Help Yard owner mucking us about with deposit

Feb 25, 2018
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#1
Hi

Help I hope some-one can advise me on the issue i am now having with my old yard owner who has changed the terms of the contract regarding our deposit.

I could moan forever about the yard we have just moved from, but i won't
we did have issues with overgazing, 1 bale between 6 large horses and 2 ponies
metal sticking out of a mound on the field, baling twine and haylege wrappers all thorough mound
all appearing as 1 horse keep routing through it to fine nettle roots and nearly all horses ended up with
mud fever.
Large nest of rats living under pallets where dungheap (apprx 13ft high) was
Stables flooding 4 times and my friend had to replace all her bedding at her own expense.

However it was the hay in the field that was crippling us financially. We already paid £130 D.I.Y livery
we had to buy our own straw and haylege (which was fine) and then we shared a bale of hay in field this cost between 5 & 6.70 a bale and it started off every 4 days
then it was every 3 days. I have a pony and the girl i moved with has a pony, the yard owner has a 17.3" and a 16.2". Guess who got chased from bale every day,
we brought our in at night to ensure they had access to food and nets, again a catch 22 as our haylege costs increased. You hade to go about 3 mile on roads to find a hack and
we handed our notice in and gave 5 weeks notice. My friends young horse broke a slat of the garden fence and we ppaid a fencer to come and fix this.

The livery was paid to her parents and hay etc paid to the yard owner, we had paid a deposit when we arrived and as we were both really skint, i asked the yard owner if we could bet that on the 28th when we left.
She said her mother had it and she would see her. The next day i received a text saying "Hello Yeah yous will get it back within 30 calender days of leaving as states in contract".

We then realised she had never given us a copy of the contract, so we asked for this and she said she would send it asap. Yes, you guessed we had to get a copy from another livery and this is where it gets interesting.
The contract reads "One Calender months deposit per animal must be paid on arrival at yard (or earler to secure a space), this will be reunded within one calender month of clients last day on yard subject to but not limited to the following
conditions; provided all monies are up to date, no debts have been left at yard, no damage caused by client or anyone in connection with client, notice is given as per agreement or if yard is at risk of any loss or potential costs.

Another part was: " This is a private yard not a commercial yard and will be ran as such (Simple yard rules will be posted in stable).

Where do we stand and what do we do. We need the money and thankfully we are in an amazing yard where the farmer is more than happy to go the extra mile for his liveries.

We are in Scotland.


Maria
 

domane

Chatterbox
Jul 31, 2005
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#3
If you have never had a contract then the YO cannot hold you to it, but neither can you. When you handed the deposit over, you should have asked for a receipt (any decent YO would have given one anyway). Contracts are there to protect the liveries as much as the YO but I'm afraid if you were never given one it is her word against yours and you may have to walk away and chalk it up to experience.
 
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Jessey

Well-Known Member
Dec 20, 2004
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#4
I've never paid a deposit on a yard, just pay a month up front.

If they've said it will be returned I'm not clear on the issue? Or is it just that you don't want to wait to get it back? You could seek legal advise (most horse insurance provides it) but the legal system will probably take longer than 30 days to get it and put the Yo's nose out of joint without achieving your aim of getting it sooner so no one wins.
 
Feb 25, 2018
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#5
I am not sure I understand the problem. I thought you were told you would have the money back within 30 days? How long has it been?
Hi, she has changed to terms of the contract, the contract says: deposit will be returned within one calender month. She is now stating 30 days after we leave.
 
Feb 25, 2018
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#6
I've never paid a deposit on a yard, just pay a month up front.

If they've said it will be returned I'm not clear on the issue? Or is it just that you don't want to wait to get it back? You could seek legal advise (most horse insurance provides it) but the legal system will probably take longer than 30 days to get it and put the Yo's nose out of joint without achieving your aim of getting it sooner so no one wins.
We paid a month up front and a deposit, we needed our deposit for moving the horses. Our new yard has no deposit requirement.
 
Feb 25, 2018
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#7
If you have never had a contract then the YO cannot hold you to it, but neither can you. When you handed the deposit over, you should have asked for a receipt (any decent YO would have given one anyway). Contracts are there to protect the liveries as much as the YO but I'm afraid if you were never given one it is her word against yours and you may have to walk away and chalk it up to experience.
We have a contract and witnesses to handing money over, she has changed to terms of the contract, the contract says: deposit will be returned within one calender month. She is now stating 30 days after we leave.
 

Kite_Rider

Cantering cabbage!
May 18, 2009
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#8
Actually then she will be giving you the deposit back sooner as there are 31 days in March? I can’t see the problem really. Or maybe I have misunderstood?
 
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KP nut

I'd rather be riding.
Dec 22, 2008
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#10
30 days after you leave is within 1 calendar month so nothing has changed as far as I can see? Even if somehow we are all missing the point there's nothing you can do about it so I'd let it go if I were you.
 

Mary Poppins

Well-Known Member
Oct 10, 2004
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#11
We have a contract and witnesses to handing money over, she has changed to terms of the contract, the contract says: deposit will be returned within one calender month. She is now stating 30 days after we leave.
But one calendar month is 30 days! I think that you are assuming that the one calendar month starts to count down from the day that you gave your notice (therefore your deposit will be returned on your last day). But to me this reads that the calendar month countdown starts from the day that you leave the yard and is in place to ensure that the YO is covered for any outstanding livery fees, charges etc. It seems pretty reasonable to me and I don't think that any conditions have been changed.
 
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MrC

https://m.facebook.com/MrKiasLife/
Nov 10, 2014
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#12
Personally I wouldn’t have taken my horse to a yard with a clause like that one. If I give a months notice and leave with no debt or issues then I’d expect my Deposit handed to me as leave the yard. Not a month later. Ample time for someone to find a way out of paying.

I’d pretty much expect the money not to be returned if I’m honest but hey you never know pigs might fly in 30 days and I’m proved wrong, which I hope for but the cynic in me is op bong a bottle of wine and getting her smirk on ;) lol sorry hope everything goes ok for you and your new yard is better suited.
 

newforest

She's not fat, she's too short :-)
Mar 15, 2008
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#13
The cynic in me says that all deposits are kept in a high interest account that requires a months notice to get access to.

I think you thought that once you gave your one months notice that your deposit is refunded on leaving. It actually means within thirty days of leaving not when you leave.
I have heard of paying a months rent in advance, so that in effect when you give notice you have already paid that month from when you arrived.
So you then have 'funds' for the months rent on the next place.

No contact, nothing signed. You might have to chalk up to experience.
Get the contract at the new place signed as you pop back to to read this. Don't do the same mistake twice.
 
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