Court Action for non-payment of goods

Ali120604

I bought a property and had a verbal agreement (via the estate agent and not directly with the vendor) to buy the white goods for £150 on the priviso that I could inspect the goods before I confirmed I would pay the money.

3 days prior to completion the estate agents and I tried to access the property but were unable to open the door. The estate agents contacted the vendor but he didn't arrange for anyone to show me the goods.

Upon completion we still could not get into the property and the vendor said that he would try to help after 4pm the following day. This was unacceptable as I needed access to my property; he finally agreed to meet me at 10pm.

He had been a bully so I decided not to meet him and would arrange alternative access to the property.

The white goods were okay, clean and they worked but they were quite old.

I am now refusing to pay him as he was uncooperative with the access to the property, I incurred additional solicitors fees as they tried to get access to the property for me, I wasted an afternoon from work and also the time prior to completion when we tried to access the property.

He has sent me a letter threatening me with court action.

Would you pay him?

lynzpower

This is a mess. It sohuld have been all sorted in your contracts that were exchanged, did your sol not suggest this

Id pay for them, you are obviously using them Would you have been aggrieved if he had taken them with him without you viewing them first?

Ali120604

Thanks Lyn - the estate agent said it wasn't worth invovling the solicitor as this all happened post exchange!

I guess I'm more aggrieved that he threatened me many times on the sale of completion and I was quite scared to meet him after 10pm alone. I guess that's a different issue.

lynzpower

when you say he threatened you what do you mean?

MegS

Personally I wouldn't pay him - tell him its a downpayment for the additional costs and interest you incurred because he failed to complete. Either that or tell him to shove his white goods. As you didn't make it part of the contract (the purchase of the white goods) it isn't an issue for the conveyancing solicitor to resolve. He sounds a right nasty piece of work so perhaps you should be careful, make sure you make a note of any threats and bullying he has made towards you.

lemontart

2 options pay him and forget about it or say fine - countersuit for not having access to your property after completion etc.

Beth
xx

Ali120604

Thank everyone - I think I will pay what I think is a reasonable amount. Not sure if that stops him taking me to court though!

martinpike

You should pay him the £150 as agreed. Last time I looked being a pillock wasn't actionable, but non payment of debt is.

Don't give him the satisfaction - you've made your point to him.

Debt_Free_Chick

Ali120604 wrote:

I am now refusing to pay him as he was uncooperative with the access to the property, I incurred additional solicitors fees as they tried to get access to the property for me, I wasted an afternoon from work and also the time prior to completion when we tried to access the property.

I think you would struggle to succeed with a court claim, on these issues. They were not part of the original agreement. You agreed to pay him a price for certain goods. The goods have been delivered, therefore you should fulfil your side of the agreement.

If you wanted to add conditions to the deal, then you should have done so, when you bargained.

I doubt that a Court would find in your favour.

bs0u0128

since he is nasty AND he knows where u live! pay and get them on ebay to recoup

Alan_M_2

martinpike wrote:

You should pay him the £150 as agreed. Last time I looked being a pillock wasn't actionable, but non payment of debt is.

Don't give him the satisfaction - you've made your point to him.

This was my feeling as soon as I read this post.