Thank you have posted on landlordzone too

Does it help that I pay residential council tax not commercial ??

Can she tell me to be out by Thursday ... 3 days notice verbally ??

I took on a farm property...House and outbuildings 3 months ago. It was advertised as a going concern for equestrian use... Post rail paddocks, indoor riding arena,stables, house..

when I viewed the property it was clearly in disrepair but would be amazing when finished so I discussed the work involved with the landlord and they pointed out they were happy to pay for the work to be done...and for it to be done immediatly. I stressed without the facilities in full working order it was imposible to run a business there.

With 2 friends as witness I returned for otherviewings and to discuss the work to be carried out ... I offered to help with as much labour as I could manage.. eg cleaning and painting.

It was verbally agreed I could move in signing a Landlord and tenant act 1954 so I could move in straight away and a proper lease would be drawn up when work was completed.

I asked how much money they wanted off me for deposit ..rent .. this was declined and was told not to worry just start paying the rent when the work was completed ... estimated 2 months. This was witnessed by a friend.

First 2 weeks were brilliant ...electricians, plumbers builders were in the house and me and my friends were busy clearing the outbuildings with many trips to the tip !!

Then nothing...No arena, Faulty electrics, blocks drains and sewer and fleas in house !!!

Then after 4 weeks I was asked if I could give them some rent ... taken aback I gave them £1,500

Place now looks clean and tidy because of the work I have done but major work has still not been carried out.

4 weeks ago I started getting harrassed for the rent ...I pointed out the work has still not been completed ..said I was happy to pay if the money was used to carry out the repairs but the reply was they would not be able to be done for months.

They are now telling me they have changed their minds and if I pay them full rent they would get the work done... When asked if this could be done straight away as still not safe for riding school the reply I got was cannot say when it will be done.

I have since obtained a riding surface for the arena but the walls are still not safe for clients.

I am now being told (after all the work I have done) that they have changed their minds and they want me to leave because they have a better offer !!

Can they do this ? Where do I stand with all the free labour and arena.

Thank you for reading this far...

Just curious here, did the woman give back the horse that she bought, if so why didnt your friend just give her her money back, certainly would of saved all this trouble.

I feel this is a completly separate issue ...very linked

What happened was she sold this woman a horse for £5k ... she sold it with a 5 stage vetting .. if you are unfamiliar with this the buyer employs a vet to come and check the soundness and rideability of a horse for the purpose the buyer wants the horse for ... it is very intense and this mare flew through it with flying colours... the vetting includes a section where the vet sees the horse ridden and the horse has to been seen galloping ...it is finished with bloods taken to prove it is not doped... the mare left for her new home the same day ....

12 days later the buyer is on the phone upset and angry and saying she sold her a bad horse as it wont let her ride it ...

she offered to go and see it to see if she could help this was declinded and they said they wanted to return it immediatly.

She says she would have it back to sell on there behalf but would not refund the money as it was sold in good order.

They returned the mare back the next day and it was clear there was something wrong with her so the same vet was called out to do another vetting ...he arrived the same day.

He was horrified to see how injured she was and recommended she was turned away for the summer months as it was pulled muscles in her shoulder and back then to bring her gently back into work... On these grounds the lady said she would not give a full refund as the horse was sold sound and she had been damaged in the new owners care

The new owner still did not take her horse back and the lady kept her and carried out all the veterinary and physio treatments for 8 months then sold her again with a 5 stage vetting but for £3k as she had to declare the injury.

Shortly after the mare was returned injured the origional buyer started legal preceeding for the full amout as money owing.

At any point she could have come back for the mare but was not interested.

I hope that helps

WHEW!!!

Ok Sorry

Thank you ...it is just really upsetting and sensitive as they are living creatures ...

Firstly, you have not said how much the debt was for?

 

On the matter of whether the creditor can attend with the bailiff or not. This is unusual, but the creditor has merely been used as an "expert" on horses and therefore is able to "assist" as she would have knowledge on what was likely to be valuable horse as opposed to one that is shortly due for the "kncckers yard"....

 

Even better, she is able to provide suitable transport which the bailiff company would otherwise have to hire etc.

 

In the first place there is a serious problem with the administration at the County Court concerning the service of documents and you will need to speak with the court straight away to resolve this.

 

In many cases a quick solution to the ownership issue would be for the rightful owner to swear a simple Statutory Declaration which MAY work quickly but otherwise the OWNER has to file an INTERPLEADER Application and a copy needs to be sent to the High Court within the area. This could very likely be the High Court of Justice.

