Those who own/run livery yards

ChestnutWildcat

ChestnutWildcat

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5 September 2009
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Please say 'I' as I need to ask a question regarding what happens in the situation where a livery is late with payment and yard owners hav ethe right to sell your horse and belongings.

Thanks in advance
 
What does the contract say? Normally the answer is no, they can't, but I have been on a yard where it actually specified in the contract that the horse would be sold if livery became 2 months overdue.
 
Basically the whole yard have all been asked to sign contracts which is fair enough but yard owner has put anyone two weeks (14 days) late in livery payments will have belongings sold? I always thought it was much longer than that or is there no law just each individual agreement?
 
my old yard i signed contract that didn't state anything about selling, as far as i know if u don't sign a contract to say YO can its against the law as say rent due is £200 and your Ned's worth £2000+

If liveries late see about coming to a arrangement pay next months with half livery or cut it into 4 payments to pay it off. YO has no right to padlock your horse in, sell him or your belongings unless u have signed a agreement to that affect and if this does happen call police and get a solicitor
 
ChestnutWildcat - your YO cannot say that. There are very specific routes that someone has to go down to reclaim monies owed to them. And whist the YO has every right to expect to be paid on time - they cannot just sell your belongings without going down offical legal channels first.

I would seek some professional advice before signing anything.
 
Thanks all, contracts are expected to be signed and returned asap or vacate the yard within 24 hours. I am loathed to sign it as if I loose my job, two weeks is not enough time for me to find another job etc (unless I'm very lucky but in this days climate its unlikely). At the same time I do not want to have to leave, also as far as I know everyone else has agreed to this?
 
No, the YO can't do that - but as a matter of interest, if you are planning to pay them on time every time, why does it matter?
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I charge 15% interest on late payments (written into the contract). I've only ever had one client who was persistently late in paying (a wealthy member of a very famous brewing family as it happens!) and when he told me he was surprised all my other liveries didn't complain about the "extortionate" interest, I pointed out that as he was the only one it ever applied to, they didn't have any reason to complain
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. He was on time after that
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I'd say your yard owner has been caught out in the past and is trying to scare you all into paying on time (which you should do anyhow)
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I'm quite good with payments and nearly always on time give or take a day but I am thinking long term if I was to loose my job and theres no money coming in, I would need longer than two weeks to find another job or organise any form of unemployment benifit etc
 
The yard owner is not legally able to sell your horse or belongings. If the liveries fail to pay then the YO has to take them to small claims court, before they do that they have to have made reasonable attempts in writing to recover the debt then complete the paperwork to take it to court. They cannot take items to the value of unless the court orders it and pets cannot be taken as repayment of debt.

In my contract I state that late payment of the livery bill incurrs charges at the rate of £3 per day from the date the bill is due. I give bills out on the 26th of the month with payment by cheque expected by the 28th so I can get the cheque into the account by the 1st of the month and cash can be paid on the 1st. As a YO I cannot afford to be paid late. I have to buy bedding and haylage in advance and have the maintenance bills etc so I cannot afford to finance late payments from liveries. I also charge a month in advance.
 
Well if a client came to me and said they were struggling, I would be as accommodating as possible (taking into account their past record
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) - why don't you have a chat with the YO if you are concerned about signing it, and see what they say?
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Thank you all, yes that does sound reasonable. I am always wary when it comes to signing things and will have a chat with my yard owner, I was unsure of how the rule applied.

Thanks again
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I think it is perfectly reasonable for your YO to be paid on time - how would you like it if your employer paid you late. She probably relies on the money to pay her mortgage etc.

We all pay our livery by standing order direct from our bank accounts. Extras are then payable for within 7 days of receiving invoice.

If you are worried about not being able to pay for your livery in event of job loss then could you somehow save enough money for you to put aside a months' livery in a savings so that you are not in this position.

I also paid my YO a deposit of £100 so she also has that should I not pay for some reason.
 
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