Urgent advise needed!

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marusya

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Hi I have got a livery that we are trying to get rid off. She owe us money for 6 months and she doesn't come to check on her 5 horses at all. No sign contract, only verbal.
I have tried to contact her by the phone and my father in law was tried to get in touch with her by going into her property. It was impossible to rich her. I have written her a letter saying that we cannot get in touch with her and she doesn't come to check on her pets. No reply. I then contacted RSPCA. I've had an Inspector coming to check on them, he wasn’t bothered about the fact that she is not coming, all he was worried about is the condition of the horses, which “isn’t too bad, according to him”.
I’ve asked him to contact her and tell her that we want her to remove her horses and pay her debts, but this is going nowhere.
He managed to talk to her but after 3 week her horses are still here, she is still not coming and paying her debts; instead she found me on the FB and started to talk to me. its ended that I have to call police as she was abusing me in her messages.

I am really stuck; I don’t know what to do?! According to RSPCA we cannot remove or sell her horses and we must give her access to them. She still not paying us and using our land for free.
I saw her today on our farm, only cos she was trump behind a lorry. I came to her trying to talk but all I had is abuse and swearing. She said that I cannot stop her from seeing her horses and I have a duty of care!

What can I do in this situation? I want her out of my land.
Thanks.

 
Get a solicitor .
Start a process with the solicitor to seize the horses sell them and recoup some of your costs .
If the horses are not saleable you may have to rehome them to put a stop to your losses .
You do have a duty of care to ensure the horses basic needs are provided for you can't get round that .
I am assuming you have their passports you really ought not have horses on your land without their passports if you have not them it's going make it more complicated .
Whatever happens getting rid of her is going to cost you money .
 
Thanks for reply. I am in the UK-South West.
I have spoken to BHS, red wings, welfare and RSPCA. They cannot advise me on this as they are not getting involved in financial matter. All they care is about horses condition but as we have had RSPCA inspector here and he's okayed horses condition there is nothing more they can do.
 
Hi Satan Ive done the ab notice, but again, according to the RSPCA the horses are not abandonment, which is sounds absolutely ridicules, but what can I do?
 
You need legal advice .
Proper advice that will have to pay for .
Hopefully a letter from a solicitor with the very real threat for the horses being removed and disposed of will get rid of her .
I fear the best you can expect is a moonlight flit and left owed money.
An RSPCA officer is not a lawyer you need an equine solicitor on this .
 
Thanks Goldenstar, I have quick chat with sol today. they think that I cannot sell them or stop her to coming into my property as the horses are still her property.
I am tired, sick from this and completely lost . surely it should be the way of getting the horses out of my property?
 
Goldenstar said:
You need legal advice .
Proper advice that will have to pay for .
Hopefully a letter from a solicitor with the very real threat for the horses being removed and disposed of will get rid of her .
I fear the best you can expect is a moonlight flit and left owed money.
An RSPCA officer is not a lawyer you need an equine solicitor on this .
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Yes, you right about RSPCA. the truth is my older father in law was in charged of the livery up until last year. He has never requested any docs and never had a contract. He is an old man....
Its deferent now-all of my liveries got a contract and I have got horses passport.
 
Not sure why you are getting this advice the sales are full of horses being sold to recover a livery debt so you can if you go about it correctly sell them to recover your costs
 
Then start legal proceeding against her for the debts .
Appoint a debt collector to persue her
Your solicitor will help you through this .
 
windand rain said:
Not sure why you are getting this advice the sales are full of horses being sold to recover a livery debt so you can if you go about it correctly sell them to recover your costs
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But how? Like I said before, my old father in law was dealing with it, so no contract, no passports no other docs. I would be happy just to get rid of them for nothing.
 
marusya said:
But how? Like I said before, my old father in law was dealing with it, so no contract, no passports no other docs. I would be happy just to get rid of them for nothing.
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Start to persue for the monies owed with legal help .
At the moment she has you on the back foot now it's time to seek to make her life unpleasant .
Get a solicitor who specialises in non payment and go after her for the money use a debt collector .
 
Not sure you can just get rid for nothing to get rid you have to pursue her for the money owed If all else fails contact a reputable auctioneer and ask what the legal requirements are but a good equine solicitor should know straight off You have to get a lien to sell them but it must be relatively easy as so many go through the sales. There is another thread on here by someone appalled that this can happen maybe there is more information on there
 
Goldenstar said:
Start to persue for the monies owed with legal help .
At the moment she has you on the back foot now it's time to seek to make her life unpleasant .
Get a solicitor who specialises in non payment and go after her for the money use a debt collector .
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Ill pay for sol and get nothing back from her. She's unemployed - she claims all sorts of benefits. she is "disabled" if I take her to court she will be paying back something like £1 a month for the rest of her life and will be laughing at me.
 
