Should I go to court

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GGRider

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A livery customer ducked out of our notice terms agreed under the livery contract recently giving 12 hours notice instead of 4 weeks. She claimed I had broke the terms of the contract and was refusing to give notice as way of 'compensation' but it was clearly stated on paper. I think I should take her to small claims court for my lost income. It would be inappropriate to give details but any comments? Anyone done Moneyy Claims online? Hate to do this but a business is a business and I fulfilled my part of the deal only to get poo'd on!
 
Guess it depends if you did break the terms of the agreement or not. I guess it also depend how legal your contract is/was......did you both sign it etc...
 
How does she say that you broke the terms?

That could be something she could use as a reason to duck out.

Otherwise, do you really want to go through the extreme hassle of following this all up, the court, constant mailing, typing, seeing solicitors, expenses which there is a risk that she will not pay you in the end? May be better to just keep sending her an invoice threatening for a bit?
 
going to court is a lot of hassle that may cost you more in the long run, why not content yourself with discussing what she did with any other livery yard owners that you might know in the area
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(avoid being slanderous of course!)
 
It's probably not worth the bother, even if the court find in your favour if the person doesn't pay up they don't put much effort into retreiving the money.
 
Book yourself an appointment with a solicitor, very often the first half hour will cost you very little & you will be able to get some correct advice. After that meeting you will know if a) you have a case, b) is it winable & c) could it cost you more than you will recoup.

Never sue on a point of principle as the only person that wins are the solicitors involved & never sue if the person you are taking action against hasn't the funds to pay if you win. Good Luck
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I did the same when i found a horse on the yard had suspected strangles. No-one did anything about it, and i wasnt going to take the risk. Maybe there was a good reason ?
 
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I did the same when i found a horse on the yard had suspected strangles.

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id have been really peed with you if youd have moved to my yard from a yard with suspected strangles im afraid.
 
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I did the same when i found a horse on the yard had suspected strangles. No-one did anything about it, and i wasnt going to take the risk. Maybe there was a good reason ?

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Sorry but that is not a good reason, just bloody irresponsible IMO.
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Without knowing the details its hard to say whether I would persue this.

To be honest mud sticks and if you start taking ex clients to court without a really GOOD reason you will end up with a rep for being difficult.
 
It isn't that straightforward. the Court would expect you to take steps to cover those losses, by advertising the livery vacancy for example. If you fill it quickly then of course your losses would be minimal and really not worth chasing through Court, and the losses would be adjusted to show your loss of profit - if you expected her to use feed/bedding/ hay and they all form part of that livery bill then of course they are not a loss, as you have them for another customer.

If you do the maths on that basis I think you will find the financial amount is not huge, unless you charge a fortune for services....
 
I don't think you'd have a leg to stand on to be honest. Most contracts aren't worth the paper they are written on and if she wasn't actually at the yard, therefore didn't actually receive the service, you wouldn't get anywhere in court, I'm afraid. Plus, it's a hell of a lot of trouble to go to over a relatively small amount of money.
 
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Without knowing the details its hard to say whether I would persue this.

To be honest mud sticks and if you start taking ex clients to court without a really GOOD reason you will end up with a rep for being difficult.

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I agree with Spaniel. In my many years as a YO
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I can honestly say that what goes around, comes around.

A couple of years ago, a client of mine (wife of local businessman, and very well off) removed her horse from my yard without notice, and then kept me waiting 6 weeks before paying me the £500-ish she owed. I did nothing about this.

Last week, she approached me at a riding club meeting, in front of a lot of people, and told me she had bought a new horse and asked if I would have it for her - to which, with a sweet smile, I replied that I tried to avoid bad payers who remove their horses without notice, and no, I wouldn't have her new horse for her.
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She was mortified, but a little while later her friend came over and said it was about time someone had put her straight, and I wasn't the only yard she'd done it to.

So if you are in the right, your client will probably get her comeuppance one day!
 
The fee for making a claim through the small claims court is not very much. All you have to do is fill the on-line form and send them copies of any paperwork and invoices. The livery (defendent) will either respond or not respond to the court. If they respond you will then have the opportunity to repond as well to any matters that they have raised. If they don't respond then you wait for the time to respond to elapse and ask the court for a judgement. The court will issue a judgement. If they then don't pay you will then have to ask for enforcement or for the defendent to appear before a judge.
 
yes i have done it online too, but evey time they get the papers they always cough up as it scares them witless,,, u do NOT need a solicitor as its dead easy with money claim online, have done it several times.
 
Yes, agree, go through small claims court. I looked into it when I had ended up looking after a horse for someone who then tried to do a runner, think it is only £30 to lodge the claim, and you definitely don't need solicitor to do it.

I couldn't pursue it in the end as I didn't have a signed contract, only verbal which is harder to prove, but as you have signed contract then I'd say do it!
 
I maybe wrong, but I think the amount owing has to be over about £700 in order to be eligible for the claims online method - I have taken a customer to court via this method before (was over 3 grand though) and a little bell is ringing about the amount that qualifies......
 
If the yard owner doesnt act responsibly towards something such as an expected outbreak of a disease then you are well in your rights to move! NOTHING comprimised my horses wellbeing. So maybe she moved for a reason... have you asked her!
 
I wouldn't bother, it is just going to cause you more hassle and go on for months. Draw a line under it, be thankful that she paid what she owed and ask for 1 months deposit in future if it is going to worry you that someone new might do it.
 
I wouldnt waste your time to be honest. I am a big believer in not "burning bridges", it will come back on her oneday IF she was in the wrong.

I am curious as to why she thought you had broken contract as you do not mention the reason?

As for horse moving from strangles yard, the OP does not say whether she moved to another yard or to a field remotely on its own, so dont be too quick to judge!
 
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