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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My 21 yr old grandson took on the production of a horse for

Resolved Question:

My 21 yr old grandson took on the production of a horse for an individual whom he has known for some time; the performance results show that he added hugely to the value of the animal. He was promised 10% of the sale price when the horse was sold and on that basis accepted a very basic weekly fee to keep and produce the horse. It now transpires that the horse is not, and never has been, owned by the individual. The genuine owner has explained the situation to my grandson but says she won't be able to pay him anything out of the sale. She bought the horse for £25,000; it is now worth £100,000. Would the man with whom my grandson had all the dealings and made the arrangements, have, therefore been a "gratuitous agent" for the owner? Is anyone liable to honour the agreement made at the outset of the process, and if so, who?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is anything in writing please?
Customer:

No, the agreement was a verbal one between FmC (my grandson) and DI (the person who sent the horse to F. F agreed to accept the horse at a much reduced livery fee on the basis that when sold, he would receive 10% commission. This statement can be corroborated by LT (FMc's co-worker at the time). It might also be possible to obtain further statements in support of F's claim from other individuals. FMc had no reason to doubt DI's word; he had been a working pupil at his yard a couple of years earlier and thought they had a good relationship. DI also gave permission for FmC to retain any winnings during the time he had the horse. Would this not have been the action of an "agent" on behalf of the owner? Until yesterday, FMc had no idea that ZW is the rightful owner pf the horse.

Alex Watts : You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you. To whom should the claim be sent? The OWNER (ZW) or the individuals who was, I believe acting as her AGENT (DI), for the reasons I have given in my earlier emails.

Alex Watts : He can add both and let the court decide.
Alex Watts : If this answers your question might I invite you to rate my answer. If the system won't let you please let me know.
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