Completed last week - vendor has taken integrated washing machine - advice please

Baz2476

Hi All
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[FONT=&quot]I moved into my new home last week only to find that the integrated washing machine had been taken by the vendor, despite being included in the fixtures and fittings list that I had signed.

After spending a few days on the phone to my solicitors and the estate agents, I was getting nowhere as both were saying that they were not getting any reply from emails or voicemail left with both the vendor and the vendor’s solicitors. All very frustrating.[/FONT]
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[FONT=&quot]As I had no contact details for the vendor I have had to do some research and have managed to find a work email address for the vendor. I sent an email to the vendor suggesting I would be taking legal action via the small claims court to recover the cost of replacing the machine (they left the instruction manual with model no. etc).[/FONT]
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[FONT=&quot]The vendor replied within 10 minutes to say that they had requested the machine be removed from the fixtures and fittings back in September, as it was faulty and apologised for any inconvenience. They stated that they had had no emails or voicemails from either the estate agent or solicitor.[/FONT]
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[FONT=&quot]I have since replied to say that regardless of the fact, I was never informed and nor was I presented with a revised f&f list (I may have adjusted my offer accordingly otherwise), so I will still be taking the matter to court to recover the cost of purchasing and installing the new machine (which has now been fitted today).[/FONT]
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[FONT=&quot]The vendor is suggesting our solicitor is at fault for not forwarding the revised f&f list submitted by their solicitors back in September.[/FONT]
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[FONT=&quot]Can anyone tell me if my claim against the vendor would be successful based on the facts provided?[/FONT]
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[FONT=&quot]I do not have the vendor’s new address, so this is a bit of a stumbling block in raising a claim for the time being. Although, I do know the road name and town that they were moving to, so I may have to wait until the land registry is updated for November sales before I can get access to their house number.[/FONT]
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[FONT=&quot]Thanks for any advice.[/FONT]

ValHaller

Baz2476 wrote: »

[FONT=&quot]The vendor is suggesting our solicitor is at fault for not forwarding the revised f&f list submitted by their solicitors back in September.[/FONT]

[FONT=&quot]Can anyone tell me if my claim against the vendor would be successful based on the facts provided?[/FONT]
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It is not answerable on the information you give. Essentially it all hinges on whether your solicitor was advised.

If they were, then the vendor has effectively told you and your argument is with your solicitor. If their solicitor did not advise yours, then your claim should stand and the vendor has an argument with his solicitor.

Remember you are unlikely to be able to charge for the full cost of a new appliance - some allowance should be given for the age of the removed appliance.

Cissi

Whether or not you'd be likely to succeed, I just can't imagine that the value of a second hand, possibly faulty, appliance would be enough to make up for the hassle (and cost) of bringing a claim through court (even Small Claims). Personally I'd forget about it and move on.

Baz2476

Thanks ValHaller, my solicitor is claiming that they were not informed. They have also confirmed (according to my solicitor) that the vendors solicitor told them that they will be forwarding the f&f to the vendor as it included the washing machine.

Even if they did submit a revised f&f list, isn't it down to the vendors solicitor to make sure it is all followed through (i.e. sent to me to sign to be put into the contract?).

Baz2476

well it was only a couple of years old, and has cost me over £500 to replace. I don't like the fact that someone can sign up to a contract and then do what they want. What is the point in the f&f in the contract? I won't be just forgetting about it.

donfanatico

Whats The motive for doing this? Principle or you really feel hard done by ? Was it an expensive top of the range model?

Personally, I'd forget about it and move on.

I see you answered half my question in the next post

ValHaller

donfanatico wrote: »

Whats The motive for doing this? Principle or you really feel hard done by ? Was it an expensive top of the range model?

Personally, I'd forget about it and move on.

I see you answered half my question in the next post

The principle is important. If it is not upheld, it undermines F&F forms.

JQ.

This is presumably all over something worth around £100, how much have you just paid for the house? How much is your time worth to trying recover it?

Personally, I'd forget about it and enjoy your new house.

Baz2476

Yes, main motive is probably the principle and the fact that I can't let things like this go

Baz2476

As said earlier, with installation cost for the new machine it has cost me around £600. That is £600 I would rather not have spent and if I can recover it, I will.

FTB_Doll

If she left it n it was faulty it would of broke she's probably done u a favor forget it id say x