Unfortunately for some yard owners there will be the occasional livery who will not pay your invoice.
There are a number of reasons why this might happen:
- The livery has ‘done a runner’
- They claim not to have any money
- They dispute your invoice
But what are your options in each of these situations, before you consider taking legal action such as pursuing the debt through the courts?
The livery has ‘Done a runner’
If your livery has disappeared without a trace and left you with an unpaid bill, your actions may be limited and will depend on whether or not the livery has left the horse in your care.
Hopefully you have sufficiently prepared your Terms and Conditions/Contract, and you will have the right to have the horse removed, or sold, along with any equipment left behind by the livery. If that is a possibility, you will need to prepare a Torts Notice in accordance with the Torts (Interference with Goods) Act 1977. This will need to be displayed in the yard, sent to the livery's last known address and potentially emailed if you have an email address. If there is no horse or equipment left behind and you simply have an outstanding bill, we can assist with tracing the livery in order to commence the debt recovery process.
It goes without saying that acting where a horse is involved can be tricky, so it’s important to take legal advice before taking action. Legal advice should be taken in every case to ensure that the process is followed correctly. Remember, you remain responsible for the welfare of the horse whilst it is in your care.
They claim not to have any money
If your livery claims not to have any money this can be problematic if you still have the horse in your care. Again, you will need to revert to your Terms and Conditions/Contract to check what rights you have to exercise a lien over the livery's belongings.
Depending on the amount that is owed, there are certain things to consider to commence the debt recovery process. This includes considering what possible assets the livery has - do they have a property, do they work, do they have any money in the bank that they are not telling you about? You will probably know more about your livery than anyone else and will know what kind of car they are driving and whether they have alternative employment.
Setting up a manageable payment plan with them might be an option, and keeping the lines of communication open will always be the best way to get paid.
Disputing the debt
If your livery is disputing the invoices, it is essential to understand what the problem is.
Disputed debts can become quite problematic and expensive and therefore it is best to try and iron out these issues prior to involving solicitors to save yourself cash.
If the dispute has been resolved, we can deal with it as a debt recovery matter through our cost-effective portal.
Summary
The best way to recover debt is to avoid being an issue in the first place. The more convenient you make it, the higher the likelihood of prompt payment. Be proactive in collecting payments, enforce solid late-payment penalties and collection policies, and adhere to them. Maintain records of all correspondence with the livery, including call logs, emails, letters, and proof of delivery or collection, which can be invaluable if the matter goes to court.
However, if things don’t to plan (and they can’t always!) the best place to start with debt recovery is with a solicitor's demand letter. Roythornes offers a solicitor's demand letter service for just £10.00 plus VAT per letter. Instruction is easy and through our online Debt Recovery portal and you can request a letter to be sent to your debtor. All we need is the debtor’s name, address, and amount of debt. If you have an email address, the letter can also be emailed.