 

This is because the horses were not removed by a bailiff but by a High Court Enforcement Officer.

Firstly you must be involved in some way as you know the ins and outs of this that I have not mentioned..

I have stated previously that the origional horse purchased was 5k... the value of the dept is now £9.6k

Surely there are 101 horse experts to come in to assess horses value ..the woman they brought in was suppose to be a pet horse owner ??

The fact that her lorry lorry was used ...and a smart one too !! implies she was very experienced horse owner and should have put her hands up with buying a horse with a 5 stage vetting should prove a good sound horse.

...and the fact that she used her lorry also tells me they are in possesion of the horses ...not in a "safe holding"

The "enforcement offer was aware what horses belonged to the lady but left them in the field ... dont think any where ready for the Knackers!!!!

Also I feel both of these horses could be classed as tools of the trade as they are used to earn their keep on behalf of the owners.

We have been trying to contact the bailiffs office...they do not answer their phone on discuss through email

We asked to speak to someone today to prove ownership and this is their reply in full

Dear Sirs,

We acknowledge your email as detailed below and note the claims therein.

We would direct you to RSC Order 17 (2) which reads:

“Any person making a claim to or in respect of any money, goods or chattels taken or intended to be taken in execution under process of the court, or to the proceeds or value of any such goods or chattels, must give notice of his claim to the sheriff charged with the execution of the process and must include in his notice a statement of his address, and that address shall be his address for service

We must advise that unless we receive formal claims in accordance with the RSC Order as detailed above within 5 days of seizure, we shall sell the horses at auction accordingly.

Yours faithfully

What is this in english??

 

No need to contact the bailiffs, if the typo on the service address was made by a solicitor then its their Professional Indemnity insurance that pays you for the loss and deprivation of the lawful use of your goods.

I dont understand this ... so does this mean the courts clerk who delt with it are liable ?

Personally, I'd take this to a solicitor right away - did the bailiffs leave you any paperwork ?

We are trying to speak with the lawyer now but yet again the office phone is going to answer machine arrrrgghh

The bailiff left a hand writen form stating first horse has no marks or cuts,

Second horse has a few old scratches ..no lumps or marks

That was all ...no photos of conditions ...I would have though a vet should have been called to idntify them

hi

She has spoken to the courts this morning and they have admitted they sent it to the wrong address and have asked her to pay a further £75 to se-submit the Set aside and to apply to get the order reversed ... should she have to pay for it again ?

Also the Bailiffs office are not contactable by telephone only by email ??

The Police were called as when lady tried to take photographs of condition the first horse was leaving in they just led the horse to the lorry and when she tried to grab it back it got heated ... we were the ones who called the police... whilst that was going on they had already gone into the field and caught the other horse and were loading it into the lorry without recording markings,condition etc...

When police arrived all they did was look at ID and took reg and said I dont know where we stand and let them leave.

The bailiffs were Sherrifs high court ltd Croydon

If they took horses that did not belong to this lady then surely it is classed as theft. All sounds a bit 'set up' to me if you get what I mean.

Can you not get the owners of the horses taken to call the bailiff company and demand that they return their horses.

This is what we are all saying ...the owners tried to call bailif but he was not answering his phone so having to wait till the office opens in morning

on the form she filled in a different correspondance address at bottom of form ..they sent it to origional address...

They were shown a bill of sale for one and they would not accept it ..the other horse is owned by someone miles away and could not be contacted at the time.. now he knows he is furious and wants it reported stolen.

Also these horses were used by her for teaching so could these be classed as tools of the trade?

She did an N244 last month and it appears yesterday the court had posted her notification of the date to a wrong address so they ruled in her absence.

A friend of mine had 2 of her horses taken yesterday and we need to know where we stand and what we can do

It debt is in dispute over a sale of a horse returned injured a woman wants full refund.

cut long story as short as possible... she went through the small claims court just saying it was money owing ..no explaination...

She employed Bailiffs who turned up yesterday with the woman and her horsebox and allowed her to cherry pick what horses she wanted picking 2 very valuble horses (resonable value of 30K ..the value of the origional horse was 5k)

They didnt bother with cars ,belonging etc just wanted those 2 horses... she saw them on the yards website.

my questions are .. can they do this and allow the horses to go straight into the possesion of the other party.?

They did this on a saturday not allowing the opportunity to talk to lawyers?

They broke an electric gate onto the estate whilst entering?

And most importantly both horses belong to other people not this lady.

This is very distressing ...the police where called who took lorry reg etc but said there is nothing they can do as its civil ...