I'm now being sued by the purchaser

HouseBuyer77

Not to mention the fact that given they're claiming £1'200 of pain and suffering from cold you would have thought they'd make getting a new boiler fitted a priority, so wouldn't have been on electric heating all that long.

ikcdab

Many thanks for all of the replies, very useful.

The claim is for a reduction in the value of the property not for a replacement boiler. They claim that it was worth less than they paid for it because the heating wasn't working. Hence the £3000. They paid £182000.

HouseBuyer77

Unless plumbers are an extremely rare species in your neck of the woods or there's something else that means getting a new boiler installed is a long, complex proceedure they'll have trouble justifying how installing a new boiler elevates the value of the house beyond the cost of the install.

G_M

and that assumes a new boiler was required.

Wasn't there talk of a repair some pages ago...?

AdrianC

Since this has actually now reached a court claim, all our opinions as to whether their figures are sane or not are moot.

The only opinion that matters is that of the judge who the case is assigned to.

So... get your defence together. You have all the information already - you filled the form in to the best of your knowledge at the time, you were non-resident (which the buyers knew), etc etc. If you can document that you offered £1,000 towards repair costs, then so much the better. Only one side of this is going to look unreasonable.

Unless there's some kind of monumental brainfart, the claim will be thrown out in short order. You're likely to be ordered to pay reasonable repair costs, up to £1,000, as you offered - but that's about it.

G_M

AdrianC wrote: »

Since this has actually now reached a court claim, all our opinions as to whether their figures are sane or not are moot.

The only opinion that matters is that of the judge who the case is assigned to.

So... get your defence together. You have all the information already - you filled the form in to the best of your knowledge at the time, you were non-resident (which the buyers knew), etc etc. If you can document that you offered £1,000 towards repair costs, then so much the better. Only one side of this is going to look unreasonable.

Unless there's some kind of monumental brainfart, the claim will be thrown out in short order. You're likely to be ordered to pay reasonable repair costs, up to £1,000, as you offered - but that's about it.

You're might be ordered to pay reasonable repair costs, up to £1,000, as you offered - but that's about it

tom9980

G_M wrote: »

You're might be ordered to pay reasonable repair costs, up to £1,000, as you offered - but that's about it

depends on the wording of that £1k towards costs

"When used in a document or letter, without prejudice means that what follows (a) cannot be used as evidence in a court case, (b) cannot be taken as the signatory's last word on the subject matter, and (c) cannot be used as a precedent. Contents of such documents normally cannot be disclosed to the courts but, when a party proposes to settle a dispute out-of-court, it is the genuineness of the effort that determines whether the proposal can disclosed or not, and not whether the words without prejudice were used."

Read more: http://www.businessdictionary.com/definition/without-prejudice.html

OP the advice you are getting is IMO right, from the small claims cases i have had some involvement in they are nothing to worry too much about as long as you have all your evidence neatly layed out for the judge i would imagine you have a 90%+ chance of winning, unless there is more you are not telling us

steampowered

AdrianC wrote: »

If you can document that you offered £1,000 towards repair costs, then so much the better. Only one side of this is going to look unreasonable.

Just so that you are aware, evidence of what you have offered to settle a claim is actually inadmissible as evidence. The judge can't and won't look at it when deciding on the case.

The reason for this rule is that the court wants people to settle their cases. The court doesn't want people to worry that they are damaging their case by making settlement offers.

It would only be admissible as evidence after the main dispute has been decided, when the judge comes to decide on who should pay legal costs (if any). For example if the claimant is awarded less than £1,000 the Op could legitimately claim that bringing the claim was unreasonable and that he should be paid costs at the litigant in person rate of £18 an hour for time spent on the claim.

Kynthia

I know you've already tried to avoid court, which is the best thing to do as you can never be sure what the judge on the day will do. I remember someone on the Ebay part of tge forum was taken to court by someone they sold a caravan to in 'as seen' condition. After not inspecting it at collection they then drive it far away, kept it for a few week during bad weather and then sued for damp. No one thought they'd win but they did and the OP lost a lot of money.

You can never be sure how court will go so try to avoid and if not make sure you get advice, bring your evidence, make sure all reports/statements are signed, and bring witnesses wherever you can.

sheff6107

If you can document that you offered £1,000 towards repair costs, then so much the better. Only one side of this is going to look unreasonable.

I hope your paperwork was marked 'without prejudice'.