*** DISMISSED *** Small claims for stabling fees

[Stopbox]

The death of the horses was not the claimants fault, it was due to illness and old age. With reference to the counterclaim I have evidence for all of it.

however, all payments made to her were made in cash and I also paid her £2,000 on 17/12/17, I have evidence that I took cash out of my bank but no proof it wasn’t handed to her and this would take my payments up to 11/5/2017. I then had a text from her on 5/7/17 asking me for more money, I replied I would be there on 6/7/17 for a chat. I then took £1200 to her and we sat and have a talk about the fact I had only 2 horses and that I should no longer be paying £400 every 4 weeks but only £200, she agreed and took the money from me and as far as I was concerned she was paid up until 31/8/2017. On 20/9/2017 I then got another text from her asking for money and enquiringly about my health, I texted back that health was still being investigated but also I would be round to see her about the 20/9 with money, I then paid her £1,000 and again I thought this would take me to January 2018. However, at this meeting she then denied having any agreement with about reducing the money, but didn’t do anything about it. At the end of December she requested that I pay all outstanding monies for the 4 horses (even though I have 2) and that I had to pay it by Friday 8th December or else. Hence why I moved off the yard. There is no livery contract in place stating how much notice I give her or who is responsible for what.

i have today requested a letter from my vets to prove I have 2 horses and since when. I’ve also got in touch with the other livery’s husband to see if he can help with a letter stating that the fifth stable was built for his daughters pony, unfortunately the one who could definitely help me died last year.

Ive also got text messages between myself and friends about when I moved onto the yard, and texts to my farrier stating I have 2 horses at the farm.

I will I’ll get the letter you stated typed up today and sent tomorrow, and Just to make sure I understand this letter will be sent to the claimant not the solicitor?

[Stopbox]

Here is my record of payments 0942ADF3-A1D5-42D7-88DE-31D80FC2455E.jpegAE684BF1-248D-444F-98CA-2BB0062D38F5.jpeg088EA836-6784-4C39-A208-8621301CFD8F.jpeg

[jaguarsuk]

Hi, the letter is sent to the address on the claim form, if that's the Solicitor then it goes to them.

Properly understanding everything is important to advise, so I have updated the timeline, is this correct?

Jan 2012 agreement
Nov 2016 Payments ceased
Dec 2016 Payment of £2000
July 2017 Payment of £1200 and Payments reduced by half
Sep 2017 Payment of £1000
Dec 2017 Left Stables

Okay, so assuming it's correct that changes everything and you withdrawing the money on or around those dates will be crucial to defeating her claim.

I worked out the payments schedule was this from the dates:

17/12/2016 100 p/w to 11/05/2017
12/05/2017 100 p/w to 06/07/2017
07/07/17 50 p/w to 31/08/2017
01/09/17 50 p/w to 07/12/2017
07/12/2017 7.14 p/d to 09/12/2017

You paid in total £4200 and were due in this time to pay £3914.28 therefore by my reckoning you have overpaid £285.72.


Edited to add: The fact you have kept meticulous records of payments is good, if the payments amounts are withdrawn from the back around those times then that will back up their validity.

[Stopbox]

The only grey area is that the July payment was made from me selling lots of horse stuff, I did not take cash out of the bank, however I have kept details of what I sold c/w picture, who it was sold too and when it was sold.

i presume with the overpayment that you state, you are not working on the fact that according to the claimant I have to pay for 4 weeks notice ie to end of December 2017.

[jaguarsuk]

The only grey area is that the July payment was made from me selling lots of horse stuff, I did not take cash out of the bank, however I have kept details of what I sold c/w picture, who it was sold too and when it was sold.

i presume with the overpayment that you state, you are not working on the fact that according to the claimant I have to pay for 4 weeks notice ie to end of December 2017.

No, there was no written agreement and I would assert that there were no terms for you to give any notice at all.

Bu saying you paid the £7.14 per day for the 8th and 9th December you then assert that you were only liable for the actual usage, which you paid and that once vacated the Claimant was free to lease the space to someone else, so has suffered no loss.

I know you have Acknowledged Service, but what was the date on the claim form so that we can figure out your deadline day for Defence?

[Stopbox]

Date of service on the claim form was 19/3/2018

Brief details of claim
For unpaid stable fees at farm arising during period 26/11/16 to 31/12/17


also, with reference to my 2 deceased horses, I lost the first on 17/10/15 and the 2nd on 4/2/16 so from 5/2/16 this was when I went down to 2 and this is what I’m hoping to make my counterclaim against.

[jaguarsuk]

Date of service on the claim form was 19/3/2018

Brief details of claim
For unpaid stable fees at farm arising during period 26/11/16 to 31/12/17


also, with reference to my 2 deceased horses, I lost the first on 17/10/15 and the 2nd on 4/2/16 so from 5/2/16 this was when I went down to 2 and this is what I’m hoping to make my counterclaim against.

Good we have ages to get the Defence and Counterclaim all figured out. The claim form is brief as there’s limited space in the box and it’s why the Solicitor has provided separate Particulars of Claim, in a very timely fashion too.

I think the problem you might have there is that on your accounts you are paying £400 a month until July 2017 and then reduce your own accounts to £200 a month.

The question a judge would ask is why under the terms of the agreement if you thought you were paying on a per horse basis as opposed to a flat rate for the space regardless of occupancy do your accounts show you paying £400 a month despit the stable being occupied since Oct 2015 by 3 horses and Feb 2016 by 2?

You are going to need to show those accounts along with bank statements to show add to their credibility to defeat her claim in my opinion. And if you were to alter your account the sums and timelines simply wouldn’t add up.

Your counterclaim should be for the items you can prove you stated you’d counterclaim for in the letter to the Solicitor, the overpayment amount owed after you left on 9/12/17 and compensation for the harassment by the claimant at your work place in my opinion.

[Stopbox]

Ok, my husband suggested the same thing, and yes it makes much more sense (I was going by what the CAB had advised). How do I work out compensation regarding the harassment?

[jaguarsuk]

Ok, my husband suggested the same thing, and yes it makes much more sense (I was going by what the CAB had advised). How do I work out compensation regarding the harassment?

The CAB are more of a hindrance than a help sometimes, you’d think they’d be better informed. That’s not a dig at you by the way, you asked their advice and followed it trusting them. It’s just a frustration on my part.

Anyway, back to the subject in hand.

That is a very good question and I don’t know the answer. I’m on my phone in the pub having a beer right now, so this is something I’ll research tomorrow and then we’ll pick up from there.

I’ve already got what I believe to be a good draft of your defence typed up, so you’re miles ahead right now.

[Stopbox]

Excellent, thank you for all your help. Enjoy your beer, you deserve it

[Kati]

I'm on my phone in the pub having a beer right now

hope it's a proper beer (with a whiskey chaser lol) xx

[Stopbox]

One last question, in the letter I’ll be sending tomorrow. The date of filing my defence, will this be (if I’ve understood you correctly) 20/4/18? - 33 days from date of service

[jaguarsuk]

One last question, in the letter I’ll be sending tomorrow. The date of filing my defence, will this be (if I’ve understood you correctly) 20/4/18? - 33 days from date of service

Yes, it’s 33 days! I haven’t done the maths to confirm the date though.

[Kati]

Yes, it's 33 days! I haven’t done the maths to confirm the date though.

Saturday, 21 April 2018

https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

[jaguarsuk]

Saturday, 21 April 2018

https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

In which case you gave until 4pm Monday 23rd April 2018 to file as if your date falls on a weekend or bank holiday it’s the next working day at 4pm.