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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i had a horse at a yard and paid the livery in mid december

Resolved Question:

i had a horse at a yard and paid the livery in mid december which was to cover januarys livery we then moved yards by the end of december we had no written contract and were never made aware that it required any notice period and asked for januarys livery money back yard owner refusing saying we forefiet what we paid as we didnt give notice. she moved another horse straight in so incurred no losses can we claim this money back (£220)
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now I assume you had paid in advance for the period?

Alex Watts :

If so then the answer is no

Alex Watts :

Sadly you had agreed by paying the money to have the horse there for the period which you have paid.

Alex Watts :

You can not therefore sadly claim that amount back, because you had in effect contracted to have the horse there.

Alex Watts :

What you may be able to do is claim the money back for the period from when the new horse WAS there.

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.



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.



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.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer: The actually livery was not due to be paid until the 1st of January to cover all of January I unfortantly paid her early as with Christmas approaching I wanted to ensure it was done and out of the way
Alex Watts :

Indeed. You can claim it back for the period the new horse was there

Alex Watts :

Does that clarfy?

Alex Watts :

* clarify? *

Customer: Yes think so , so the new horse arrived on 4 the jan so I can't claim for the 4 days no horse was there but can claim for the rest of the month after?
Alex Watts :

Yes correct.

Alex Watts :

Can I help with anything else today?

Customer: No ta
Alex Watts :

Great, if I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

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