I think that you need a good equine specialist solicitor. There MUST be some way to be rid of her. I can't believe the BHS advice line wouldn't help, people usually sing their praises on here.
 
But if you get the lien you will be legally able to sell her horses and equipment to get your money and the horses will be gone
Looked it up in Google I may be misinterpreting things but it appears if you give her notice to remove them and she doesnt you then get an abondonement order and the lien to sell to recover the debt. Perhaps just the threat of selling them will prompt her into either taking them away or paying up
 
You do need specialist advice on this but if you go to court and they find for you then if she does not pay you may well be in a position to get bailiffs to siezt property to the value of the debt and in this case the property would be the horses that could then be sellable by you on their behalf. even if it meant her getting pissed off with you and moving at least you would not incurr any further costs.
 
Keep the fb messages - print them out Incase she deletes them

Send her a letter detailing all monies owed & how long owing etc - give her a date to pay all outstanding amounts by

State in letter that if money is not paid by by due date that the horses will be sold to recoup your losses

I am pretty sure that you can do this - others may agree with me - you could always take legal advice whilst waiting for payment date to come

Send all correspondence by recorded delivery
 
Honey08 said:
I think that you need a good equine specialist solicitor. There MUST be some way to be rid of her. I can't believe the BHS advice line wouldn't help, people usually sing their praises on here.
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Oh, well unfortunately it is true-all of those BIG charity companies only love big cases, when the animal in a real danger, cos its make them look soooo good, heroes-who came and rescue poor animal.
Sad
 
Please DO NOT take legal advice off a forum and begin selling her assets!

Go back and speak to the solicitor.

Just for reference sake: Holders of a general lien are not ordinarily entitled to the sell the property in question. They may retain possession until settlement of debts.

The other option may be to obtain a decree for the debt and then implement the decree using Bailiffs/Debt Collection Agencies.
 
marusya said:
Oh, well unfortunately it is true-all of those BIG charity companies only love big cases, when the animal in a real danger, cos its make them look soooo good, heroes-who came and rescue poor animal.
Sad
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I thought you were talking about the helpline. To be honest, much as your situation is awful (and this law that livery owners have a duty of care to their horses really needs to change if it means that owners can dump their horses and leave yard owners to cope), it is a legal matter and not a welfare matter and I can see why a charity wouldn't get involved.

Can you not join the BHS and make use of their legal hotline?
 
Darremi said:
Please DO NOT take legal advice off a forum and begin selling her assets!

Go back and speak to the solicitor.

Just for reference sake: Holders of a general lien are not ordinarily entitled to the sell the property in question. They may retain possession until settlement of debts.

The other option may be to obtain a decree for the debt and then implement the decree using Bailiffs/Debt Collection Agencies.
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Thank you, I thinks you are right. Like I said earlier I have had a chat with sol today and they have told me exactly the same, I cannot sell them, the horses still are her property.
Selling them will be equivalent to steal them.
Im screwed, I want them out of my property
 
Honey08 said:
I thought you were talking about the helpline. To be honest, much as your situation is awful (and this law that livery owners have a duty of care to their horses really needs to change if it means that owners can dump their horses and leave yard owners to cope), it is a legal matter and not a welfare matter and I can see why a charity wouldn't get involved.

Can you not join the BHS and make use of their legal hotline?
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Exactly, I have duty of care but she's got no duties to her own animals - this is CRAZY!
I will join BHS, but at the moment all Im thinking is this....
I recon I wouldn't get anywhere with this- in the end she'll gets what she wants, she'll use my field free of charge and leave when its suited her.
There is no law to it.
 
Urgent? Not sure why you would seek legal advice from the RSPCA or a forum. A solicitor would probably be more useful.
 
pony5 said:
Urgent? Not sure why you would seek legal advice from the RSPCA or a forum. A solicitor would probably be more useful.
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I imagine the OP was hoping someone may have had experience in a similar situation and could offer some ideas of how to solve what is a very difficult and potentially expensive problem, having 5 horses unpaid for 6 months is a loss of income that is hard to absorb by a small business, getting solicitors involved will cost more, if the owner eventually either removes without paying or abandons them the OP could be waiting another 6 months to get any money.
 
OP could find themself in a worse position by taking well meaning but bad advice from strangers on a forum. Unfortunately a large number of people with no legal qualifications offer legal advice on here. In practical terms OP may find it easier to seek a solution outside of the legal process.
 
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