Buyers trying to claim for new oil tank.

Tenapenny

Hi everyone. I'm new to the forum's so apologies if I'm in the wrong place.
My mum sold her house last month. Today she called me in tears. She has had a letter from her solicitor demanding payment of £2000 for a new oil tank. The people who brought her house have apparently gone to order oil and at the time of delivery the driver refused saying the inner skin if the oil tank had blown and that my mum would have been aware of it at the time if sale.

We can't remember exactly how old the tank is but is definitely under 10 years old as mum had it replaced as the old one wasn't double skinned. She has had no problems with the heating and the boiler has been serviced every year. In fact the buyers demanded it was serviced prior to them purchasing. She had oil delivered last year with no problems. There was half a tank of oil left when she moved out.

As you cannot see in the tank I have no idea why the driver apparently would say this.

Also the letter hasn't given any evidence in writing only the buyers word.

Mum is elderly and very upset as the letter mentions taking her to court if she doesn't pay. She left the paperwork for the oil tank with the new owners, so we can't say exactly when the tank was put it.

Incidentally in mums new house the boiler was broken and she had pay for a new one.Her solicitor which is the same as her buyers but a different branch told her she had no hope of getting her money back. Yet they are writing demanding payment of my mum.

Any advice would be much appreciated as mum is in bits and the solicitors isn't open till Monday.

teddysmum

I think their position is the same as your mum's with her boiler, provided that she didn't fail to declare a known problem, before sale.


As you are confused about how a delivery man could know about a problem, why not give his company a call ? Then, if the answer is a negative, your mum has more backing for her refusal to pay.

anselld

Unless she gave assurances about the condition of the tank at the time of selling the house then she is not liable.

Probably not even worth dragging in the Solicitor as that will just start to cost money. Wait and see if they follow through.

moneyistooshorttomention

Probably best for her to read up info. on oil tanks and then inform the buyer of her house that she and/or suitable "expert" will be coming round to inspect it and ask them for a mutually convenient time to do so.

I've found:

www.tank-replacement.co.uk/questions.html

I guess there is always the possibility that the buyer has just whipped the tank out anyway of course (in which case = problem solved and a visit would establish that fact).

I know one of the first things I did on my current house was to have mine removed - and it hasnt been replaced (as my house is now off oil and running on electric and mains gas only).

davidmcn

Tenapenny wrote: »

She has had a letter from her solicitor demanding payment of £2000 for a new oil tank.

Is that actually what it says? I would hope the letter from her solicitor would be telling her that the buyers have asked for £2000, and advising her whether they appear to have a valid claim. Which I would very much doubt.

Although the fact the solicitors have a potential conflict of interest (which now appears to be turning into an actual conflict) probably means they ought to be sending one or both clients elsewhere for advice.

Freecall

Tenapenny wrote: »

As you cannot see in the tank I have no idea why the driver apparently would say this.

Under the Control of Pollution (Oil Storage) (England) Regulations 2001 oil suppliers are classed as 'custodians' of the oil and are obliged to check the vessel into which they deliver oil before transfer. They will not deliver to tanks which cannot be seen.

Davesnave

If Mum had a bunded tank installed under 10 years ago and her system checked and serviced every year by a qualified person, the tank would still be under guarantee.

But I wouldn't worry too much. The onus is on the buyers to prove that the tank split before they completed and that your Mum knew it was faulty, which is a pretty impossible task for them, because she didn't. It was their job to check all services & systems to satisfy themselves about their condition.

Tell Mum to rest easy. This claim is going nowhere.

moneyistooshorttomention

I didnt know oil tank guarantees would be (at least) 10 years.

In that case then that equals one quick letter back to the buyer saying words to effect of "The tank guarantee is for 10 years. The tank is less than 10 years old. You have all the paperwork for this tank - as I left it for you. Should the tank indeed be faulty - then the guarantee is now your property and I suggest you claim from the manufacturer on it".

Davesnave

moneyistooshorttomention wrote: »

I didnt know oil tank guarantees would be (at least) 10 years.

In that case then that equals one quick letter back to the buyer saying words to effect of "The tank guarantee is for 10 years. The tank is less than 10 years old. You have all the paperwork for this tank - as I left it for you. Should the tank indeed be faulty - then the guarantee is now your property and I suggest you claim from the manufacturer on it".

No, that's what she might have said if the people hadn't come after her for £2k

Now, they can just go forth and multiply. OP's Mum should not engage with them.

G_M

* not all oil tanks are guaranteed for 10 years. And there may be condition attached t any warrenty which may or may not have been complied with. We don't know. Some investigation is needed. If all the paperwork has gone, contact the original installer.

* Is this England or Scotland? The law is different.

* was the letter from her solicitor or the buyer's solicitor? Either way, a phone call to her solicitor (assuming she used one) is a good 2nd step, to see whether he thinks she has liability

* What answers did mum give on the Property Informaton Form? What exact words did she use in relation to the heating system and/or oil tank?

* Did the buyers have the tank inspected? And/or the boiler?

* When she last had the boiler serviced, did the engineer also look at the tank (mine always does a quick inspection and signs it off as 'good condition (or similar). Was the boiler engineer OFTEC regulated? If she does ot kow /does ot have the paperwork, ring the engineer and ask.

* does she remember which company last filled the tank for her? If so, ring them and discuss their opinion of the tank. It's unlikely they have a written record (drivers will either be satisfied and fill, or not satisfied and refuse), and it was also some time ago, but still worth a phone call, especially if she always used the same supplier.

My guess is that she is not liable, but without more information that is just a guess.

Note: she should not respond either to the buyers, or their soliciters, either by phone or in writing, until she has obtained all the information she can and has had advice. Until then, ignore.

alumende27

I'd be very tempted to refer them to Arkell vs Pressdram.

First of all, in reference to heating, the Property Information forms simply asks:
"Does the property have a central heating system". If yes, what type, when it was installed, if after 2005 a copy of the completion certificate, if the system is in good working order and when it was last serviced or maintained.

I don't know how a homeowner could possibly know that the "inner skin" of the oil tank had blown. They're trying it on.

I would write a letter explaining that your mother had no knowledge of any issues with the system and it was up to the buyers to satisfy themselves of the condition of the central heating system as per their due diligence whilst buying the house.

I'd end the letter with something along the lines of "Any further correspondence short of legal action from the court will not be acknowledged or replied to".