livery yard and deposit in scotland

[mariadavid]

Hi everyone was kind enough to help me before and i need advice again:

 

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.

[Andyorch]

Thread moved to General Legal Issues...please continue to post here to your thread.

 

Regards

 

Andy