Sold house 8 months ago, buyer claims boiler not working!

ciderboy2009

frogernoff wrote: »

I do feel a bit better but still have to draft a reply to his solicitor. !

As previously mentioned:

Dear Solicitor,

Thank you for your letter dated {whenever}, the contents of which are noted.

The only answer I will give is the answer given in Arkell v Pressdram (1971). I would, however, imagine that you have already advised your client that this would be the likely response.

I trust this brings the matter to a conclusion.

Yours,

{whoever}

stator

Don't reply to the solicitor giving too many details. Anything you do say could be used against you.

Simply state the core facts
A) The buyer was shown the boiler and was able to see it's condition
The buyer declined to have the appliance tested before he purchased the house
C) As far as you are aware the boiler was in working condition when you left
D) Point out that the boiler provides hot water and you find it unlikely that he has been living in a house for 8 months without hot water
E) Far too much time has passed for any assumptions to be made about when the boiler failed.

No further discussion will be entered into regarding this matter. If you wish to pursue it we will see you in court. Be warned that in the case of unreasonable behaviour on the part of the claimant, we may seek to recover costs.

zaax

Do you have legal advise on your union membership; house / car / personal insurance; social club? Also everytime you reply they charge there client quite a bit of money

davidmcn

frogernoff wrote: »

I'm worried that if he takes us to court that we'll lose

I'm not sure how you could possibly lose. He doesn't even have the beginnings of a legal case, and that's before you consider whether he can prove any facts.

G_M

If you do reply (I wouldn't), remember the adage: 'less is more'.

The less you say the better.

There is no point, indeed a very legal danger, in responding point by point to a claim. Even denial of something can come back to bite you in court.

Save your arguements for a formal defence if and when you receive an actual court summons.

I suspect the solicitor has 'advised' his client not to pursue this claim, but the client has 'instructed' his solicitor to write the letter anyway (hoping you'll be scared into offering, say, £1000 to make it all go away.

I doubt you'll hear further, but if you do, deal with things then.

teddysmum

How could you possibly know if there was a problem within the boiler casing as it is illegal for someone not Gas Safe registered to interfere with it ?


I think there was a case mentioned on here, a few weeks ago, where the buyer tried it on over a boiler.

TBagpuss

I agree with GM. Less is more.

I'd simply write back and say something like:

The property has belonged to [buyer] since June 2016, he was of course free to make all enquiries or inspections he felt were appropriate, before his purchase. Any improvements he now wishes to make to it are entirely a matter for him.

robatwork

Dear Sirs,

Referring to your letter of 20 Feb 2017. This is in my opinion vexatious litigation and no further correspondence will be entered into.

Lummoxley

Dear Sirs, I note your correspondence dated xxxx.

Incidentally, I am looking for representation in a claim I believe I have against the Tooth Fairy. Would you be interested in representing me?

Regards

DaftyDuck

I agree with all the "less is best " approaches suggesting a short reply.

My reply would be shorter - I wouldn't even be wasting a stamp!