Fixture included in sale - BUT TAKEN!

Guilefox

Hi Money saving experts.

BACKGROUND

We recently purchased a new family home. We had no chain either. It took 6 months to buy the house. Our offer dependent on vendors moving into rented (who then changed their minds and joined a big chain).

They didnt seem happy though with the price they had accepted, seemed they'd spent a fair few quid on the place. We were first time buyers so perhaps a little paranoid about the process of buying a house. So I requested an inventory of what stayed and what was going (fixtures and fittings). In the offical list they wanted £2k for curtains for example and money for light fittings! We said no thanks we just want to move in, keep the lot.

The sale dragged on got to the point where we nearly pulled out and let the chain collapse we were so annoyed with them (having to rent during xmas in a horrible place). After many exhange dates fell through they agreed to let us have their Vogels TV stand (which originally they wanted £250 for) we agreed and waited another month. Finally we exchange and completed. Although even on day of completion they had not vacated by 1pm and were still stripping anything they could from the property literally running out of the door as we pulled into the drive!

MY PROBLEM

Ok so that is the background. My quest for advice though is regarding the Vogels TV stand which I requested be put in writing by their solicitor and was included in sale.

On arrival to house I found that half the TV stand was missing. The part that connects the TV to walled column. Within 20 mins of arrival I called estate agent. They said they would ask him but he was in the US and his things were in storage. Seemed he might have accidentally left the bracket attached to TV and put it in storage. And cant get it out. Smelling a rat I ask solicitor to formally request the rest of the stand from his. (I included image of the stand and which part was missing). I'm glad I did, within a day the estate agents came back saying he does not know what I'm talking about. I explained how the TV stand worked. Then I got a formal response a week later..

Vendors - Solicitors letter 1.

- This stated that the part of the stand taken was integral to the TV and the vendor needed it for his TV. They also tried to say the column below the TV stand was included not the TV stand. :rotfl: (I checked solicitors letter from the sale again and it said "wall mounted TV stand") the part underneath was not even relevant.

I replied stating that the TV stand has VESA mountings and Vogels confirmed its all part of the same wall mount TV stand.

Vendors - Solicitors letter 2.

- Arrived today - now stating he does not have that bracket, and that he never removed it!

It seems 2nd letter contradicted the first slightly?

OPTIONS?

I can afford to take him to court and would do, simply out of principle. I cant even replace the half of the missing TV stand as you cant buy it in halves. And removing it damages the wall. I don't have his contact number, not sure that would be constructive as I think he hates me as much I do him now! Do I have a case?

My fixed fee cheap survayncing solicitors really dont want to help anymore. So should I got to CAB, can I bring a case against him on my own?

evoke

Jeez. It's a bleedin' TV stand. Buy a new one.

In the great scheme of things is it really such a big deal? You've probably shortened your life by a couple of years from the stress over a £250 TV stand. Is it worth it? Just enjoy your new home and buy a new TV stand. Dragging this matter out will not be good for your cardiovascual and neurological systems.

G_M

'fraid I scim-read as so long but:

if the contract said items included, then if they were not left you should
a) try to resolve amicably (phone? letter?) and then
b) sue - yes: small claims court is straight forward if you know where he is

pimento

Get yourself a couple of spare brackets:

http://www.partmaster.co.uk/cgi-bin/shop.pl?shop=vogels

hazyjo

I'd be inclined to let it go...

I was all for going down the legal route when I started reading your post, but if that's literally all that's missing and everything else is there, I'd move on.

We're in month 5 at the mo of a purchase that was meant to be quick, and have been tempted to pull out - but we know we want the house and, tbh, even if we moved in and half the stuff was missing we were expecting, we would just want to shut the door behind us and never have any contact with the vendors or solicitors ever again. I honestly think there's only so much your brain, emotions and sanity can handle.

Check the curtain poles for prawns, btw

Have fun in your new home. Kick off your shoes, lean the telly against a wall for now and just get on with it, you must be knackered!

Sometimes you need to know when to let things go... I'm a sucker for 'principle' and would fight tooth and nail on that basis, but even I know when I'm beat.

You don't know what's round the corner so don't take on board anything you can avoid (we've now got seriously ill fathers and four other people we know battling cancer - we're living in Stress City and, trust me, you don't want to be dealing with anything petty or house related during that time - we're pulling our hair out (and hubby's not got much to start with lol)).

Jx

poppysarah

Just remember the odd bit of post will get misdirected to your new house and it will be lovely to deal with it appropriately.

Revenge can be served quite coldly with a smile.

(Writing "Not at this address" on his post will cause him a little problem with anything important)

Guilefox

Thanks for your replies.

Part of me tells me to let it go. But I am a taurus (whatever that means..stubborn?) and I also don't like to let anyone get away with behaving so "badly" (apathy like this seems to be a problem with society in general ..banks..politicians) it just breeds more problems.

But your right I have a young baby girl and spent last 3 weeks renovating the the place. Don't need hassle of ripping out this wall mount. Might mean filling, decorating and the original loss of its value plus purchase of a replacement.

@pimento thanks for the link! (If I can get a bracket replacement I might have be more tempted to forget these people).

@hazyjo - yes sounds similar to our position. They put us right out by dragging it on and basically lieing! By month 6 we were fully aware they had paid for surveys and solictiors for buying and selling so felt like pulling out just to spite them but we wanted the house too much remember though if your not in a chain you have the power!...

Good Luck with your purchase

Guilefox

poppysarah wrote: »

Just remember the odd bit of post will get misdirected to your new house and it will be lovely to deal with it appropriately.

Revenge can be served quite coldly with a smile.

(Writing "Not at this address" on his post will cause him a little problem with anything important)

yes we have some of that mounting up already! I was keeping it safe for him......

Guilefox

pimento wrote: »

Get yourself a couple of spare brackets:

http://www.partmaster.co.uk/cgi-bin/shop.pl?shop=vogels

I now recall this website as one of many I found as I trawled the interent looking for a spare part to replace it last month. my search continues!

I'm looking for black bracket at the end like this..

http://www.amazon.co.uk/Vogels-EFW6345-Universal-Optimally-Adjustable/dp/B000CDHQGG

geoffky

life is too short...move on and enjoy your new house

ours even took the bloody doorbell

Guilefox

@business_man - It was fixed fee conveyancing (wont mention the name here obviously but they have a few offices around Thames Valley area) I think they charge £450 for buying a £320k house, about same for selling too, or bit less (they have an online calculator where you put in your house price and it tells you fee). PM me for details if you want.

What you get for your money is a couple of legal secretaries who do all the leg work (theyre ok but not the fastest and need a proverbial kick up the...). Then at point of exchange it all gets dumped on the "real" solicitor's desk and they read through it. That can mean last minute problems if something is not straight forward.

I sold my flat last year through them too, and the sale nearly fell through because I did not have building regs or landlord approval on work carried out. (mine) Not their fault I know. However I had to research loads and got some help on here from a great guy about indeminity insurance. They denied it was possible to get it! In the end I rang up to get the insurance myself (posing as a solicitor) (to check it was possible) and then rang my solicitors to give the legal secretary the details on what to do and how to get it for me (officially) and the sale went through.. (a proper conveyancing solicitor at full whack would have sorted it in a jiffy) so be careful! If you wondering why I used them to buy the next house, was simply down to price. (by then I was quite au fait with conveyancing laws!)

@geoffky - your right. I found bracket for 40 quid that I need and it arrives tommorow. I guess I had just got the letter and was angry yesterday (fortunately I was semi prepared for this and put the door bell on my inventory list as well as the house number plate!), I will forget these ppl and move on today! :rotfl: