Been owed money since end of April

[Sirrel Squirrel]

Just after a bit of advice, my wife sold her horse back to the previous owner for £3000 on the agreement that she paid £500 deposit up front and the rest by the end of April.

The woman has still not paid in full, we've had the money in dribs and drabs, currently she owes £1100 and doesn't know when she can get it. We've had enough of the constant excuses, so we are going to go and take the horse back.

Now the question, would you give back the money she has paid already less the deposit or keep it all, I'm not sure where I'd stand legally.

There is a contract in place regarding the deposit and final payment amount.

 

[Moley]

Now the question, would you give back the money she has paid already less the deposit or keep it all, I'm not sure where I'd stand legally.

There is a contract in place regarding the deposit and final payment amount.

Well, what does the contract say in regards to failure to pay on time?

 

[Cuchulain]

Just after a bit of advice, my wife sold her horse back to the previous owner for £3000 on the agreement that she paid £500 deposit up front and the rest by the end of April.

The woman has still not paid in full, we've had the money in dribs and drabs, currently she owes £1100 and doesn't know when she can get it. We've had enough of the constant excuses, so we are going to go and take the horse back.

Now the question, would you give back the money she has paid already less the deposit or keep it all, I'm not sure where I'd stand legally.

There is a contract in place regarding the deposit and final payment amount.

Write to her stating that you will take her to court if the full amount isn't paid by XX/XX/XXXX, if you get no joy, send her a letter before action giving her a further 7 days to cough up, if she's still not forthcoming get on Moneyclaim and start court proceedings.

 

[britboy4321]

Taking the horse back sounds like theft to me. You better make it clear to her that you have taken it and not some other ruffian, otherwise the first thing she's going to do is call the plod, who may well nick you.

You also better give her the money back before you take the horse (indeed, minus deposit).


Might be easier if you just take collateral. Tell her you'll hold on to her car keys until she coughs up, as collateral. Or you'll take her wedding ring and pawn it. When she gets the money, she simply gives it to the pawn broker. You're out of the loop.

 

[div0]

so we are going to go and take the horse back.

Definitely no way this could make things worse.

 

[Sirrel Squirrel]

We own the horse until the full amount is paid, which was meant to be the end of April, which is why I can simply take the horse back if she doesn't pay up, it's just whether I have to give back any money she has paid less the deposit.

 

[Viper²]

It's only May...

 

[Participant]

Tell her she'd better 'rustle' up the cash, or else!!


Also if the contract states that the deposit is non-refundable in the event of non-payment, definitely don't give it back to the stupid bint.

 

[britboy4321]

We own the horse until the full amount is paid, which was meant to be the end of April, which is why I can simply take the horse back if she doesn't pay up, it's just whether I have to give back any money she has paid less the deposit.

Of course you do!

 

[Sirrel Squirrel]

It's only May...

She paid the deposit at the start of April so she had a full 4 weeks to come up with the rest, it's now 3 weeks into May.

 

[taliesyn]

Of course you do. If you take the goods back, you have to refund the money.

 

[edscdk]

well she owns 2/3 of hte horse so cut it in 3 and take your 1/3 back?

 

[Participant]

Of course you do. If you take the goods back, you have to refund the money.

Are you sure? Some deposits are non-refundable. Remember, he is not a shop.

 

[GhostlyPea]

Tell her no more horse play. After all she still owes you some pony for it.

- Pea0n

 

[britboy4321]

Are you sure? Some deposits are non-refundable. Remember, he is not a shop.

He's not talking about keeping the deposit (£500). He wants to keep every single penny she gave him so far (> £500)

 

[div0]

Tell her you want the money now and you won't take neigh for an answer.

 

[Participant]

He's not talking about keeping the deposit (£500). He wants to keep every single penny she gave him so far (> £500)

So he is, I mis-read. Lol in that case.

Tell her it's not your fault if she doesn't have a stable job.

 

[Craig1981]

Have you seen the episode of Family Guy where Brian owed Stewie some money?

Basically your Stewie and shes Brian. You know what to do.

 

[BennyC]

If you're taking the horse back the logical thing to do is refund her everything but the £500 deposit. Give her a deadline until you will be doing this. If she misses the deadline but still wants the horse then charge her another deposit as it is another sale and most likely going to be more ballache for you.

 

[Sirrel Squirrel]

Consumer Direct say I have pay her back less the deposit and less expenses for collecting the horse, stabling and re-selling, which works out at about £500.