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Small claims court

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Small claims court

Postby woodstalker » 03 May 2021, 21:14

Anyone got any experience of doing this? Moved mum just before Christmas to a new home and finally got up to see her a few weeks back and we realised that the previous owners have taken the washing machine and tumble drier which were listed as being part of the sale (my brother and I live quite far away but have been dealing with all the paperwork etc for her) Been chasing the sellers for a few weeks through the solicitors but if they continue to ignore apparently we can only look to the small claims court but I’ve got no idea how easy or pointless that could be.
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Re: Small claims court

Postby AJB Temple » 03 May 2021, 21:31

It's all changed.

Send a simple letter before action stating what they owe and why. No emotion, no elaboration. Short.

Then follow this link. https://www.gov.uk/make-money-claim
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Re: Small claims court

Postby RogerS » 03 May 2021, 21:45

Hopefully the letter will be enough. But if you do go down the Small Claims Court, be prepared for it to take well over a year as they have a huge backlog due to Covid.
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Re: Small claims court

Postby Artiglio » 03 May 2021, 21:54

I went through the process a few years back, as noted above its changed a bit, but aside from the likely delays , also bear in mind that even if judgement is in your favour , you will be relying on on them willingly paying up. Otherwise its another protracted process to try and get payment.
I won and eventually got my money, but more by luck than judgement, the amount of time it all took was considerable.
Most certainly do the pre “action” contact etc, but if that doesn’t work, think long and hard about going the whole hog. How much are the disputed items worth?
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Re: Small claims court

Postby woodstalker » 03 May 2021, 22:01

We’ve already contacted their conveyancing solicitor via ours to point out the issue but no response. We have asked for cash to replace the items and expected them to make a counter offer or flat refuse like they did with everything else in the sale. So far, as I say, nothing. Annoyingly this only came to light after we settled our solicitors bill so imagine it’s not a high priority for them.

Thanks for the tips and the links. I’ll have a look and decide what to do. It’s frustrating but there you go, I should broken Covid rules and gone and helped on the day but we have been trying to follow every rule as best as we can and Mum is in wales to add to the level of confusion.
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Re: Small claims court

Postby AJB Temple » 04 May 2021, 07:04

Just send the letter before action labelled as that. Courts expect this. You do not need a solicitor (this is peanuts for them). Specify clearly what they owe and how you arrived at that sum. Don't pad it. Give them sensible time to pay after which issue money claim with no further notice.

Make sure that your claim is valid and that the sale and purchase agreement was not ambiguous on these specific points.

It will probably all be dealt with on line. If you get judgement and they don't pay, then enforcement is easy enough given that you know where they live. People generally do not like CCJs on their credit record.

(Disclaimer. This is not advice and I no longer practice law professionally).
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Re: Small claims court

Postby woodstalker » 05 Aug 2021, 13:05

Just to update on this thread. The sellers finally paid up an agreed sum to cover the cost of replacing the washing machine and tumble drier. It was like getting blood from a stone though!
Last edited by woodstalker on 05 Aug 2021, 20:16, edited 1 time in total.
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Re: Small claims court

Postby PAC1 » 05 Aug 2021, 20:03

Well done. All to often actually getting blood out of a stone is easier.
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Re: Small claims court

Postby Mike G » 05 Aug 2021, 20:05

Glad to hear it, woodstalker. Did you ever find out why they took stuff which they'd agreed to leave (given that they didn't need to agree to leave it in the first place)?
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Re: Small claims court

Postby woodstalker » 05 Aug 2021, 20:16

Mike G wrote:Glad to hear it, woodstalker. Did you ever find out why they took stuff which they'd agreed to leave (given that they didn't need to agree to leave it in the first place)?


Mike, they just said it was a genuine mistake. It was the sellers children that dealt with the sale but they were quite difficult to deal with throughout the sale. All paid now (8 months later!) so problem resolved.
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Re: Small claims court

Postby SamQ aka Ah! Q! » 06 Aug 2021, 08:51

Well done, W.S. . Our first house, the git removed every thing, including the light bulbs!!
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Re: Small claims court

Postby 9fingers » 06 Aug 2021, 09:39

SamQ aka Ah! Q! wrote:Well done, W.S. . Our first house, the git removed every thing, including the light bulbs!!


Taking light bulbs is just petty but I think taking the curtain rails is the lowest of the low.

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Re: Small claims court

Postby Woodbloke » 06 Aug 2021, 09:52

woodstalker wrote:Just to update on this thread. The sellers finally paid up an agreed sum to cover the cost of replacing the washing machine and tumble drier. It was like getting blood from a stone though!

Good to hear that it was resolved; sounds a fairly protracted process over some ‘white goods’. I suspect that they thought they might get away with it and a fuss wouldn’t be made. Washing machines are awkward things to move once installed so I guess they had their work cut out shifting it - Rob
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Re: Small claims court

Postby woodstalker » 07 Aug 2021, 08:14

Woodbloke wrote:
woodstalker wrote:Just to update on this thread. The sellers finally paid up an agreed sum to cover the cost of replacing the washing machine and tumble drier. It was like getting blood from a stone though!

Good to hear that it was resolved; sounds a fairly protracted process over some ‘white goods’. I suspect that they thought they might get away with it and a fuss wouldn’t be made. Washing machines are awkward things to move once installed so I guess they had their work cut out shifting it - Rob


To be honest Rob we probably would have left had they not been so hard nosed over everything else that left us out of pocket. I was annoyed so persisted.
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Re: Small claims court

Postby Lons » 07 Aug 2021, 09:07

SamQ aka Ah! Q! wrote:Well done, W.S. . Our first house, the git removed every thing, including the light bulbs!!

We moved into a house where they'd taken the centre light fittings and wall lights but left bare wires, I was not amused! :x
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Re: Small claims court

Postby RogerS » 07 Aug 2021, 09:09

Lons wrote:
SamQ aka Ah! Q! wrote:Well done, W.S. . Our first house, the git removed every thing, including the light bulbs!!

We moved into a house where they'd taken the centre light fittings and wall lights but left bare wires, I was not amused! :x


I always thought that there was some 'standard' for want of a better word whereby they HAD to leave a light in each room unless previously agreed prior to exchange of contracts.

Curtains, on the other hand, are deemed neither here nor there !
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Re: Small claims court

Postby woodstalker » 07 Aug 2021, 09:37

RogerS wrote:
Lons wrote:
SamQ aka Ah! Q! wrote:Well done, W.S. . Our first house, the git removed every thing, including the light bulbs!!

We moved into a house where they'd taken the centre light fittings and wall lights but left bare wires, I was not amused! :x


I always thought that there was some 'standard' for want of a better word whereby they HAD to leave a light in each room unless previously agreed prior to exchange of contracts.

Curtains, on the other hand, are deemed neither here nor there !


Must leave at least a ceiling rose/ pendant light in each room. Not sure if it needs to have a bulb in it but I expect as long as they say on the form they are not included in the sale then they can take them.
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Re: Small claims court

Postby 9fingers » 07 Aug 2021, 10:33

The conveyancer/solicitor should be using the Law society fittings and condition form TA10

here is a typical completed one from a flat I bought specifically the section on lighting.

ta10 form.jpg
(112.25 KiB)


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