The NZTA can write a letter to a slow payer on your behalf. A template is provided for trainers to complete the necessary information and then a letter is sent to your debtor. This has had the desired effect on a number of occasions as it represents an official and neutral approach.
Should the results not be so successful, or if you just want to take the account direct to a debt-collector, we can suggest a debt-collection agency to act on your behalf. Please contact Jason Fleming at Account Collections – [email protected]
APPLYING A LIEN – auction thru gavelhouse
APPLYING A LIEN TO RECOVER MONEY OWED
Trainers are able to use the Liens Act for the recovery of bad debts. This act allows for the sale of a chattel to compensate for work done and gives the trainer the option of selling the horse to recover money owing to them if they are unable to recover the money direct from the owner.
A lien may only be exercised
- if the horse has had some time in work with the trainer (not just agisted) and
- if the horse is still in possession of the trainer.
To exercise the lien the trainer must do the following:
- Advise the owner of the intention to exercise the lien, at least 7 days prior to the sale of the horse and
- Place an advertisement in the local newspaper at least 7 days prior to the sale of the horse.
Trainers’ Association sponsor, gavelhouse.com provide the facility for the sale of the horse through their auction process. They require the following:
- Copy of the advertisement placed in the newspaper which must be done at least 7 days before the sale (a classified placed in the local newspaper – see example of wording below)
- Copy of the letter or email sent to the owner(s) at their last known address - stating your intention to sell the horse; which must be sent 7 days before the Sale.
- Notification may be sent by registered post, courier or email.
- Copy of the receipt showing that the letter was sent by registered post/courier must be produced.
- If letter is emailed, confirmation of delivery of email by the recipient must be produced.
- Sign and return to coman “Indemnity For Sale Entries Under the Liens Act” form – copies available from gavelhouse.com
EXAMPLE OF AD THAT CAN BE PLACED IN THE PUBLIC NOTICES SECTION OF LOCAL NEWSPAPER:
Be advised that XXXXXXXX of (LOCATION), (COUNTRY) owes (INSERT TRAINER’S NAME) of (LOCATION) $XXXXX for agistment and training services rendered. As such one (INSERT HORSE’S REGISTERED NAME, YEAR OF BIRTH, BREEDING) will be sold under the Liens Act in the gavelhouse.com online auction on (INSERT DATE OF AUCTION). Notice placed by (INSERT TRAINER’S NAME).