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

ValHaller

Cissi wrote: »

But the point is that you wouldn't stand any chance of recovering all or even most of this, even if you managed to put together a cast-iron case. You will at most be deemed to have lost the value of the old (and as the vendor argues, faulty) appliance. I highly doubt it will be worth the hassle...

Ah! How to move out and take things on the F&F list and get away with it scot-free. Just claim they were broken.

LeafGreen

Why would the vendor take a faulty appliance with them and not inform anyone that it was faulty. Sounds odd to me, I'd be doing the same as the OP, on principle.

Sorry I can't answer the actual question that you want answering, all I can say is personally I would take it further.

Best of luck.

jbainbridge

I know £500 might be a small amount when you consider the costs of moving house but not all of us can write off that amount of money.

Good on you OP ... let us know how you get on. Good luck!

paye

Life to short to worry about a second hand washing machine.Move on.

moneyistooshorttomention

I also don't believe that the machine was faulty.

If indeed it was faulty then the vendor would have left it there anyway, just so that you couldn't say he'd stolen your washing machine.

In the event, I would say he HAS stolen it and I would be pursuing it in the Small Claims Court.

It will probably take several months to have this claim come up, but that's the way it is. I expect he will pay up literally the day before the case is due to come up.

Personally, I would be forwarding on a letter to him now via his estate agent and another via his solicitor. I bet they have his new address.

Hopefully, you will be able to get hold of his address later on...but might as well start the ball rolling now.

Hoof_Hearted

I think you need a letter from your solicitor stating that at no time was he/she told that the F&F list had been amended. Then go to small claims when you know the address.

I would be furious as well. Even if you don't get the full amount back, at least you have confronted the vendor.

If I were selling my house and an appliance broke down, I would feel obliged to repair/replace it before completion. It's the moral thing to do.

jules888

Baz2476 wrote: »

Hi All
[FONT=&quot] Stay with me…[/FONT]
[FONT=&quot] [/FONT]
[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]
[FONT=&quot] [/FONT]
[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]
[FONT=&quot] [/FONT]
[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]
[FONT=&quot] [/FONT]
[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]
[FONT=&quot] [/FONT]
[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] [/FONT]
[FONT=&quot]Can anyone tell me if my claim against the vendor would be successful based on the facts provided?[/FONT]
[FONT=&quot] [/FONT]
[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]
[FONT=&quot] [/FONT]
[FONT=&quot]Thanks for any advice.[/FONT]

With all the stress we had moving i wouldnt be very bothered about this.We were the other way round.Vendors actually left us a washing machine and a hoover that we didnt expect and both work fine!

LADYXXMACBETH

Personally I would just leave it. Sometimes things like this can tear you apart emotionally. If you don't win the case it's going to make you angry. It could also make the sellers quite angry and they know where you live. I don't think the work or hassle of it is worth it.
If it was something like carpets, or a garage building or something that would cost thousands to replace then you might have a point. It's £300 for a new washing machine. It will cost you £100 to go to court and even then if they can prove they don't have the necessary funds to pay you you won't get all of the money back. If it was faulty then they have done you a favour and you would have been madder if they left it you went to use it and it flooded the kitchen!

moromir

LADYXXMACBETH wrote:

It's £300 for a new washing machine.

In all fairness, it would be difficult to find a decent integrated washing machine for £300, OP doesn't say but if it was Bosch, AEG etc you'd be looking at at least £500.

ValHaller

LADYXXMACBETH wrote: »

even then if they can prove they don't have the necessary funds to pay you you won't get all of the money back.

They didn't move as a result of a repo. If nothing else there will be equity in the place they moved to. I think they would pay rather than sit there and accept a charge on the house.

But I think it was a solicitor who slipped up. It will probably take suing the vendor to shake the truth out of lawyerland.