....or items to the value of...
Give her a week to move and keep horse for livery bill until paid....or items to the value of...
YorksG
Over the hill and far awa
Please don't keep 'goods to the value' as this is not legal. Give her notice to quit and put the word round that she is a poor payer.
JillA
Well-Known Member
I hate asking for money, repeatedly, and for that reason anyone wanting livery here of any kind is required to set up a monthly standing order (the main reason why I charge per calendar month). Doesn't help in your circumstances, but sometimes it focuses peoples minds if you threaten County Court action. Along the lines of please make payment IN FULL by [date of your choice] otherwise I will pursue it through the small claims court. Often the threat is enough.