YO won't give back deposit, what can be done?

tonitot

tonitot

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Today me and a fellow livery both left the yard we were at to move to a different yard together. When we first arrived at the old yard (seperately, we didn't know each other before both being at this yard) we had to put down a deposit which was the price of a month's livery, so £100, and we were told we would get it back when we leave. All fair enough, today we left and I got my deposit back but my friend didn't, according to the YO she is in breach of her contract as she "made" me leave the yard as well.

Facts are that I chose to leave this yard before my friend did but hadn't yet found anything. She found our new yard and went to view it, she then told me about it and I asked her if she could take me to see it. So she took me to see it and I loved the yard, wasn't sure if I could afford it so decided to take a week or so to work things out and make my decision. My friend told the YO on that day that she would be leaving and YO was fine, then a week later I had made my mind up and told her I was also leaving.

We did not plan to move to the same yard when we both decided to leave, it just so happened that this yard had two spare stables. My friend did not "make" me move at all! The YO has been tricky the last week or so just generally being awkward (for instance, my horse was on full livery and one day last week she took all of my horses bedding out as it was apparently disgusting, she had had a new bale of shavings put in the day before and her bed was fine, nothing wrong with it and she waited until it was a day that I was away) and now she won't give my friends deposit back even though she has done nothing wrong.

The yard is (somehow) BHS approved and the contract is a BHS one, is there anything that can be done to get the deposit back? I know it wouldnt be worth taking it to small claims court or anything like that but if we got in contact with BHS are they likely to do anything? I'm quite happy to go to her door and have it out with her but not sure this would be the best way forward!

Hope this all makes sense, I seem to have rambled on a fair bit!
 
Even if she did make you move how is this creating a breach of the contract? Is there a bit in it saying 'you can not make another livery move yards with you'?

Have a damn good read of the contract if you have it and see which bit she is referring to!
 
The YO is being rather rude to you in all of this, suggesting that another livery has 'made' you move yards! Leaving sounds like the best course of action that you could have taken :)
 
Thanks everyone, we didn't get a copy of the contract as we had to sign it and give it back. Will give the BHS a call and see what they say :)
 
Also, I thought my friend would only be in breach of the contract by apparently making me move if she had set up het own yard so was seen as stealing YO's customers? My friend gets no profit from me moving with her, just a field buddy for her horse and someone to hack and go to shows with!

Leaving was definitely the best thing to do, horses were miserable there, us as owners were miserable thereas could never do anything with our horses because the school was always locked and when it was open you could only do flat work in there, no lunging or jumping which is no good for me as I have a 6 year old I want to take eventing!

YO is just very bitter that we have both left and she is now losing out on the money from two full liveries. I have e-mailed the BHS and will see what happens :)
 
What I would do is not what I'm recommending you to do!

I personally would take some bits with me that belong to the yard owner to make up for my £100. Nice shavings fork, couple of bales of shavings, perhaps that nice premier equine rug she had been saving......
 
vieshot said:
What I would do is not what I'm recommending you to do!

I personally would take some bits with me that belong to the yard owner to make up for my £100. Nice shavings fork, couple of bales of shavings, perhaps that nice premier equine rug she had been saving......
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That is theft and would make you worse than the yard owner and give you a richly deserved bad reputation which would follow you around.

I would ask to see the signed contract with the relevant piece in it and if it is not right threaten her with the small claims court.
 
Luckily my friend had a copy of her contract, apparently it does say in there that you can't leave and make someone leave with you. Although she didn't make me leave at all we are now a bit worried that as it is in the contract that there'll be nothing we can do? BHS haven't got back to me yet but I suspect that's because it's a weekend so will wait until the end of Monday.
 
tonitot said:
Luckily my friend had a copy of her contract, apparently it does say in there that you can't leave and make someone leave with you. Although she didn't make me leave at all we are now a bit worried that as it is in the contract that there'll be nothing we can do? BHS haven't got back to me yet but I suspect that's because it's a weekend so will wait until the end of Monday.
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You have one very odd contract and a very odd y/o.....fancy putting something like that in a contract? If someone wants to leave and leave with someone else then they should be able to do that..... Obviously shows how bad their business is!
 
magicgirl said:
That is theft and would make you worse than the yard owner and give you a richly deserved bad reputation which would follow you around.


Actually I don't see how this is any different from a yard owner keeping something of a liverys to cover fees they owe.ourt.
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Ask to see the contract and have explained exactly how it has been boken.
 
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Well I would say she doesnt have a leg to stand on as there are two of you and one of her and if she hasnt made you leave then thats it.

So if you both left but werent going to the same yard would that still stand??? What a strange thing to do not takeing away the deposit from both of you just her, maybe shes just seen the other person as an easier target.
 
Small claims.

I had a similar situation where I accidentally overpaid livery when I was leaving and YO wouldn't refund. I asked nicely for it back and when they refused I said if I didn't have it by the end of the week I'd take them to small claims court. They tried to call my bluff so after a wk I contacted them to say as I'd not heard from them or received refund I'd be starting the claim on Monday. Funnily enough they then responded and I received a cheque the following wk.

I hate stress like this or ill feeling but it was MY money. I looked into small claims and got all the paper work. It was really straight forward so that's the route I would have gone down.

Good luck!
 
I would suggest friend write a letter enclosing a letter from you confirming your friend did not make you leave . Friend asks for money with the next 7 days of she will start the legal process through small claims court. Send signed for so you have proof yo has recived it.
 
To be honest i would split the £100 between you and put it all behind you

Even if your friend didnt make you leave you have to admit it doesnt look a completely solid case given the contract clause

Next time read the contract carefully and ask for anything wishy washy to be amended prior to signing
 
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