Please help - advise on livery customer not paying

[watakerfuffle]

Hi All

I would really appreciate some advice from anyone or particuarly from those that have dealt with or gone through a similar thing..... I have a horse with me on full livery, the horse's owner has not paid me for a few months now and nor been in touch or responded to any corespondance.

Running a livery is tough enough without customers not paying so I wonder where I stand legally with this and is it possible to take ownership of the horse in question and sell it to cover fees owed and any extra goes back to owner?? I am going to talk to a legal professional regarding this but in the meantime would appreciate any advice.

Many Thanks

 

[rema]

Does the owner visit the horse?.Do you hold the passport?.

 

[watakerfuffle]

No visit in last year and worryingly I don't hold a passport for her!

 

[spike123]

you can't sell the horse unless you have a contract in place stating that there is a Lien on the horse.In other words the owner agrees that should you get into debt by x amount you are entitled to sell the horse to recover that debt. We had a similar situation happen at the yard.My Yo was told he had to basically take the owner to court for the money owed,prove what services he was providing for the horse and that the owner was not visiting her horse and to request that the court would transfer ownership of the horse over to him in order to sell him to recoup what he was owed.However the owner of the horse came along very early one morning and removed her horse and did a moonlight flit. The YO never got his money either.

 

[lizzie87]

dont really know what to suggest, other than make sure you keep a thorough copy of all correspondence both ways, notes on telephone conversations, and back up calls with an email/letter confirming anytihng in call/saying you tried to call - not answer, will call again at....

Good luck!

 

[PeterNatt]

Your simplest solution is to write to the owner by 'Royal Mail Signed For' and advise them that unless they settle their account in full you will take them to the small claims court.

If they do not pay up in full take them to the small claims court (you can reclaim court fees and loss of interest).
(There is an online service now which makes it simpler to apply to the small claims court).

 

[Slinkyunicorn]

I am sure you will get some good advice tomorrow but I would have thought as a starter a polite letter asking for payment by x date and in the event of non payment you will take matters further by going to small claims court. As some one else has already suggested make sure you keep a record of all contact, attempted or otherwise, and copies of all correspondence and proof of posting/receipt etc.

Hope you get it sorted quickly and soon.

 

[kerry1]

I really feel for you - I know how tight profit margins are so all you want is this! Would you not think of making a personal visit to the owners house, face to face you may be able to come to some arrangement? (preferably bringing someone big and beefy with you!)

 

[NikkiF]

[ QUOTE ]
Your simplest solution is to write to the owner by 'Royal Mail Signed For' and advise them that unless they settle their account in full you will take them to the small claims court.

If they do not pay up in full take them to the small claims court (you can reclaim court fees and loss of interest).
(There is an online service now which makes it simpler to apply to the small claims court).

[/ QUOTE ]

Slightly different problem to yours as you still have the horse, but somebody at our yard did a flit with her 4 horses, and our YM used the online service quoted above....................and yes she got her money!

 

[Chellebean]

To save yourself some money in the mean time, can you turn the horse out saving on bedding and hay extra?
if so i would do the above saying she has also been turned out and no longer has a stable. it may also be worth getting her tack valued, even if it isn't in the contract it may scare her enough to call up and visit
Hope it works out soon **good luck**

 

[milliepup]

There is something called a Abandonment Notice (or something similar). Basically this is what I had to do. You can contact owner writing a letter and posting using recorded deivery, asking for settlement in full of livery owed to you by X date. If they fail to settle you can post them a copy of the notice and attach copy to field where horse is kept and if nothing within 14 days you can sell said horse to recoup money.
This was a couple of years ago but your solicitor will be able to give you some good advice.
Good luck as I know it's not a good situation to be in.

 

[AmyMay]

You must write to the owner by recorded delivery.

In the letter state the amount that is outstanding, and the date by which the amount must be settled.

Inform them in the letter that if no payment is made by the specified date you will have no option but to refer the matter to the small claims court.

The letter must be sent recorded delivery.