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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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- I have a problem with regard to livery money owed. The yard owner says he will sell m

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Hi - I have a problem with regard to livery money owed. The yard owner says he will sell my horses at auction under the "lien" clause...but the contract we have is old and signed before we had our current horses and does not name any of the horses. We have made offers to pay in instalments but he wants all by end of month. Can he legally sell our horses, none of which are named in the contract, without our permission? He sent us 3 new contracts 2 weeks ago for all of our horses but we have not yet signed those as the T&Cs are different.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask who has the passports to your horses please?
Customer: replied 2 years ago.

the passports are at the yard. The owner has said the horses and passports cannot be moved until full payment has been made. We gave him notice on 18th April the contract says we have to pay 1 months notice which would take us to 18th May but he has added on the full livery for May onto the bill.

Expert:  Joshua replied 2 years ago.
Thank you. A lien provision is likely to be enforceable here because you left the horses voluntarily and the yard is therefore entitled to exercise a lien over them pending payment of the fees due.However the threat to sell the horses is not lawful. It is contrary to the Torts (Interference With Goods) Act. The yard owner has no title to sell and and sale would be subject to a claim by you against the buyer for return of your property and/or against the yard owner for loss. He may only sell the horses legally in one of three situations:a) with a court order following suing you for the money owed successfully;b) with your permission orc) in compliance with the Torts Act (as above) which requires him to give you 3 months notice of his intention to sell and for you not to responde to him. As you have objected to his selling the horses any attempt to do so is unlawful and he would have no good title to sell. He could also be sued by the buyer for breach of contract under the terms implied into any sale contract under the Sale of Good Act for failure to give good title to any buyer Heis either misinformed or bluffing for effect. It is worth ensuring you have lodged an email with him objection and refusing permission for him to sell your horses referring to the above Torts Act. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 2 years ago.

Thank you I am very happy with your service.

One final point - is there anything preventing me from moving the horses? Can he just keep the passport for example until we pay?

Expert:  Joshua replied 2 years ago.
I am glad I could help. Although he is limited in his rights to sell the horses to the above circumstances, unfortunately he is within his rights to exercise a lien over the animals whilst monies are outstanding. A lien can arise where you voluntarily deliver property (horses are considered property in law) to a person and then fail to pay all that is due under a contract. In those circumstances the person can refuse to return your property (though must look after it as above) until the monies due are cleared. Physically you could I suppose go onto his land and remove them but he could call the police if he managed to get to you before you removed them though the polices response could be variable as they are not legally qualified so would not likely know how to adjudicate in the above situation. It would therefore I suggest be a high risk strategy though it would probably not result in arrest providing there was no violence. If you could get away undetected then there is little he could do in retrospect though could still pursue you for monies owed of course. Can I help you with anything else or has the above answered your questions satisfactorily?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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