Worth making a civil claim

[GEDL76]

My partner rented a stable for her horse, the deposit was £300 plus 1 months rent in advance followed by payment on 1st of each month. She has no signed contract. She has various emails between the owner of the yard and her discussing various matters. Due to a separate issue the person who was assisting with providing my partner with a 7 day livey due to her work commitments, but that person had to leave. My partner was worried as there was no-one due to take over the 7 day livery so my partner found another yard, she gave her notice on 11th November that she was going to leave. On 1st December she expected her deposit to be refunded but it wasn't and so she requested a refund to be told no and to refer to her Ts&Cs in her contract, which she does not have or has ever signed a contract. My partner gave the yard owner 10 days notice to refund the deposit but she failed to provide the refund. My partner then notified the person she will be seeking to taking her to court, she got a reply back saying if the court say she has to pay her back she will. My partner has a screenshot of the deposit payment and many emails. There is no signed contract and my partner has an email requesting a copy of this signed contract but to date no signed contract has been provided.

My partner is thinking of taking out a small claims court case but is worried she might loose. I think she won't loose as she's got proof of a depoait, there is no signed contract and the deposit hasn't been returned. Any advice will be most appreciated and grateful. Thank you.

[atticus]

From what you say, I can see no reason not to bring a claim. That is not to say she is certain to win. The outlay in court fees will be small, and that plus her time and travel will be her total level of risk.

She may be unsuccessful in court, but if she does not bring a claim there is a 100% guarantee that she will not win.

[GEDL76]

Atticus, thank you. I think my partner stands a good chance as although itvis civil it is kinda like theft as she's appropriated the monies belonging to another with the now intention of permanently depriving the other of it. This woman has done it to a few people on this yard but they are fair rich and or don't seem to care whereas £300 is a lot to us. Thank you.