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

pawlala

Ahhh, dear complainant: Nothing great was ever achieved without enthusiasm! :rotfl:

moneyistooshorttomention

This time I just had to look up Arkell v Pressdram.

:rotfl:That's my fact learnt for the day then = basically "The reply is **** off".:rotfl:

My personal take - a short polite letter stating when date of completion was (ie claimant moved in), stating when date of claim is (ie some months later) and pointing out that I felt it unlikely that anyone would have lived in a house for x months (ie time between completion and complaint) without hot water and possibly asking for a copy of their survey on the house (ie knowing full well they didn't have one).

I definitely would NOT mention re having had a baby in the house and wouldnt have done so with the boiler not working - as that rates as "playing the child card" to some and just aggravates them unnecessarily.

Ithaca

"Dear Solicitor,

Attached is a letter we received from your firm. I feel that you should be aware some clown is signing your name to stupid letters.

With best regards,

frogernoff"

csgohan4

Compo COmpo Compo


what has the world come to???


Buyer didn't get a gas boiler check, he has a weak defense

moneyistooshorttomention

Precisely my point in the way I would ask for a copy of the survey of the house - and expect never to hear again (ie non-existent boiler check).

I didn't do one myself on current house - but I seem to recall that was down to a comment from my surveyor - from which I had mentally written the boiler off and decided to replace it anyway.

frogernoff

stator wrote: »

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.

I think this sounds the best course of action, though I will ring citizens advice this morning to see what they advise. Thanks a lot

Slinky

frogernoff wrote: »

I think this sounds the best course of action, though I will ring citizens advice this morning to see what they advise. Thanks a lot

If you insist on going down this letter route, which I'd advise against, least said the better in my opinion, I would amend point C to say the boiler was in working condition when you left the house, removing the bit about 'as far as you were aware', as that is then a point of contention that it may not have been working, when it should have been, but you weren't aware of it.

DoaM

https://forums.moneysavingexpert.com/discussion/5497684

That's what can sometimes happen. I suspect that OP would have won absolutely if they'd stayed the course, but they agreed to a compromise position just to get it all over and done with.

glentoran99

Ithaca wrote: »

"Dear Solicitor,

Attached is a letter we received from your firm. I feel that you should be aware some clown is signing your name to stupid letters.

With best regards,

frogernoff"

this gets my vote

Article50

Would agree with the last post say as little as possible. There is no guarantee after 8 months that he has not had all and sundry fiddling with system anyway . Presumably he must like cold showers having had no hot water for that time. At the end of the day he is trying to get a new heating system for free which has always been his objective.