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Remus2004
Remus2004, Barrister
Category: Property Law
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Experience:  Over 5 years in practice.
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A riding school owes me approx £500 for unused riding lessons

Resolved Question:

A riding school owes me approx £500 for unused riding lessons and are refusing to reimburse. I have just heard that they are selling up their property, can I take a charge out on the property and if so how do I go about this ?
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Why have you not used them?
Customer: replied 2 years ago.
Because they said that they had stopped a riding school and we're only doing livery and so they no longer had the horses
Expert:  Remus2004 replied 2 years ago.
Thank you. You cannot take charge out on their property unless you have a judgement.

You cannot get a judgement unless you have been to court.

They cancelled the lessons because it appears the they are no longer running a riding school and therefore they are under a duty to reimburse you in full.

They are in breach of contract.

I would actually say that it goes a little further and tell you that if you have to get the equivalent number of riding lessons elsewhere, you could actually recall that the extra cost from them.

I would send one more letter stating that unless you get payment in full by Friday, 18 April latest, you will issue small claims court proceedings without further notice.

Here is the link to the Small Claims Court. www.moneyclaim.gov.uk

As they are selling the property, getting the charge on the property is an extremely attractive proposition however it is not simply a case of putting the charge on the property it needs the original judgement and then a further application.

A judge is likely to say that for a debt of £500, a charging order against the property is disproportionate so you would be faced with getting either an attachment of earnings order (if the person who lose you the money is employed) or a third party debtor order to take the money straight from their bank account or to instruct bailiffs to levy distress upon goods with a view to selling them to pay the debt.

However you cannot do anything to enforce that until such time as you have a County Court judgement against them.

Can I clarify anything for you?

Jo
Remus2004, Barrister
Category: Property Law
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Experience: Over 5 years in practice.
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